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    • Moon Star
    • By Moon Star 10th Feb 18, 8:31 AM
    • 4Posts
    • 0Thanks
    Moon Star
    2 defaults for 1 account
    • #1
    • 10th Feb 18, 8:31 AM
    2 defaults for 1 account 10th Feb 18 at 8:31 AM
    Hi,
    This may have already been answered, in which case, please do feel free to direct me to an appropriate thread.

    My former tenant of 7 years abandoned my btl flat in May 2011 without my knowledge.
    The rent and mortgage were going through my other account that I don't use as my current account, and since the mortgage was still being paid from the savings, I hadn't even noticed until a year later, when funds were depleted and the mortgage payments started to bounce.

    By this point, I discovered that the property had been taken over by squatters.
    I then spent the next few years battling to remove them (for various tactics, the law did not consider them as squatters).
    After 4 years, and after many failed attempts, in 2016, I finally managed remove all the squatters and secure the property.
    I found in the piled up post a CCJ dated 2015 to myself from Eon for the electricity to the property amounting to 4.5k.
    I of course contacted Eon, from which started my next battle.
    I got the property fully refurbished and back on a let in July 2016.
    I then received a final bill of 1,400.00 to my actual home address, which of course I disputed, along with the rest of the debt.
    In September 2016, A new credit agreement appeared on my Equifax.
    Eon had registered a 3 month old default for the final account balance.
    After the tenants reading, the final balance got adjusted down to 750.00, but the default balance remained at 1,400.00.
    On dispute, Eon advised that the previous account for the CCJ balance got closed and a new account was opened for the final balance ( they were closed and opened at the same time!)
    I then, and only by accident, discovered that they had got a charging order on the btl flat for the CCJ debt.
    I am all otherwise excellent on my credit performance, except this has put me straight down to very poor.
    I am still applying to set aside the judgment, but surely they ought not to put a 2nd default on me in this way?
    They are refusing to budge on their position, so what else can do?
Page 1
    • zx81
    • By zx81 10th Feb 18, 8:33 AM
    • 16,462 Posts
    • 17,515 Thanks
    zx81
    • #2
    • 10th Feb 18, 8:33 AM
    • #2
    • 10th Feb 18, 8:33 AM
    Ombudsman.
    • tessiesmummy
    • By tessiesmummy 10th Feb 18, 8:38 AM
    • 145 Posts
    • 126 Thanks
    tessiesmummy
    • #3
    • 10th Feb 18, 8:38 AM
    • #3
    • 10th Feb 18, 8:38 AM
    I am slightly confused by what you have bit I have a Ccj (dated 2015) and a default (dated 2013) both from the same very account and I asked the same question the other week and this is correct unfortunately. they will both go off once their 6 years are up.
    • Moon Star
    • By Moon Star 10th Feb 18, 3:11 PM
    • 4 Posts
    • 0 Thanks
    Moon Star
    • #4
    • 10th Feb 18, 3:11 PM
    • #4
    • 10th Feb 18, 3:11 PM
    You can get a default, which can then be escalated to a CCJ at a later date, which appears to be your case.

    However in my case, I received the first default in 2012, which became a CCJ in 2015.
    After that, in 2016, Eon closed that account and opened another one and gave me another default.
    • Moon Star
    • By Moon Star 10th Feb 18, 3:16 PM
    • 4 Posts
    • 0 Thanks
    Moon Star
    • #5
    • 10th Feb 18, 3:16 PM
    • #5
    • 10th Feb 18, 3:16 PM
    I have contacted the ombudsman, although I fear I could not word my case properly. So Eon's Legal team managed to convince the ombudsman that they have acted correctly, there was no explaination, just a referral to the terms & conditions
    • Moon Star
    • By Moon Star 10th Feb 18, 3:17 PM
    • 4 Posts
    • 0 Thanks
    Moon Star
    • #6
    • 10th Feb 18, 3:17 PM
    • #6
    • 10th Feb 18, 3:17 PM
    I should also add, I don't have any terms & conditions, since the account was originally set up by the tenant, I didn't even know who the energy supplier was.
    • sourcrates
    • By sourcrates 10th Feb 18, 3:37 PM
    • 13,782 Posts
    • 13,098 Thanks
    sourcrates
    • #7
    • 10th Feb 18, 3:37 PM
    • #7
    • 10th Feb 18, 3:37 PM
    A "default" and a "CCJ" are two separate things altogether, one does not become the other, or vice versa, and have no connection between them.

    Your account goes into default, and you receive a "default notice" when you don`t pay the bill, if the bill is still not settled after 14 days, then a default is also registered on your credit file.

    As long as its placed there correctly, it will not drop off for 6 years.

    A county court judgement is awarded against you when the creditor takes legal action against you, your circumstances may warrant a successful setaside application, but it will depend on the judge.

    If the two accounts have different reference/account numbers, then EON may be able to justify their actions, however, it is confusing, and unfair for the customer, so i would be taking the complaint to the energy ombudsman, and see what they make of it :

    https://www.ombudsman-services.org/sectors/energy/complain-now?gclid=EAIaIQobChMI69u0xtab2QIVzZ3tCh2SkA4XEAAY ASAAEgLXIfD_BwE
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