Discussion
Back in February 2020 we left our business premises and moved elsewhere. Around October last year we received a letter from a solicitors claiming we owed British Gas around £850. I looked into this and it appears they were claiming for the period in which we had already vacated the property.
I spoke to our original landlords who confirmed to the solicitor that this was the case. However, the solicitors are absolutely awful to deal with. They ignore letters, emails and simply follow their own procedures despite being presented with the information to prove we are not liable for these charges. It has reached the point now where they are threatening to take me to court. I feel like I have reached the end of the line with them and any communication is proving futile. I would be happy for them to take me to court where I can show the relevant evidence, but having never been faced with a situation like this before, I am unaware as to the procedure. I've read that a CCJ can be issued without even attending court which seems very conflicting to me. I was under the impression that a CCJ was only awarded if any terms set out by the court were breached. If they are able to dump this on me and damage the (currently impeccable) credit rating of my business the system seems heavily flawed.
Can anyone share their experiences or offer advice?
I spoke to our original landlords who confirmed to the solicitor that this was the case. However, the solicitors are absolutely awful to deal with. They ignore letters, emails and simply follow their own procedures despite being presented with the information to prove we are not liable for these charges. It has reached the point now where they are threatening to take me to court. I feel like I have reached the end of the line with them and any communication is proving futile. I would be happy for them to take me to court where I can show the relevant evidence, but having never been faced with a situation like this before, I am unaware as to the procedure. I've read that a CCJ can be issued without even attending court which seems very conflicting to me. I was under the impression that a CCJ was only awarded if any terms set out by the court were breached. If they are able to dump this on me and damage the (currently impeccable) credit rating of my business the system seems heavily flawed.
Can anyone share their experiences or offer advice?
They have to follow a procedure that includes sending letters to you, so make sure you can evidence that they have the correct address.
The court will then write to you and you can lodge your defence online. You will then be given a date for the hearing.
Even if you lose you then have 30 days to pay and the CCJ won't be registered against your company, but you will have court fees to pay as well.
The court will then write to you and you can lodge your defence online. You will then be given a date for the hearing.
Even if you lose you then have 30 days to pay and the CCJ won't be registered against your company, but you will have court fees to pay as well.
TownIdiot said:
They have to follow a procedure that includes sending letters to you, so make sure you can evidence that they have the correct address.
The court will then write to you and you can lodge your defence online. You will then be given a date for the hearing.
Even if you lose you then have 30 days to pay and the CCJ won't be registered against your company, but you will have court fees to pay as well.
Ah that's reassuring thank you. Half of me was tempted to pay it just so it went away but presumably this particular solicitors prey on people operating in this way to run their business.The court will then write to you and you can lodge your defence online. You will then be given a date for the hearing.
Even if you lose you then have 30 days to pay and the CCJ won't be registered against your company, but you will have court fees to pay as well.
8IKERDAVE said:
Back in February 2020 we left our business premises and moved elsewhere. Around October last year we received a letter from a solicitors claiming we owed British Gas around £850. I looked into this and it appears they were claiming for the period in which we had already vacated the property.
I spoke to our original landlords who confirmed to the solicitor that this was the case. However, the solicitors are absolutely awful to deal with. They ignore letters, emails and simply follow their own procedures despite being presented with the information to prove we are not liable for these charges. It has reached the point now where they are threatening to take me to court. I feel like I have reached the end of the line with them and any communication is proving futile. I would be happy for them to take me to court where I can show the relevant evidence, but having never been faced with a situation like this before, I am unaware as to the procedure. I've read that a CCJ can be issued without even attending court which seems very conflicting to me. I was under the impression that a CCJ was only awarded if any terms set out by the court were breached. If they are able to dump this on me and damage the (currently impeccable) credit rating of my business the system seems heavily flawed.
Can anyone share their experiences or offer advice?
It's unlikely that British Gas would take you to court for £850 anyway. If you've engaged with them and told them it's disputed, I think it's improbable they will pursue it. I spoke to our original landlords who confirmed to the solicitor that this was the case. However, the solicitors are absolutely awful to deal with. They ignore letters, emails and simply follow their own procedures despite being presented with the information to prove we are not liable for these charges. It has reached the point now where they are threatening to take me to court. I feel like I have reached the end of the line with them and any communication is proving futile. I would be happy for them to take me to court where I can show the relevant evidence, but having never been faced with a situation like this before, I am unaware as to the procedure. I've read that a CCJ can be issued without even attending court which seems very conflicting to me. I was under the impression that a CCJ was only awarded if any terms set out by the court were breached. If they are able to dump this on me and damage the (currently impeccable) credit rating of my business the system seems heavily flawed.
Can anyone share their experiences or offer advice?
I've had it with British Gas a number of times, for sums fair greater than that. They haven't pursued it.
In my experience, energy companies are quite shy about court action. I suspect because they know they are crap and that they will spend a lot of court fees on losing cases. They tend to prefer threats.
8IKERDAVE said:
Back in February 2020 we left our business premises and moved elsewhere. Around October last year we received a letter from a solicitors claiming we owed British Gas around £850. I looked into this and it appears they were claiming for the period in which we had already vacated the property.
I spoke to our original landlords who confirmed to the solicitor that this was the case. However, the solicitors are absolutely awful to deal with. They ignore letters, emails and simply follow their own procedures despite being presented with the information to prove we are not liable for these charges. It has reached the point now where they are threatening to take me to court. I feel like I have reached the end of the line with them and any communication is proving futile. I would be happy for them to take me to court where I can show the relevant evidence, but having never been faced with a situation like this before, I am unaware as to the procedure. I've read that a CCJ can be issued without even attending court which seems very conflicting to me. I was under the impression that a CCJ was only awarded if any terms set out by the court were breached. If they are able to dump this on me and damage the (currently impeccable) credit rating of my business the system seems heavily flawed.
