Incorrect defaults still registered after winning court case for CCJ set aside

moatmeister

Hi

Here's a brief and simplified version of the situation.

I had an electricity account with Eon at an unoccupied and derelict property that used minimal, and often zero, electricity. They regularly used estimated bills even though they were aware of the situation. The situation was kept under control for a number of years. I then had a few personal health problems which meant I was no longer able to deal with this.

They continued to run up a large estimated bill. Eventually they issued 2 defaults, one for £2900 and one for £3300, and then a CCJ using an incorrect address.

When I found out about this, I had the bill recalulated from their £6000 estimate to around £500 using meter readings which was then paid and settled. I applied and successfully got the CCJ set aside in court on the basis the whole thing was incorrectly handled. I also was awarded compensation from Eon.

I assumed, maybe incorrectly, that the defaults would also be removed, but they were not.

I tried to complain to Eon but they were not even interested in registering my complaint as it had gone to their "legal department" which I know from earlier dealings, is a law unto it's self. I have raised a  query with Experian via check my file, and they have sent the response back from "the lender" (Eon) to say the information is correct and cannot be removed.

I won the case in court, which removed the CCJ, the liability for the incorrect "debt" and all the resultant bailiff's fees.

How can I still have two defaults for not paying an amount of money that it has been proved I never owed?

Not too sure what to do next about this. Any constructive ideas please?? Thanks!

@Dobbibill, @sourcrates

Brie

So electricity was supplied (albeit a tiny amount) plus daily standing charge, neither of which was paid for a couple of years at least?  Were any payments ever made?   I would have thought that was the problem behind the defaults rather than them excessively billing you which they later corrected.  

I do believe that you are allowed to add a note to your credit report to comment on things such as this but I wonder if that would be viewed by a potential creditor as sour grapes.  

moatmeister

Yes that is correct.

However I don't think it fair to have a  default registered against me for money amounts that I never owed, particularly against my background of health issues.

I am happy to go back to court, if necessary but I hoped there might be a simpler way.

moatmeister

@Brie. And yes, you are correct. For what ever the reasons,  I didnt pay what they asked for at the time. But what they asked for was known to me to be to be incorrect and grossly exaggerated, as  was later proved in court. So why should I have payed it??

sourcrates

You can try the ICO, register a complaint with them, I`m not too up on utility debts resolution, but you may also be able to complain to the energy ombudsman.

There is of course the court route, which would involve applying for an in junction, this from a similar case from the web:

In particular given the utility company's acknowledgment of the error, there are more assertive approaches you can consider to expedite the resolution by seeking an injunction against the utility company, compelling them to remove the erroneous default from your credit file promptly.

An injunction is a legal order issued by a court that requires a party to do or refrain from doing specific acts. In your case, you could seek a mandatory injunction requiring the utility company to correct the error on your credit file. However unlike the approach we have discussed above involving the ombudsman if necessary, seeking an injunction involves upfront legal costs, and there is a risk that if the court does not grant the injunction, you could be liable for the utility company's legal costs. Despite these risks, the threat or actual pursuit of an injunction can serve as a powerful motivator potentially in itself for the utility company to address the issue with the urgency it requires though in the case of large companies, such threats can have less impact than may be the case with individuals or small companies.

To this end, you could alongside any formal complaint in the matter, consider sending correspondence along the following lines:

Dear Sirs

RE: Erroneous Default on Credit File - Urgent Rectification Required

I am writing to express my distress and urgency regarding the erroneous default recorded on my credit file in July 2022, which, as acknowledged by your company, is a mistake. Despite numerous communications and your acknowledgment of this error, the default remains on my credit file, severely impacting my financial opportunities, most notably my current mortgage application and I entirely reserve my rights in relation to costs and losses in particular but not limited to this transaction as a consequence of your company's negligence.

I demand immediate rectification of this error and request a written confirmation of the same within [specific timeframe, e.g 7 days] of this letter. Failure to address this urgent matter satisfactorily will leave me with no alternative but to seek legal redress, including but not limited to, applying to the court for an injunction to mandate the correction of my credit file and seeking compensation for the damages incurred due to this error.

I trust that it will not be necessary to escalate this matter further and look forward to your prompt resolution. Please treat this matter with the urgency it unequivocally demands.

Yours faithfully,

[Your Name]

Brie

moatmeister said:

@Brie. And yes, you are correct. For what ever the reasons,  I didnt pay what they asked for at the time. But what they asked for was known to me to be to be incorrect and grossly exaggerated, as  was later proved in court. So why should I have payed it??

You admit that there was an amount that was subsequently paid.  So that could have been paid earlier which might have avoided this situation.  Obviously I wouldn't suggest you should pay a vastly inflated amount.  But perhaps also obviously if you were unwell you likely didn't have the head space to think it all through.  

Sourcrates letter template seems a good way to try and resolve this.  

moatmeister

@Brie, @Sourcrates

Thank you both, that's great!

moatmeister

@sourcrates ICO = 

Information Commissioner's Office

 ??

sourcrates

moatmeister said:

@sourcrates ICO = 

Information Commissioner's Office

 ??

You got it.