OVO taken me to court for debt not mine.

Steve321VFR

Hi all.
I was with SSE at my last address 2020-2022, on moving out I gave final meter readings by phone, early this year I got an email from a solicitors saying I owed OVO £1500 pounds, for an entire year after I'd moved out, 2022-2023.
I sent OVO proof I was living somewhere else during that time 2022-2023, by a tenancy agreement, photo driving licence registered to my new address, a written statement from the rental agency (Leaders) DWP and Octopus to say I was their customer at my new address 2022-2023.

The solicitor said OVO didn't accept any of these as evidence, and said I had 7 says to provide more evidence, which I couldn't obtain as it was a couple of years ago now.
This week I had a court letter telling me, OVO had taken me to court and I've lost by (default) as I didn't attend and now have a CCJ, I never received anything in the post or by email regarding a court hearing prior to this letter, I've asked for a n244 form that asked the court for me to appeal and set aside the judgment, by showing my evidence in court, but am concerned the judge won't accept what I have as evidence, just as OVO didn't, any thoughts as to my chances?

MWT

Steve321VFR said:

...but am concerned the judge won't accept what I have as evidence, just as OVO didn't, any thoughts as to my chances?

The best evidence would be proof that your previous tenancy had ended rather than proof you had another tenancy elsewhere...

Do you have anything like the return of your deposit at the previous address, or a copy of the tenancy agreement showing the end date, or email from the previous landlord/agent noting you had moved out...?

Mark_d

Unless you sold the property when you moved out, or your tenancy ended on that date, you would continue to be responsible.  Without seeing the evidence you have and the claim against you, we have no idea what the court is likely to decide.

Your court paperwork was likely sent to your old address, as this was the address OVO had.

Since you have no new evidence I can see no reason a judge would consider setting aside your CCJ.

Steve321VFR

Hi MWT, the Tenancy there was verbal and no deposit given, the landlady moved abroad when I moved out.

Steve321VFR

Even though I have all the evidence that I was living at different address at that time? 

MWT

Steve321VFR said:

Even though I have all the evidence that I was living at different address at that time? 

The bit you are trying to prove is that your tenancy ended at the old address, nothing stops you renting two places at the same time...

Has there been anyone living at the previous address since you left? Has the ownership of that property changed?

Must be some way to prove who has been responsible for it since you left...

Mark_d

Generally you continue to be responsible until someone else takes over the bill.  If you had documentary evidence of your tenancy ending, the responsibility would have passed to your landlady or a future tenant.

Proving that you moved elsewhere does not resolve you of your responsibility towards OVO.  The best you can do is pay the bill immediately and hope that the CCJ can be removed from the credit reference agencies.

Steve321VFR

Mark_d. Thankyou. I don't have this information from when I moved in 4 years ago unfortunately, I would hope that, unless the judge would think I rented 2 houses on the same year as a single parent with minimum income couldn't possible rent 2 properties? I would of thought a tenancy agreement, driving licence, energy supplier written statement and from agency who I rented from and DWP all showing where I was living, against OVO who only assume with no evidence.

MWT

You certainly stand more chance with a Judge than with OVO, but I'd certainly try to offer some evidence regarding what happened to the property after you left, can check the land registry for example to see if the ownership changed...

Steve321VFR

Thank you all, I do know the couple that moved in straight after I moved out by their names and met them as the new tenants, proving this however is the tricky part.

Mark_d

Steve321VFR said:

Mark_d. Thankyou. I don't have this information from when I moved in 4 years ago unfortunately, I would hope that, unless the judge would think I rented 2 houses on the same year as a single parent with minimum income couldn't possible rent 2 properties? I would of thought a tenancy agreement, driving licence, energy supplier written statement and from agency who I rented from and DWP all showing where I was living, against OVO who only assume with no evidence.

I don't think you could rent two properties.  But you continue to be responsible at your old place until someone else takes over.  That's just the way it works.

Proving that you were living someone else does not prove that your responsibility at your old place ended.  That's the problem here.