Thanks Supasnooper! I Am Really Happy And I Am Celebrating With A G&t, Hope People Come And Read My Thread Because I Really Could Not Have Got This Result Without This Consumer Forum.

Hello, After having the form returned to me several times for various reasons, I did attend court today. WELL................. THE CCJ HAS BEEN SETASIDE:) UNEXPECTEDLY WITH THE HELP OF SOUTHWEST WATER!!! THEY STATED THAT DUE TO ME ACKNOWLEDGING THE DEBT AS SOON AS I DID AND PAYING IN FULL THAT THEY HAD NO DISPUTE WITH ME AND WERE HAPPY FOR THE CCJ TO BE SETASIDE. THE JUDGE STATED THAT HE FELT THAT SOUTHWEST WATER HAD COME TO A SENSIBLE DECISION. I ACTUALLY ON SAID THANKYOU TO THE JUDGE AND SOUTHWEST WATER. IT WAS OVER IN 5 MINUTES. THANK YOU SO MUCH AVATARI AND SHADOW AS SOUTHWEST WATER COMPLIMENTED ME ON THE ARGUMENT AND THOUGHT I HAD A GOOD KNOWLEDGE OF THIS (BUT I DIDN'T) HAHAHAHAHAHAHAHAHAHAHA HOWEVER, THE ARGUMENT WAS IMPRESSIVE AND THEY WERE WORRIED OF FURTHER CONSEQUENSES. THANKS AGAIN BECAUSE I CAN NOW MOVE FORWARD WITH A CLEAN CREDIT FILE, ESPECIALLY IN THIS RECESSION. THANKS THANKS THANKS THANKS:)

Hi I did not get emailed this post! Just wanted to tell you that I have posted the claim off with the £75, FINGERS CROSSED. I enclosed my tenancy agreements for evidence and a tax credit letter. Will update as soon as I know

Hi, really sorry I have not kept you updated. I've been on holiday in Nov 09, than Christmas ect. I have not sent all the information off to the courts as yet for one reason, I am abosolutely skint!! and have been out of work. Hence, can't afford the £60 to add to the application. I am hoping my situation will change finacially in the next two weeks, so I will send off the claim. I DO APPRECIATE ALL THE HELP AND SUPPORT YOU HAVE GIVEN ME I will keep you updated

Hi, the welcome letter is addressed to me on 4/04/07, no mention of previous address. Included in the information that SWW sent me was two letters to the occupier (but I have no memory of these letters) This is what I am disputing. I have never seen the original claim form, I don't even know what period the charges are for. What I do know is that it was a low amount £96.00 but the debt on the credit file show £342. Be honest, do you think I have a case?

Really sorry again to ask you this, I just want to get this right as I don't want to make a fool of myself. If I enclose my letters to SSW do I have to enclose their response too??? This is the evidence I have so far: All the south west water bills with my current address (which south west water sent) from December 06 - present. Satifaction letter from Northampton court which shows judgemet was on 31/10/07 P45 in March 2007 with my address Tenancy agreement from December 06 Tax credit letter dated 17 July 2007 Is this enough??

Hi Shadow, According to SWW enclosed a letter welcoming me to my new home on 04/04/07 (which I can't remember!!!) However on my letter from Northhampton court, the certificate of satisfaction dated 08/10/08, its states: date of judgement: 31 October 2007 Is this good evidence???? sorry to keep bugging you

Thanks for you help. Shadow, the letters I have written to SWW, can I submit them as evidence with the application?

Shadow, thanks for your help. So I need to make 3 copies and send or could I hand into court becaouse I live near? What is a statement of truth? have you one I could use? Thanks

Hi Supersnoop, I did it on note book, thanks. PLease let me have your responses soon so I can complete the set aside and get in the post. How long does it take for a response from the court???

