CCJ by Yorkshire Water

[manny-rugby]

After signing up to Experian my other half found out he had a CCJ logged by Yorkshire Water which he had absolutely no idea about! He owed about £126 when he moved out (well at least that is the amount logged on Exp) in Mar 2003. No mail was forwarded on to our new address and he remained on good terms with his landlord of the house. He thinks he notified YW of the new address since he did to all the other services he had been using. An advice note suddenly appered on 30/07/04 saying he had overpaid by £17. Then a bill saying he owed £150 , all of which was re-credited because these were periods after he'd left. He now owed £5 which we settled immediately. So it seems the debt was registered when he didn't actually owe anything, or at least £5 at most.

Anyway, he knew nothing of the CCJ since he got no letter. Does this mean it's not legally standing?

I'm just writing a Data Protection Act letter asking for all correspondence, phonecalls, the letter we never got. We have a form from the courts saying we can claim try to get it removed out of court since it was never actually heard in court, but this will cost us £60.

Anyone got any advice that we're doing the right thing or anything else we neeed to do.

Cheers.


PLEASE PLEASE HELP. 26 people have read this but no replies! Someone must have had a similar experience?? We just rang YW up and they've said they can't access the account and we have to wait for them to send info to us. It's been over 40 days. What next???

[manny-rugby]

somebody help please!!!!!

[JonCris]

You must be seen to give Yorkshire Water an opportunity to put matters right.

My advice is to write to a senior member of their staff setting out the full story together with any supporting copy correspondence. Also if it can be confirmed that they knew of the address change but still sent the default notice to the old one then the this will also help facilitate the removal of the default either by them or if not as ordered by the court

You will have to seek the courts consent to remove the CCJ by having the original finding set aside & if you can get the agreement of the other side that will make it a lot easier.

[manny-rugby]

ok, we'll give them chance. How long do you think before we write another letter? The problem is that without all the correspondence we can't give the full account. We didn't keep, or even have, all the previous bills and letters etc as we never realised there was a problem.... the only letter recieved was over 2 years after the property was vacated!

From the bits we do have all we can see is that they asked for money outstanding, which we paid, then sent a lketter back saying we'd then paid too much. Then a bill which seemed to outline the cahrges were for after the property was vacated by him.....so the only money ever owed really was around £5.

I sent the letter for info with Data Protection Act.....are they not legally obligiged to send us the info we requested within the 40 days???

[JonCris]

The Data Protection Act S.A.R - (Subject Access Request) has to be complied with within 40 days of receipt.

You may not have all of the corre but what you indicate you do have seems to show that they got their nickers in twist. Send copies of what you do have with your S.A.R - (Subject Access Request) pointing out that you don't need further copies of those particular items.

[manny-rugby]

ok. will do that then to start.

cheers.

[manny-rugby]

Well we went to court. It was easy! After the judge had read it he said the judgement should be set aside but also that he was going to reverse the original clai as they should never have done it.
Now it's just sitting and waiting for them to remove it from Experian report. I guess we don't get any court fees back?