Eon ccj based on incorrect billing

[moatmeister]

Hi All

I have a property that still is, and has been empty for a number of years pending a full renovation. Due to a complicated situation Eon have issued a ccj for £3400 for electricity used , based entirely on estimated biils and clsim the account to date stands at £5400. I want to apply for this to be set aside on the basis it is for an incorrect amount. No electricity at all has been used since at least June 2021 when the account was brought up to date to the tune of about £400. and they were informed that the house was empty. In the meantime Eon was rebranded to become Eonnext and my existing online account needed to be manually migrated to the new company which i didnt realise at the time but has now been done. They are flatly refusing to cooperate about removing the ccj because they say they are entitled to use estimated bills amounting to around £1800 per year. How should I deal with this? I am happy to pay for any correct outstanding bills. I understand they want to secure payment for what they see as their "debt" but surely a CCJ issued for a provable incorrect bill should not be allowed to stand?

Should i apply for this to be set aside and if so should I select to have a hearing, no hearing (which they are not agreeing to) or a telephone hearing?

[echat11]

Don't speak to EON NEXT over the phone.

The first thing to do is send them a Subject Access Request, they will provide all the data on the account for at least the last 6 years. They have 30 days to respond.

https://legalbeagles.info/library/gu...ccess-request/

'they say they are entitled to use estimated bills amounting to around £1800 per year' that might be the case (check their T's and C's), but if you raise a dispute, then they should look into the dispute, then revise the amount owed on actual readings, rather then their 'fantasy' billing.

Work out what is owed, from the last actual reading against actual current reading, take screenshots. Make your case, you can apply for a set a side (don't delay), if you can get consent from EON Next it's £108, if not it's £285.

If you have the correct facts, a telephone hearing should be fine.

Also, you should be compensated by EON Next if they haven't looked into your dispute as you aren't saying 'I'm not paying', you are saying 'I want to pay the right' amount.

The CCJ has effected your credit rating as it's been put their incorrectly.

https://www.eonenergy.com/contact/complaints.html

[moatmeister]

Great thanks. Yes im on it. Was just particularly after the facts about the hearing thing. But am i correct in thinking the ccj should be eventuually recinded if its based on an incorrect amount or is it more complicated than that? I have until 11th (monday)to pay it within the month to make it go away, and im confident they would then have to refund most if not all of it but I cant really afford to.

[echat11]

Great thanks. Yes im on it. Was just particularly after the facts about the hearing thing. But am i correct in thinking the ccj should be eventuually recinded if its based on an incorrect amount or is it more complicated than that? I have until 11th (monday)to pay it within the month to make it go away, and im confident they would then have to refund most if not all of it but I cant really afford to.

a) Was just particularly after the facts about the hearing thing. But am i correct in thinking the ccj should be eventuually recinded if its based on an incorrect amount or is it more complicated than that?

I wouldn't pay the alledged money they say you owe.

If you are paying it, then you aren't disputing it, you are less likely to get the set a side.

You ask for consent to the set a side, they say 'yes or no', you proceed, send the Court form and fee, follow Court's instructions, Witness Statement, Hearing etc. If you win your case and Judgement is made in your favour, then yes CCJ is removed.

b) I have until 11th (monday)to pay it within the month to make it go away, and im confident they would then have to refund most if not all of it but I cant really afford to

As above, if you pay things become much more difficult, the amount owed is either right or wrong, by paying you are saying 'it's right'.

https://legalbeagles.info/library/ho...-judgment-ccj/

[moatmeister]

Great thanks!

[echat11]

Great thanks!

Update the thread as things unfold. As it stands they are refusing consent. So hit them with the facts, see if they budge, if they don't, you pay the full fee, but you can claim that back if you win, you can show that you hit them with facts, yet they would not give consent.

Any letters you send get Proof of Postage.

[moatmeister]

Hi echat11 I have submitted SAR request, I cant get the correct meter readings until the weekend, should I wait for those or apply for the set aside no, perhaps saying they are "to follow"??? Cheers!

[echat11]

Hi echat11 I have submitted SAR request, I cant get the correct meter readings until the weekend, should I wait for those or apply for the set aside no, perhaps saying they are "to follow"??? Cheers!

Providing you don't have to pay any fees to amend the N244, just check with the Court. I think what you suggest should be fine, be specific, be very clear in what you are asking the Court to consider and that 'the correct meter readings to follow'.