Can anyone share their experiences or offer advice?
We have similar situations often arise with tenants where they will try and avoid utility bills. Even had one claim to have moved out and ask the provider to put our company back on the account. Paper bills still went to the property so was unaware until they eventually left a year or so later, with a bill for about £4k landing shortly thereafter.I spoke to our original landlords who confirmed to the solicitor that this was the case. However, the solicitors are absolutely awful to deal with. They ignore letters, emails and simply follow their own procedures despite being presented with the information to prove we are not liable for these charges. It has reached the point now where they are threatening to take me to court. I feel like I have reached the end of the line with them and any communication is proving futile. I would be happy for them to take me to court where I can show the relevant evidence, but having never been faced with a situation like this before, I am unaware as to the procedure. I've read that a CCJ can be issued without even attending court which seems very conflicting to me. I was under the impression that a CCJ was only awarded if any terms set out by the court were breached. If they are able to dump this on me and damage the (currently impeccable) credit rating of my business the system seems heavily flawed.
Can anyone share their experiences or offer advice?
Write *directly* to the utilities provider, in your case BG, making it clear that you are not liable. Provide them with clear evidence of your tenancy ending and of another party becoming liable. Clearly request that they de-instruct their solicitors or, if they believe the debt is yours, provide evidence in support (remind them that if the matter proceeds to court the onus will be on them to demonstrate, to the court's satisfaction, that the debt is indeed yours).
We have only had a couple that have taken more than 2-3 emails to dispose of that way.
Of course it might be a bit trickier if you didn't advise them when you left and/or don't have meter readings from that time.
LooneyTunes said:
We have similar situations often arise with tenants where they will try and avoid utility bills. Even had one claim to have moved out and ask the provider to put our company back on the account. Paper bills still went to the property so was unaware until they eventually left a year or so later, with a bill for about £4k landing shortly thereafter.
Write *directly* to the utilities provider, in your case BG, making it clear that you are not liable. Provide them with clear evidence of your tenancy ending and of another party becoming liable. Clearly request that they de-instruct their solicitors or, if they believe the debt is yours, provide evidence in support (remind them that if the matter proceeds to court the onus will be on them to demonstrate, to the court's satisfaction, that the debt is indeed yours).
We have only had a couple that have taken more than 2-3 emails to dispose of that way.
Of course it might be a bit trickier if you didn't advise them when you left and/or don't have meter readings from that time.
Thank you. I'm 90% sure I contacted them to advise we were leaving, but as this was so long ago I can't actually remember. What I do recall is sitting down with a list of suppliers and going through them all one by one so it would be odd to miss out the utility provider. I suspect there has been some sort of admin error along the way and this rather shady solicitors have bought the 'debt'. Upon reading reviews of said solicitor it appears many other people have had a similar experience. As recommended above I will contact BG directly now in an attempt to cut these guys out.Write *directly* to the utilities provider, in your case BG, making it clear that you are not liable. Provide them with clear evidence of your tenancy ending and of another party becoming liable. Clearly request that they de-instruct their solicitors or, if they believe the debt is yours, provide evidence in support (remind them that if the matter proceeds to court the onus will be on them to demonstrate, to the court's satisfaction, that the debt is indeed yours).
We have only had a couple that have taken more than 2-3 emails to dispose of that way.
Of course it might be a bit trickier if you didn't advise them when you left and/or don't have meter readings from that time.
We've had the same, EON chasing us at work for an unsettled debt..It took about 4 or 5 years to settle it, we kept getting letters in telling us there was 16K outstanding on a unit and as we were the owners, we were liable for it. No matter how many times we spoke to EON or their debt collectors to explain it was nothing to do with us and how many times they said its been sorted we would get a new escalated letter 6 months later culminating in a threat of going to court.
Turns out land registry had two entries for our neighbours address we were listed as one of the owners and as our entry was higher up the list they took that as being correct, didnt matter that the title was different.
They actually asked for proof that we DIDN'T own the unit, I asked them to really think about that request.
Turns out land registry had two entries for our neighbours address we were listed as one of the owners and as our entry was higher up the list they took that as being correct, didnt matter that the title was different.
They actually asked for proof that we DIDN'T own the unit, I asked them to really think about that request.
If you have all the facts to support your case, if you've presented it to the solicitor but they're not reading it, I would keep a record of everything and see what happens. Chances are it's sabre-rattling. But if they proceed to court:
1) You receive a court summons in the post
2) You have the chance to file a defence and a counter-claim
3) If you file a defence, which obviously you will, the case proceeds to court
4) You receive a letter with a date for court
5) You have the opportunity to have the case moved to your local court. Take it.
6) On the day, the Claimant may not turn up. If so you present your evidence, win by default and that's the end of it.
7) If the Claimant turns up, each party presents their evidence (which the judge will already have), questions are asked back and forth and the judge decides who's right.
You can only get a CCJ without attending court if you don't turn up.
I think it's unlikely that they will proceed, and if they do, I think it unlikely they'll attend the hearing. So at present you have all the cards.
1) You receive a court summons in the post
2) You have the chance to file a defence and a counter-claim
3) If you file a defence, which obviously you will, the case proceeds to court
4) You receive a letter with a date for court
5) You have the opportunity to have the case moved to your local court. Take it.
6) On the day, the Claimant may not turn up. If so you present your evidence, win by default and that's the end of it.
7) If the Claimant turns up, each party presents their evidence (which the judge will already have), questions are asked back and forth and the judge decides who's right.
You can only get a CCJ without attending court if you don't turn up.
I think it's unlikely that they will proceed, and if they do, I think it unlikely they'll attend the hearing. So at present you have all the cards.
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