I wish to apply for a set-aside of a County Court Judgment on the grounds: 1. That I was unaware of any such judgment until after it was awarded as I did not receive 21 days’ notice from the court by way of summons due to the fact that I was not living at the address the summons was sent to my previous address at the time of the summons being issued. Had I been aware I would have defended or settled any outstanding debts. 2. I did not receive notice of 28 days that payment was due on the alleged debt and I was not informed by any party. 3. That the alleged debt relates to a period when I was not living in the property, nor owned nor was in any way connected to the property. I was consistently paying my water rates at my new address 4. That the claim is a result of a clerical error on the part of South West Water. I contend that the alleged debt is the result of a clerical error on behalf of South West Water, who failed to close the account at my old address at the time when I informed them of a change of address, which was 11/12/2006 and thus continued charging me for a property which I neither owned nor resided in (and indeed was from that date in no way connected to me). South West Water continued to send me bills for my new property only at the new address given, which I have been paying promptly and in full belief that they had correctly changed my address as requested, instead of incorrectly charging me for two properties. Therefore the alleged debt does not exist as I was not legally responsible for the property or water bills relating to it during the period this claim relates to. I trust that the court appreciates that while some time has passed since the Judgement being awarded and that it is now marked as Satisfied, I was for a long time unaware of my rights and only paid when I discovered the debt, for fear of further enforcement action. Please see the attached evidence to show that a) I was not living at the address when the summons was sent to my previous address b) that I moved from the address the claim relates to around the period I moved (I am unsure of date as South Water have not provided me with any details of the CCJ despite my letter dated 28/08/09 requesting this information and furthermore c) that I must have informed South West Water of my change of address approximately one year previous to their court claim as I have bills from South West Water relating to my new address going back to 2006 and 2007. I also have evidence that they were aware I moved to my new address on 11/12/2006 as recorded from a telephone conversation. In addition, since moving to my current address I have had no experience of this from other providers which I also informed on 11/12/2006. I would therefore respectfully ask the Court to set-aside the Judgment, on the basis that I never received the claim pack or any such letters of the outstanding debt at the previous address. Therefore, I have consequently been denied the opportunity to respond to the claim as I had no awareness that such a claim existed due to paying bills from South West Water which were addressed in my name at my present address. If I had received the claim or outstanding debt I would have responded and made payment as I have consistently done over the years of living at my previous address and my present address. Thus I sincerely believed that no debt exists as I was not responsible for the property during the period this claim relates to.

Look below please

I've deleted this version off as it was unreadable

Hi Shadow and anyone else who can help please. Could you look at this setaside for me please, much appreciated. I wish to apply for a set-aside of a County Court Judgment on the grounds: 1. That I was unaware of any such judgment until after it was awarded as I did not receive 21 days’ notice from the court by way of summons due to the fact that I was not living at the address the summons was sent to my previous address at the time of the summons being issued. Had I been aware I would have defended or settled any outstanding debts. 2. I did not receive notice of 28 days that payment was due on the alleged debt and I was not informed by any party 3. That the alleged debt relates to a period when I was not living in the property, nor owned nor was in any way connected to the property. I was consistently paying my water rates at my new address 4. That the claim is a result of a clerical error on the part of South West Water. s10 I contend that the alleged debt is the result of a clerical error on behalf of South West Water, who failed to close the account at my old address at the time when I informed them of a change of address, which was 11/12/2006 and thus continued charging me for a property which I neither owned nor resided in (and indeed was from that date in no way connected to me). South West Water continued to send me bills for my new property only at the new address given, which I have been paying promptly and in full belief that they had correctly changed my address as requested, instead of incorrectly charging me for two properties. Therefore the alleged debt does not exist as I was not legally responsible for the property or water bills relating to it during the period this claim relates to. I trust that the court appreciates that while some time has passed since the Judgement being awarded and that it is now marked as Satisfied, I was for a long time unaware of my rights and only paid when I discovered the debt, for fear of further enforcement action. Please see the attached evidence to show that a) I was not living at the address when the summons was sent to my previous address. b) that I moved from the address the claim relates to around the period I moved (I am unsure of date as South Water have not provided me with any details of the CCJ despite my letter dated 28/08/09 requesting this information and furthermore c) that I must have informed South West Water of my change of address approximately one year previous to their court claim as I have bills from South West Water relating to my new address going back to 2006 and 2007. I also have evidence that they were aware I moved to my new address on 11/12/2006 as recorded from a telephone conversation. In addition, since moving to my current address I have had no experience of this from other providers which I also informed on 11/12/2006. I would therefore respectfully ask the Court to set-aside the Judgment, on the basis that I never received the claim pack or any such letters of the outstanding debt at the previous address. Therefore, I have consequently been denied the opportunity to respond to the claim as I had no awareness that such a claim existed due to paying bills from South West Water which were addressed in my name at my present address. If I had received the claim or outstanding debt I would have responded and made payment as I have consistently done over the years of living at my previous address and my present address. Thus I sincerely believed that no debt exists as I was not responsible for the property during the period this claim relates to. Should I also add that I have written a second letter to SW for all personal information which still has not been provided, which is why I am vague about the details of the CCJ. (which I am to be really honest because I thought I was uptodate with my water bill at the previous address)

Shadow I have written this letter, could you please have a look and make any corrections. I am about to tackle the set aside now. Thank you very much for your letter dated 09/10/2009. However, you have not supplied all the personal information that I requested in my last letter dated 28th August 2009. I have enclosed a copy of the letter which details the information I requested. I expect to have a response within 14 days. Should I not receive all the information I have requested, I will have to make a complaint to the Information Commissioners Office. It is your duty to comply with my request under the Law. Yours sincerely