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Longhurst Group Limited (202306644)

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REPORT

COMPLAINT 202306644

Longhurst Group Limited

11 June 2024


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this.

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. The complaint is about the landlord’s handling of the resident’s former rent account.

 

Determination (jurisdictional decision)

  1. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.

 

  1. After carefully considering all the evidence, it has been determined that the     complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident held a tenancy with the landlord. In December 2020, the resident gave the landlord notice that he wished to end his tenancy. The landlord accepted the resident’s notice. In January 2021, the tenancy was ended.

 

  1. During 2021, the landlord wrote to the resident at his new address to inform him of a former tenant arrear and request he pay the money owed. In November 2021, the resident contacted the landlord on several occasions to discuss the matter. He said he was either not able to get through or did not receive a call back.

 

  1. In April 2022, the landlord issued a money claim in the County Court. In August 2022, the County Court issued the claim form and defence form to the resident. In response to this, the resident contacted the landlord seeking to make a payment arrangement. The landlord declined to enter into an arrangement on the grounds that the claim had been issued and a decision from the County Court was pending. The resident submitted his response to the money claim on-line. In September 2022, the court registered a County Court Judgement (CCJ) against the resident for the money owed and ordered a payment plan.

 

Reasons

  1. Paragraph 41(c) of the Housing Ombudsman Scheme states the Ombudsman cannot consider complaints that concern matters that are the subject of court proceedings or were the subject of court proceedings where judgement on the merits was given.

 

  1. This Service has considered the details of the resident’s complaint. In this case the resident believes the CCJ could have been avoided. As the court considered the matter the resident had the opportunity to raise the issues and his concerns as part of the legal proceedings. The court decided to issue the CCJ and The Ombudsman cannot make a determination on matters which have already been decided by the court.

 

  1. The Ombudsman understands this is likely to be a disappointing outcome for the resident. If the resident requires further assistance, they may wish to contact National Debt Helpline on 0808 808 400.

Debt advice | Free debt advice | National Debtline

Fact Sheet – varying a CCJ | Stop enforcement | National Debtline | National Debtline

Fact Sheet – Credit reference agencies | Finding out your credit score | National Debtline