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Im looking for some advice
this morning i received a letter telling me that a charging order has been made and because i dint attend court or reply to letters they are going to force me to sell my house
the debt is for 1200£.i would have about 20.000£ in equity after selling.
AS for as i can remeber I got 1 letter from the land registery telling me an order was going to be made nothing telling me that i was to go court for a hearing!
i am selling the house as i no longer work and cant afford the mortgage.
i look forward to some advice on how to stop them selling it for me!
many thanks in advance
I had the exact same thing happen. A letter arrived from the land registry with no prior warning. I'm now facing losing my home as Anglian Water have followed it up with an order of sale for which the costs alone are seven times the original debt. By the way, I paid the debt, but they are still going for an order of sale based on their legal costs. I'm thinking the best thing may be bankruptcy
I believe from some of their ex-employees that they target homes with no mortgage because it's more profitable.
So what happened Ted? I asked my MP for help, and although no help at all, Anglian Water sent me a large bill for their time dealing with my MP!
Thanks, having read that already, it's not been much help since Anglian Water are not restrained by the law, nor are they kept in check by any forum of regulation on how they treat their customers.
By the way, they don't force you to sell your house, they evict you from it and sell it themselves as they courts always seem to favour the big companies and somehow feel that they're more trustworthy to sell your home.
What I find really odd is that they do not have to give any warning that your home may be repossessed as with secured loans or mortgages.
nor are they kept in check by any forum of regulation on how they treat their customers.
have you spoken to Ofwat?
By the way, they don't force you to sell your house, they evict you from it and sell it themselves as they courts always seem to favour the big companies and somehow feel that they're more trustworthy to sell your home.
Did you receive notification of the original county court claim?
Did you receive notification of the charging order hearing?
Yes, and were informed that their responsibility is to the water companies and not their customers. They referred me to the Consumer Council for Water who advised me that they are powerless once court action has been taken and declined to become involved. They did however, ask Anglian Water to try and trace money I had paid and that they had lost.
Anglian Water sent me a bill for the time they spent replying to the Consumer Council for Water.
Did you receive notification of the original county court claim?
Did you receive notification of the charging order hearing?[/quote
No! But it's imossible to prove something wasn't received. The first I heard was from the Land Registry, but the courts refuse to believe that and insist that the loss of my home for a bill of only a few hundred pounds is "a situation of your own making"
Before you ask why I didn't just pay, I did, over and over but they both lost my money, and added extra charges and legal costs that amounted to several thousands faster that I could pay.
I have to add that I have not yet lost my home, but unless I can get the charging order shifted, it's only a matter of time. They've already pushed me to the brink of bankruptcy with extortionate extra charges and costs claims. My solicitor advised "You have to think of the maximum it's worth to you to keep your home, and not the original bill"
I have to add that I have not yet lost my home, but unless I can get the charging order shifted, it's only a matter of time. They've already pushed me to the brink of bankruptcy with extortionate extra charges and costs claims. My solicitor advised "You have to think of the maximum it's worth to you to keep your home, and not the original bill"
My world that is awful, I'm sorry to learn about all this. I'm glad I don't live in their catchment area.
im not an expert but from what you have written the following might help: write to anglian water asking them for a detailed break down of the charges they have applied to your account and also for a copy of the contract you signed when you signed up to them for their water services.
secondly, for anglian water to have made a charging order, they firstly needed to get a county court judgement against you. it looks like as you had no idea of this, the judgement has been entered against you by default. you need to find out which court issued the county court judgement and fill in form N244 asking them to set aside the judgement because you have not been able to defend youself against the claim made by anglian water and also add that you have an excellent chance of defending yourself against the claim and disputing the amount of the claim and that it is in the interest of justice and fairness that you be able to defend and dispute the claim they have made against you.
also if you did not receive the court summons or received it late, this would be a recognisable excuse and the court should set aside the judgement for the claim to be heard again.
in the mean time have a look at all the charges made against you by anglian water, and go through: http://www.oft.gov.uk/shared_oft/rep...rms/oft311.pdf by law anglian water can not charge you any unfair charges especially ones that are not in your contract terms and conditions and once you read the oft's guidance you will yourself realise which charges they have applied are unfair.
hopefully once your county court judgement has been set aside, which i think if happens will mean your charging order will also be set aside anglian water will have to make another claim against you. at this claim what you need to do is totally disagree with the amount they are claiming against you stating the unfair terms guidance from the office of fair trading. hopefully if you can argue a good defence then the judge will take your side.
hopefully this will reduce the money you have to give them, when you are replying to the claim make sure you will in form N9A. this tells the court your ability to pay, make it reasonable showing what you can afford to pay anglian water and the court should accept it. if the court accepts your payment proposals then just stick to the monthly payment and they will not be able to put a charging order against you.
please note i am not a legal expert or sure as to the accuracy of my advice and hopefully if someone has more knowledge on anything i have said they can clarify it further or point out any mistakes i have made.
I am not a legal expert Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
FAZA seems to have covered that pretty well. setting aside the original judgment will get rid of the CO and take u back to the beginning of the original claim. u need to have good reason for this however, just saying u didnt reply to the original claim will not be sufficient. the fact that u have only just found out about unlawful charges in the claim, along with these spurious missing payments that u have made, may be a better angle to cast doubt on the claim and show u have a reasonable chance at a defence. see if ur situation complies with CPR regarding set aside here 13.2-13.3:
charging order by anglian water
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Originally Posted by meursault22
