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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14425
Experience:  Solicitor
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I need a solicitor with data protection experience and

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Hi i need a solicitor with data protection experience and potentially property
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
Assistant: Where is the property located?
Customer: Yorkshire
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: no

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Can you please explain your situation a little more?

Customer: replied 11 months ago.
I have a buy to let property and had a boiler installed on a lifetime rental / repair agreement. When the agreement was taken out I lived at the same address as now and I made it clear that correspondence was not to be sent to the installation address as this was a tenant.This went smoothly for quite a few years but then I lost my job, which also meant that my email address and mobile number changed.Due to this loss of earnings I missed payments to the boiler company – A Shade Greener – however I was not aware of this.It would appear that boiler company may have sent emails to the dead address (it would be clear that it was not working) and may have tried to call the mobile number (again it would have been clear that this was not in service). They sent correspondence to the installation address (apparently) and the tenant failed to pass this on until it was a CCJ against us.I contacted the boiler company. I failed security as I was not the property owner (it is my wifes house on the deeds). I explained that it was me that set the account up, but they said that due to new data protection laws they could not talk to me.My wife tried to talk to them but failed their security questions as her involvement in the contract set up was minimal.They then refused to us. They refused to accept a change of address request. They could not offer a means of settlement and put the phone down.They then went on to escalate to the high court upon where enforcement officers collected the full amount from us.My issue is that they made no attempt to identify our new correspondence details and when informed of them refused to accept them and hence exposed us to unnecessary costs.Can we enter a claim in the small claims court to recover some / all of the money?

Have you applied to set aside the CCJ at all?

Customer: replied 11 months ago.
No - we could not afford it and then the enforcement officers from high court landed

Ok - then no, you can't bring a claim.

What you have to do is apply to set aside the existing claim

You need to do this on form N244:

https://www.gov.uk/government/publications/form-n244-application-notice

You apply to set aside on the basis they have served it on the wrong address.

If you didnt get the Court papers then the Court MUST set it aside, it is what is called an IRREGULAR Judgment.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 11 months ago.
i can set aside even after the high court judgement? What happens after that?

Yes. It will be listed for hearing. If it is set aside, then the Claimant will have to pay you back everything you have paid.

But you can not issue a small claim as its arising out of the same case.

Does that clarify?

Customer: replied 11 months ago.
thank you.

Can I help with anything else today?

Jamie-Law and 5 other Law Specialists are ready to help you
Customer: replied 11 months ago.
thank you

Pleasure