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Legal matters

I don't understand!

4 replies

everybodywalkthedinosaur · 30/09/2012 10:53

I posted here a while back after finding that I had a CCJ on my credit file. I rang the company to find out why, as far as I was concerned I didn't owe any money. They said it related to a rented house for the period of July to December when I didn't live there. My ex and I had shared the house and when we broke up he'd opened a nee account in my name (I've queried this with the company and apparently it's legit to do so), I paid him money to cover the utilities so didn't think that I had anyone else to pay. This was nearly 4 years ago.

I spoke to the utility company and explained the situation. They said that they needed proof, such as a copy of the lease to prove that I wasn't there, and that with that proof they'd remove it. The rental agency have been awful. I've had to resort to doing a freedom of information request as they told me one day I could have it, then the next that I couldn't. I'm still waiting for them.

I received a letter from the utility company yesterday stating that they have sold the debt to a debt collection agency. How can they do this if there's a CCJ issued against me?

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Collaborate · 30/09/2012 14:52

The debt you owe to your creditor can be sold by them to a company that specialises in recovering the debt. they'll pay your creditor a % of the overall debt, then try and get 100% from you. It's all perfectly legal, and stops some companies going out of business with cashflow problems.

If you want to challenge the judgment you need to write to the court to apply to set it aside. You'd need to argue a bit more than the fact that you moved out of the property (re the rent).

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olgaga · 30/09/2012 22:08

With regard to providing proof, when you moved out didn't you contact the Local Authority to at least have your name removed from the property for Council Tax purposes, even if you didn't re-register at a new new address? If you write to them they should be able to provide confirmation of where you were (or at least weren't) living during the period in dispute.

Also, try the Consumer Credit Counselling Service. They are a charity, and apparently very good:

www.cccs.co.uk/

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prh47bridge · 01/10/2012 10:42

Regarding the rental agency, they don't have to respond to Freedom of Information requests. Private sector organisations generally are not covered by the FoI Act. They would, however, have to respond if you make a Data Protection Act subject access request, basically asking them for any information they hold regarding you.

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everybodywalkthedinosaur · 02/10/2012 20:36

I meant data protection, sorry Blush I've since telephoned the utility company and they'll accept council tax statements, the first person I spoke to was adamant that it had to be a copy of the lease/something from the letting agency. I've also spoken to the debt agency, explained the situation and they will also accept council tax statements. Just makes me feel sick.

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