Charged a whole year supply for old address almost 2 years after I moved out

​@Nukecad Yes, I see what you mean, I can see this could happen, but I can't imagine what they have to suspect I was still living there as even the Council confirmed I moved out and I have very good evidence someone else moved in, also it would be of no benefit to let out a house I'd still be liable for rent, it would be in one hand and straight out the other the landlord.

I also showed OVO I'm a single parent on benefits working part time on living wage, as we know it's hard enough to afford one rental property, for these reasons I feel OVO have completely got it wrong on this occasion.

​@Nukecad Sorry, regarding other post, I didn't explain fully there, I meant the case is set-side (stayed) pending my application at hearing, should I lose, then the judgement will be set back on me.

‘Stayed’ is not ‘set-aside’ they have different meanings.
The first is a pause, the second is a dismissal.

Using incorrect legal terms like that is likely to end badly.

Have you got a lawyer?

​@Nukecad  I have mentioned in this thread what I have tried prior to court action by OVO, I have not been to court as I didn't know until I found a CCJ on my credit file. What I was referencing to was to set- aside proceedings until I attend court to put in my defence.

One last try to clarify the actual position here:

Are you now saying that a CCJ against you has already been granted by a court?

Are you saying that what is happening here is that you are trying to have an existing, already granted, CCJ set-aside.
Or
Are you saying that an existing, already granted, CCJ has already been set-aside and you are waiting for the original case to be heard again?

If/when a CCJ is ‘set-aside’ then that isn’t a new judgement in itself.

Set-aside simply means that the process leading to that original judgement may have been legally unsound. (eg if you hadn’t been given a chance to make a defence that could be an unsound process).
Set-aside means that the original case has to be heard over again, and a new judgement arived at.

​@Nukecad Thank you. I completely misunderstood the whole process and haven't explained we'll at all in here and Apollogies for this. I'll put in order of what's happened. The CCJ was entered as I lost by default, so I applied using the n244 form to ask for the order to be set aside, I waited around 4 weeks for a response, but didn't hear back so call the national business centre who made the order, but was told I would have to apply the n244 form again to my local court as a Writ of control had been issued and had to ask for a stay and set aside, I went to court yesterday, OVO didn't show up, the judge said immediately that he was setting the order aside, and he mentioned my evidence is favourable, but I far as I understand from what the judge said, it isn't cancelled but reset to the beginning of the claim, my understanding now is I have to show my defence to OVO and the original court to see if I can have the order cancelled.

That is progress, but you are now at a critical stage. We strongly recommend you seek legal advice at this point - you’ll need it if you want to get the best possible chance of sorting this out.

​@Steve107 no great problem, it was just getting confusing from what you were saying at first.

So the original CCJ has now been Set aside, that’s a good start.
(“Stayed” means that any and all enforcement action of the original CCJ has been stopped, so if you do get a letter asking you to pay it you just tell them that it has been set aside).

That doesn’t mean that the whole matter is cancelled though.

Your understanding is correct and the case now has to be reheard from the start - but this time you will get a chance to mount a defence.

See: https://nationaldebtline.org/get-information/guides/setting-aside-a-ccj-ew/

If the judgment is set aside by the court, this means that the proceedings go back to the claim stage and any enforcement action is also cancelled. You have a new opportunity to fill in the reply to the claim form, make an offer of payment or put in any defence or counterclaim.

Having a judgment set aside does not wipe out the proceedings altogether, but the details will be removed from the Register of Judgments, Orders and Fines until a new judgment is made.

Whilst the judge who granted the set aside did say that your evidence looks favourable to him/her it is not likely to be him/her who rehears your case, so you can only take what he said as an informed opinion.

As with anything involving a court hearing it is wise to get proper legal advice about how best to present your defence to the court.

Good luck for the new hearing.

​@Nukecad Great advice thanks, I've confused myself too 🙃 I will seek at least legal advice in the future.

I’m so sorry to hear this ​@Steve107. It sounds like a very stressful situation. This isn’t my area of expertise & has gone further than customer support. 

I really hope this gets resolved for you. It sounds like you have sufficient evidence to show you don’t owe this money. 

Please keep us posted with how you get on.