Letter Before Claim AJJB Law

[Wotsit123]

I have had a text message from AJJB Law on behalf of Bristol Energy who I think have now been taken over? The text is saying they are sending a letter before claim. Thing is, I dont live at the address the debt is relating to so I wouldnt receive any letter they send. The address it is relating to is an ex partners address, who I stupidly signed up to paying the gas bills in my name. However, on my credit file with experian etc, I have no links to that address at all and never had anything of my financials registered at that address. Everything is in my current address which I lived at before my ex partners and now as ive moved back and never changed anything in the interim period. I dont believe they have my current address. The only details I think they have are my mobile number, full name, possibly email address, and my ex partners address. I am unsure if they will have my DOB I cant remember.

I havent logged in to their website as it asks for various details, and i may be giving them information they dont currently have. What should i do should i acknowedge thia debt or ignore it? If i ignore it is there a chance they could iasue a CCJ anyway even though im a different address and then make me have to dispute it to get it removed?

[Joanna Connolly Solicitors]

This may seem like two obvious questions, but is the account still in your name?

And does your ex-partner still live at that address?

Di

[Wotsit123]

No, the account was closed around 2 years ago. We both dont live there anymore, it was a rented property. I moved back to my parents and he moved on elsewhere.

[Joanna Connolly Solicitors]

No, the account was closed around 2 years ago. We both dont live there anymore, it was a rented property. I moved back to my parents and he moved on elsewhere.

How was the account closed and who closed it - I’m guessing it was you since you say you “stupidly signed up to pay” the bills, but I thought I should check.

Another few more questions (sorry but it helps to know all the facts before making suggestions), how was the account opened in case there may have been a mis-selling issue which happened a lot with utilities?

How did you agree to pay the bill, such as by direct debit or quarterly billing which you were expected to pay over the phone or by cheque etc? Did you pay any bills while you were living there or at all?

Did you see any bills to know if they were based on meter readings or estimated? Did you provide any meter readings or remember a meter reader calling at the property for access, or was the meter outside so no access was required. This is important to assess whether the Back Billing Code could be relevant.

Does the text give you a clue as to the amount they believe is outstanding?

Di

[Wotsit123]

It was closed via switching to another provider via u-switch which i did on their website. It was also opened via u-switch where i switched from another provider previously. I think it was quarterly billing and it was never paid as i got the bill and it was huge and couldnt pay it, so i just switched to another provider. The meter was outside, but i never provided readings, and i think it was estimated if i remember rightly because i think thats why it was so much. The text says its around £620.

[Joanna Connolly Solicitors]

From what you say you may have owed them something (since you didn’t pay them anything) but not necessarily £620.

If you ignore the text they may send a ‘Letter of Claim’ to the old address which gives 30 days’ notice of their intention to issue a court claim.

If they issue a claim and you don’t receive or respond to it because you don’t live there, then you will get Default Judgment CCJ).

You say you’re not linked to that address on your CRA file so the CCJ won’t show. However if they eventually trace you they might seek to enforce the CCJ with bailiffs or an Attachment of Earnings if you are employed.

If the claim is served on an address where you don’t live you can make an Application to the court to have it Set Aside but this will include court fees etc unless you’re entitled to fee remission.

Once the CCJ is set aside you would have no CCJ but you would still have to defend the original claim against you.

If you file a Defence you should be offered free telephone Mediation by the court where you can settle without getting a CCJ although the agreement is legally binding. The Claimant would have to be willing to co-operate too.

I can’t really tell you what to do, but I have read their reviews on Trustpilot and it seems you are not alone in having billing issues with them.

Your choice seems to be either ignore them and possibly get a CCJ which you may be able to contest, or challenge the debt before it gets that far.

So far all you have received is a text message.

Di

[Wotsit123]

Thank you. When you say challenging the debt how would I go about that? See if I log in to their portal or call them they are going to ask for my current address which I dont really want to give them, but if I am challenging to say I dont acknowledge the debt as it is not my address, could i be potentially making it worse for myself by giving them my new address because then they could link to my credit file?

The worry I have is that my job is in finance and I wouldnt be able to do my job if I had a CCJ, so theres more riding on this than just £620. But then again I really dont have the funds to pay it at the moment. Lets say worst case scenario they issued a CCJ and somehow it got linked to my credit file at my current address, although unlikely, is it true that if you pay the CCJ within a month that it disappears off your credit file? As what im thinking is to risk it and if this did happen i could pay it on a credit card but this is a last resort as im already in enough credit card debt.

[The Tech Clerk]

before a CCJ you could only if things were going wrong (advice on here before) get a Tomlin Order agreed with them means a figure repayment agreed & as long as you keep to it then no CCJ> Read threads get to know court procedures and then you may get confidence instead of the streesful situation ( we have all been ther but learnt)

[Wotsit123]

Sorry I dont quite understand your message. How would I know if things were going wrong before the CCJ, I wouldnt as im not receiving letters.

Could you explain in more detail and specifically to my circumstance? The last message seems a little generalised and dont undeestand how ro relate to my partcular situation, thanks

[The Tech Clerk]

In the event that a CCJ was imminent, there is a procedure which can be subject to both parties called an agreed Tomlin Order, which basically means an agreed figure of repayment has been done, therefore as long as the agreement and payments up to date no CCJ is given. just approval! sorry if you think generalised but this is a way out if a CCJ is imminent?

A Tomlin order is a court order in the English civil justice system under which a court action is stayed, on terms which have been agreed in advance between the parties and which are included in a schedule to the order. As such, it is a form of consent order.

[Wotsit123]

Thankyou, but the thing is I wouldnt know if a CCJ was imminent as im not receiving letters.

If you could answers my questions around, if I call them and give my new address could this be a bad move?

And what happens if you do get a ccj, if you pay it within a month is it completely wiped off your credit file with no trace?

[The Tech Clerk]

if it was suggested that rather than chance a court day you rather (as in your case i.e job) then if you could not pay it then it is the alternative way to ensure no CCJ, all depends be honest are you willing to fight in hope of winning or pay up in whole some how ( i could pay it on a credit card but this is a last resort as im already in enough credit card debt.) (credit card etc etc your comment quoted? ) or an agreement between you and them a Tomlin Order??? your choice! sure other will comment also on here

[Wotsit123]

Thank you but you still havent answered my questions. I dont mean to sound ungrateful as I know you are trying to help but I dont really think this tomlin order would help in my case. There is a technicality around my address so I am not getting any correspondence to know what is going on and dont know how I would do a tomlin order when I dont want to give my new address. And may not even have to.

Is Diane who was replying to me previously still there? She seemed to understand the situation a bit better

[Joanna Connolly Solicitors]

The text is saying they are sending a letter before claim. Thing is, I dont live at the address the debt is relating to so I wouldnt receive any letter they send.

. . . I dont believe they have my current address. The only details I think they have are my mobile number, full name, possibly email address

You may think they don't have your current address but you can't be certain.

You'll only know that if/when the Letter of Claim arrives.

Di

[Wotsit123]

Thankyou, and yes exactly, although what im thinking is that if they had my current address surely they would be sending letters here.

If I ignore it presuming they are just going to register it at the old address which in a credit file world I dont exist at, lets say it did end up showing on my credit file for some reason, am i right in thinking that if i pay it in full within 30 days of the CCJ then it would be wiped off my credit file anyway and wouldnt show anywhere?