Northumbria Water bill - CCJ after part exchange of house Please Help

**327521609** · 21st July 2007 10:26

Hello everyone I am new here! It looks a great site and I think it might help me with my problems. I owned a house and decided to sell it to Bryant homes as a part exchange. The part exchange completed late February 2006. Everything has been fine until today when I received a letter from Mackenzie Hall who is a debt collection agency. The letter was a final notice and it said Pursuers: Northumbrian Water for at total of £239.40. I immediately called them and they advised me that it was for an unpaid account dated December 05 to November 06. The unpaid account was after I sold the property to Bryant homes but because Bryant homes did not notify them that they were the new Account holder I was Liable for the charges as.
I forgot to shut the account down as the completion was meant to be December 2005 so I paid up till then but due to weather completion was not till the end of February 2006 so I did forget to pay the 2 months. I have been issued with a CCJ which I did not receive any notice or final notice from Northumbria water to my new address, I understand I did not pass this information onto Northumbrian water but the debt collectors icon

have found me no bother. Bryant homes admit that they are partly to blame and will pay the £239.40.
How do I stand with the CCJ as I feel that I should have at least had some kind of notice to attend court or pay the bill?

Please Help
Cheers
Tom

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**Parkvale** · 21st July 2007 14:13

327521609,
If you have a genuine reason to disagree with a CCJ you can ask the court not to apply it straight away ('set it aside'). You may have to pay a fee for this. If you don't have a genuine reason, your application could be treated as wasting court time or even perjury - serious offences that can incur fines and prison sentences.
If the judgment is set aside, things go back to the start of the claim. You have another chance to reply to the Claim Form, and explain your situation. The CCJ is taken off the county court icon

Register until a new judgment is made. The rules for setting aside a judgement are:

(a) you may not have received the original claim form;
(b) you may have moved house and not had post from your previous address;
(c) an order was made against you in your absence in certain circumstances;
(d) there may be an error in the judgment;
(e) you want to put in a defence and did not have the opportunity to do this.
(f) the proceedings did not follow the court rules.

**327521609** · 22nd July 2007 10:09

Thankyou for your reply. Mackenzie Hall say that the CCJ is on my file now, So can they 'set it aside' still? If I had known about the bill I could have had chance to solve the problem but due to moving I did not receive any post. Do I have to fill in a form from my local court as the following are true.

a) you may not have received the original claim form;
b) you may have moved house and not had post from your previous address;
e) you want to put in a defence and did not have the opportunity to do this.

Thanks

Tom

**Parkvale** · 22nd July 2007 10:46

Ring your local county court icon

and they will advise you of the exact form you need to contest the CCJ. Good luck.

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