Help with Application to Set Aside.

[Lindiloo]

I've searched threads and read LegalBeagles.info » Library » Court » Guides and Letters » Set Aside as suggested.
Im confident that I have good reason to make the application, but would appreciate a little specific help with my case.

A letter arrived from Court Enforcement Services. This related to a CCJ of which I had no knowledge and showing a judgment date 03/12/18. I have never heard of the claimant, but a quick internet search showed they were possibly a debt purchasing company.

Prior to the Enforcement letter I had recieved no correspondence regarding this matter.

I contacted the court and they confirmed the CCJ was genuine and gave more information regarding the claim.They also provided contact details for the claimant and I emailed asking for further details. A few days later, after several emails had been ignored I took time out of work and phoned them. They initially wouldn't speak to me as I couldn't correctly confirm the address they had on their records. THEY had the wrong postcode, I was giving the correct postcode. Eventually they gave a little information and claimed to have already emailed me a few days before. That email had been sent to the wrong email address!

I requested any/all documents they held in relation to the alleged debt and all they have provided is a copy of a final invoice for a utility company.

Listed below is basic information provided :

Copy Invoice dated 5 November 2012

Original Invoice date 4 November 2012

Passed to claimant 16 April 2018

Introductory Letter from claimant 17 April 2018

Letter of Claim 24 April 2018

Date of Claim 7 Nov 2018

All of the above documents and subsequently the claim pack and any further notices were apparently delivered to the address I left in 2012. It would seem therefore that the only people to attempt to trace my actual address is the Enforcement Service.

The account allegedly dates back to May 2012 with no contract available and no payments ever made. My first question is would this debt be statute barred.

[Amethyst]

So Azzuro are the judgment holder/claimant and shoosmiths are acting for them. Thus Azzuro purchased the debt from E-On so there will need to be evidence of the assignment.

It seems unlikely it will be statute barred if the invoice was dated 4/5th November 2012 and the claim was issued 7th Nov 2018 - the cause of action wouldn't arise until the date the invoice was due for payment, and up until then there was no cause of action.

Do you know anything about where this E-on debt has come from ? How much approx is it ? Was it a termination charge at all for leaving mid contract or just a last bill before moving that went unpaid ?

If you have kept your credit file / electoral roll and whatnot updated they have no excuse really for issuing to a 6 year old address - with a wrong postcode too? ... so I'd expect you'll be fine with a set aside application but you would also need to show you have a reasonable prospect of success defending the claim.

Have Azzuro applied for a warrant ( why the court enforcement contacted you?) as you will want to ask in your application for the warrant to be suspended as well.

A SAR To E-ON might be in order as well - it won't help for the set aside application but may assist later when you file your full defence - Subject Access Request Letter

[Lindiloo]

Surely, if the utility company had never been paid they would have entered a default before 6 months and the debt should be statute barred. The debt has never shown up on my credit report. The Enforcement notice was the first I've heard of this debt.

Is the onus on me to prove this is not my debt, or on them to prove it is

[Lindiloo]

Can anyone advise any further on this situation. All comments greatly appreciated.

[Debt Camel]

"The bill that has now been presented represents the whole 6 months that she ran the pub meaning that if Eon were the energy supplier they recieved no payments whatsoever in relation to energy at those premises, which I find hard to understand." so who did you think was paying the energy bills?

"I did not deal with any of the accounts and have no records in relation to these premises." who was your accountant at the time? have you asked them?

Who was the tenant of this second pub, you, your partner or both of you?

your partner went bankrupt, your IVA was rejected - what happened to your debts?

[Lindiloo]

I had no reason to believe there were any other debts other than those listed on the IVA. I assumed the utility bills would have been paid monthly as was every other utility bill for the previous 7 years trading at the original premises. No other debts were outstanding from the second premises.

Any debts I had were either paid off or written off. Ive checked business rates and they show zero balances now and I've only ever had contact from the bank. No one else.

So, I suppose what I really what I really need to know is would this debt be classed as statute barred if nothing had ever been paid since May 2012.

[Debt Camel]

What is the significance of May 2012? You need to know what the date on the bill was. Have you sent EON a SAR as suggested?

[Lindiloo]

SAR sent as suggested and awaiting information. The only document Claimant can provide is a copy of a final invoice for electricity supplied *May 2012* to Oct 2012 and that is dated 4th November 2012. Claimants apparently have no other documents.

My IVA application showed only British Gas and Npower debts. Nothing for Eon. Neither of us remember anything to do with Eon.

If Eon was genuinely the supplier would it not seem logical that they would have made some demand for payment after one or two months went unpaid?

With no contract, no payments and no contact when would this become statute barred ?

I can find nothing on my credit report. No account, no default. Nothing at all.