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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70109
Experience:  Over 5 years in practice
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Hi, I have had a claim passed against me for a utility bill.

Customer Question

Hi, I have had a claim passed against me for a utility bill. I was not living in the house in question at the time. The contract with the Utility company was never transferred to the new tenant.

I can prove the above.

Judgement has already been passed against me.

Would the best course of action be to pay the claim and attempt to reclaim funds from the new tenant?

I do not wish to incur more expense attempting to setting the judgement aside.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

Why wasn't it transferred please?
Customer: replied 3 years ago.



The company was aware of the switch, but required a signature from the tenant. I asked the new tenant to do so and foolishly assumed he had done so.

Expert:  Jo C. replied 3 years ago.
What's the date of the CCJ?
Customer: replied 3 years ago.

The judgement was issued against on 06/03/2013.

Expert:  Jo C. replied 3 years ago.

That is fairly recent. You do have a realistic chance of asking for it to be set aside on the basis that you didn't receive the summons - which I presume to be what you are saying here. It will not be expensive to make that application. There is an administration fee but its not high.

If that fails then you could sue the new tenant essentially in conversion.

I do realise that you don't want to pay the money but you might find that you prefer not to have a CCJ against you either in the future. They do have a detrimental impact upon your credit rating.

If you prefer to sue the tenant immediately then you are free to do that but you will still be left with a CCJ. It is not removed because you pay it off although you can have it marked satisfied. That is an improvement but its still a blemish upon your credit rating.

Can I clarify anything for you?

Customer: replied 3 years ago.

I have already made an application for it to be set aside. Unfortunately the judge decided a full hearing would be necessary; costs be in the case is stated on my order form.


I can not prove beyond reasonable doubt that the summons would not have reached me. My only defence is that I can prove I was not living in the property for the period I have been billed for.


I can not afford my own legal representation, I also can not afford for the hearing to go against me.


I am completely ignorant of the law and will be making my own defence, do I stand any chance of not only setting judgement aside but having the case dismissed?

Expert:  Jo C. replied 3 years ago.
You don't have to prove beyond reasonable doubt that you didn't get the summons. You just have to convince the judge that you are reasonably credible on that point.

Probably the judgment would be set aside.

You won't get the case dismissed though but you could defend on the basis that you are not the liable person and invite them to add the other tenant to the claim or add him yourself as a second defendant.

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