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How can I help with this please?
So it relates to a period of time when you had sold the flat?
I'm not sure this is my area then.
I will opt out for others.
Hello my name is ***** ***** I will help you with this.
Do they have a County Court Judgment against you please?Alex
Ok - what you need to do is apply to set that Judgment aside.
If you do that it stops any enforcement action.
You need to do this by completing form N244:
The court will set the matter down and decide whether to set Judgment aside.
You need to show that you have a realistic defence to the claim. Therefore you need to file with the application a short statement saying why you dont owe it.
Then if the Judge is satisfied it will be set aside and therefore no claim against you and enforcement action will stop.
Can I clarify anything for you about this today please?Alex
Not getting bills is a defence, but not receiving Court documents.
Eon need to serve at the last known residential address or you, that is it.
But apply to set aside, show you dont owe it - thats all you need to do
Can I clarify anything else? Alex
That is not. If you were served at the last known address that is what the rules (civi procedure rules part 6) requires.
Does that clarify? Alex
Yes I understand that. But the fact you did not get them in itself is not a defence.
That is what I am saying. Focus on the defence to the claim, that is your strongest point.
No, Eon only need to serve at your last known residential address to them.
I dont know why they didnt trace you, but in law they are NOT required to do that.
You can ask the Court at the hearing that Eon pay the £255 - yes.
The owner yes, unless the tenancy agreement says otherwise.
Yes I understand.
But all this does not matter at the moment because there is a Court Judgment.
You need to apply to set aside. If you dont set aside you are liable in full for the CCJ.
There is no action you can take to safeguard your credit file - there is a CCJ and it will be marked as satisfied.Does that clarify? Alex
If you didnt get the bills and if you never lived there then you are not responsible.
They should have sent the bill to YOU.
Yes. But they should have posted YOU the bills.
Landlord is responsible UNLESS the tenancy agreement says otherwise.
I am sure you informed Eon of your address if it was empty.
If you didnt then this is a problem for you and you need to pay them.
But that will be tax deductible.
No, because although technically as Landlord you are liable, the tenant switched and didnt tell them YOU were the Landlord.
So you probably would be liable for the bill, but not the Court costs etc.
Both. You would only be liable for the actual bills. That is it.
If the CCJ is lifted then the whole thing is set aside and the process starts again.
Sure. Then you need to complete form N244 as discussed.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex