Eon ccj based on incorrect billing

[echat11]

HYes. What eon are saying is that I have to pay the revised amount of £570 to the bailiffs plus their costs that they will make up, under the terms of the original CCJ for £3400 owed. Surely that is not correct??

Can you do what you said you would do in post 10?

[moatmeister]

echat11 The amount of £570.98 is correct based on their recalculated bill as far as I can see, it includes , all the standing charges, the costs of 4 x field visits (when they would have seen the unoccupied and derelict house} and some legal fees..

[echat11]

echat11 The amount of £570.98 is correct based on their recalculated bill as far as I can see, it includes , all the standing charges, the costs of 4 x field visits (when they would have seen the unoccupied and derelict house} and some legal fees..

4 field visits are excessive, especially when they would have seen the unoccupied and derelict house on the first visit. I would make that point. I would check what there protocols are on that as a general rule. Send them some pictures, i.e. this is what a unoccupied and derelict house, etc. Also have you had any dates / timings for visits? A SAR would get you that information.

[moatmeister]

Yes got all that from the SAR. Much more info on the early Eon, (rather than Eon Next) visits which clearly state house appears to be unoccupied. Increased estimated billing seems to have started (unsurprisingly) after the move to Eon Next. Are you able to comment/ advise on my current position legally and wether the CCJ is still valid and wether high court bailifs still have a valid case bearing in mind thr debt is now below £600?

[echat11]

Yes got all that from the SAR. Much more info on the early Eon, (rather than Eon Next) visits which clearly state house appears to be unoccupied. Increased estimated billing seems to have started (unsurprisingly) after the move to Eon Next. Are you able to comment/ advise on my current position legally and wether the CCJ is still valid and wether high court bailifs still have a valid case bearing in mind thr debt is now below £600?

Just because EON changes name to EON Next, they have the same information i.e. the house is 'unoccupied' etc. It's the same company. So the only visit charges you should be paying is 'EON' as long as you are satisfied to their 'validity'.

EON / EON NEXT, could visit 50 times to build up charges.

I think they can. 'When enforcing a County Court Judgment in England and Wales if the judgment is below £600 inclusive of costs then you MUST use the County Court's own bailiffs. If the judgment is above £600 you can have your case transferred up from the County Court where you got your Judgment to the High Court for enforcement.'

The CCJ I think you would find it difficult to get it set aside because you received the Court papers.

Because they chased you for money you didn't owe, you disputed the amount, they didn't listen, make a formal complaint, follow their complaints procedure on their website. They should callback the debt and consent to removing the CCJ. They chased you for the wrong amount.

[moatmeister]

Thanks. My point is the incorrect judgement was obviously over £600. But its now under £600 inncluding original costs, and would have been if it had been based on correct readings. So I think it should never have gone to the High Court?

[echat11]

Thanks. My point is the incorrect judgement was obviously over £600. But its now under £600 inncluding original costs, and would have been if it had been based on correct readings. So I think it should never have gone to the High Court?

Maybe not High Court bailiffs, but you would have been dealing with County Court bailiffs as per post 20.

[moatmeister]

Yes. So the original high court bailiffs who turned up at the end of April chasing the £3400 and went away empty handed, are the same ones who turned up this week to collect the £570. What Im asking is because its now under £600 and so I believe shouldn't be with the High Court,, do they still have any legal jurisdiction?

[echat11]

If you hadn't received the Court Claim i.e. it went to the wrong address, then you could of set a side the Judgement. They made a claim, you could of disputed it during the Court Hearing where a Judgement was made. You need to challenge EON for 'harassing you for the wrong amount. Have you lodged a formal complaint on that with Eon?

[moatmeister]

Hi everyone and echat11 Some positive news here now, have successfully got a stay of execution for the High Court Writ, thus stopping the bailiffs, and successfully filed an application for a set aside hearing which is later this month, so hopefully can get everything sorted then. Your advice to get a SAR provided vital evidence for this so thank you. Havn't yet lodged a formal complaint with EON, but I will be doing so.

[echat11]

Hi everyone and echat11 Some positive news here now, have successfully got a stay of execution for the High Court Writ, thus stopping the bailiffs, and successfully filed an application for a set aside hearing which is later this month, so hopefully can get everything sorted then. Your advise to get a SAR provided vital evidence for this so thank you. Havn't yet lodged a formal complaint with EON, but I will be doing so.

Well done so far, prepare / build your case for the Hearing.

You could write a Skeleton Argument, send it to the Court and other party, 3 working days before the
Hearing, that should help you explain things on the day. 2 A4 pages max, attach documents / evidence, number pages, number points etc.

https://hallellis.co.uk/write-skeleton-argument/

Update after Hearing.

[moatmeister]

echat11 Thats all done and been sent with the application. Thats where the SAR came in handy! Just wasnt sure if I have to "serve " it to the claimant or whether the court does that as part of their process?

[echat11]

echat11 Thats all done and been sent with the application. Thats where the SAR came in handy! Just wasnt sure if I have to "serve " it to the claimant or whether the court does that as part of their process?

I'm fairly sure the Court does it as a fee has been paid, but there's no harm in you sending it to the Claimant.
They can't complain about not receiving it.

[moatmeister]

echat11 The outcome of my hearing with EON Next was the CCJ set aside and (reduced) costs awarded to me.

Although happy for the situation to be positively resolved, I felt it was all a bit of an anti climax in the end though. Having repeatedly said they would not consider setting aside the CCJ, I think that in the email they sent on the day before before the hearing, offering me £500 compensation in return for dropping the case (which I declined) they quite cleverly turned this from a diabolical customer service issue into a money issue.

I think the fact that they tried to settle out of court and offered the £500 compensation was insulting, but possibly an indication that they were rattled. They sent their senior litigation officer, but they should have taken the whole thing seriously much more earlier.

They took offence to the £5.5K costs claimed saying it was excessive, and if the claim had been defended in the small claims court, there would have been no award for costs and would bring this to the judge's attention. Obviously its OK for them to generate random figures and then take someone to court but not the other way round. They also threatened me with their costs if I didn't withdraw from the hearing.

So the judge sided with them, dissallowed most of my costs claim, reducing it to £770 and said whilst she could understand why I was aggrieved, it wasn't in her remit or timescale to do anything other than resolve the finances, as the hearing time had been reduced from 30 to 10 minutes.

I had prepared 3 identical folders of all the information we produced, but no one even asked what they were, let alone looked at them.

I had produced a response to EON's email which I intended to read out in the court, but they all seemed so disinterested in what had actually happened, I wasnt given the chance so I didnt bother.

I will use it as the basis for a strong formal complaint against them though.

Once again, thanks to everyone for your help.

[echat11]

Well done, that's a good result. Judges / Courts are 'below par',
unfortunately that's where they are at the moment.