We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

E.ON applied for a consent order to set aside a CCJ, then basically retracted it

I haven't been on the forums for year but I need some assistance to know who to ask for help.

In June 2022 I received a CCJ from E.ON for £455 which I discovered in June 2023. I contacted E.ON who basically didn't help until I raised an issue with the ombudsman in 2024. E.ON agreed to apply via consent order for a set aside as they had evidence that the court papers were returned to them by my old landlord.

What E.ON hadn't checked was whether the CCJ was in their name or the debt collector (Lowells name). Once they realised this several months later, they told me that I had to contact Lowell myself, to get Lowell to contact the debt sale team to agree that Lowell could apply for the consent order. At this point - it all came to a halt. Someone else in E.ON refused to give permission and Lowell won't do anything as they say it is E.ONs decision.

I have a draft copy of the consent order that E.ON applied for in March 2024. I have the response from Lowell in September 2024 saying that E.ON don't agree for the consent order to be applied for.

I also submitted a SAR 4 months ago which as not been dealt with. 

E.ON offered me £125 compensation which didn't materialise. 

I have contacted my local MP for help, I can't afford to apply for a set aside myself although if E.ON were to up their compensation offer to match the court fee then I would apply. 

Who else can I seek help from? I just want E.ON to do what they promised and say yes Lowell, please apply for the consent order. But they refuse, which contradicts their previous actions.

I've escalated it again within E.ON but I don't think I can get anywhere else with it, so I was wondering if anyone had any advise as to who I might contact. I've contacted the BBC, my local MP, I've spoken with one of those CCJ removal companies who said based on my evidence they think they could get it set aside. I know I could do this myself but my mental health has been really affected. I am staying at a friends house as the CCJ has prevented me from renting anywhere and she is selling so I will be homeless shortly. 
£5000 left to pay on credit cards, down from 40k!!

Comments

  • sourcrates
    sourcrates Posts: 30,575 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Lowell are not debt collectors, they are a debt purchasing company.

    It appears they have bought the debt from Eon, which would explain Eon`s reluctance to do anything as they have offloaded the debt to Lowell.

    Don`t go throwing silly money at companies that claim to be able to remove CCJ`s, they can`t, its a set aside application they make, the same as you can do yourself, but at twice the cost if you use them, no one else can help with this.

    Its quite simple, you must ask yourself two questions:

    (1) do you owe the debt?
    (2) did you receive court papers?

    in order for a set aside to be successful, you must be able to answer NO to both questions.

    Are Lowell currently chasing this debt?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • ManyWays
    ManyWays Posts: 707 Forumite
    500 Posts Fourth Anniversary Name Dropper
    EON cant apply for a set aside if they were not the Claimant for the CCJ, it has to be Lowell or you.
    I think you have a choice between going back to the Energy Ombudsman or applying for a set aside yourself. Gpoing back to the energy Ombudsman could take a long while. On a very low income, you can get help with the set aside fees: https://www.gov.uk/get-help-with-court-fees. If your income is too large to qualify then can you really not afford it if you are currently staying with a friend? Obviously you shouldnt have to pay, but is speed your main priority? Going to "we remove CCJs" firms will cost more than doing it yourself

Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 348.2K Banking & Borrowing
  • 252.1K Reduce Debt & Boost Income
  • 452.3K Spending & Discounts
  • 240.7K Work, Benefits & Business
  • 617K Mortgages, Homes & Bills
  • 175.6K Life & Family
  • 253.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.