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

Hi thank you Shadow but I have also notice something else. I feel like I'm going mad!!!! Please tell me these companies would not provide false information? Well its all very confusing bundle of paper work as not of it tally's up with each other. I need someone to look at it really. I have 1 doc which is contacts from computer system which make reference to CCJ (I think) on 23/09/08 as it states telephone call received from me than it states coment noted on account - credit management memo pre litigation. No recording of the payment of the CCJ or the date of judgement which is recorded 31/10/09 on my CR. I also have the letter from South West Water dated 23/09/08 which did not come in the bundle of documents which confirms the claim was settled in full on 12/09/08. However the recording of statements of payment only go up to 01/09/09. Shadow, its so complicated. However, right they have not complied to my letter. Are you sure I don't have to note my previous address down???

Hi Shadow, thank you for your reply, I beleive the letter does ask this but there is nothing about the CCJ, the contents of the information appears too perfect, for instance the letters sent to the occupier (which I dont remember) and they state that they have phoned me at my address and left a message, thats totally untrue as I would respond to such phone calls. This is the letter I wrote: Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:- 1. A complete set of statements/invoices/bills that you have sent me. 2. Copies of all correspondence sent between myself and yourselves. 3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention. 4. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover. 5. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. 6. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 7. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007) I enclose the statutory maximum fee of £10. You have 40 days in which to comply. What do you think I should do?? Should I just get this set aside done, Avatari helped with a draft Please help, this CCJ is really screwing my life up!

I have just looked through all this information from south West Water which is from 11/12/2006, there is nothing in this bundle or recordings of conversations about my previous address or being linked to previous address or any information regarding the CCJ. Should I not have all the information held about me on this address and previous address. Really needed additional information on my previous address as I was sure I had paid my water charges up to date. I don't think I have any real evidence, accept the statement of charges do record that I was constently paying my water bill at new address consistently and bills addressed in my name. However, they have enclosed two letters to the occupier (??) dated in March, when I had been living at new address since December 06 and a letter in April welcoming to my new home and from Aprill 07 - 01/09/09 a list of consistent payments. There is no evidence I informed them I moved address! There is no evidence that I phoned them in September 2008 when I found out about the CCJ and satisfied the debt. Enclosed from the subject access letter is: A list of charges and payments received from 11/12/2006 (all payments consistent!) BUT not untill April 07. I think I just need to get the set aside completed and try to figure a defence out after. Do you think I did the subject access letter wrong? should I have stated that I wanted information from my previous address (which the do know as I satisfied the debt, which I have no recipt or any clue what period in 06 was this out standing debt which caused me to have a CCJ.

Hi Avatari, Sorry I have not been on sooner, its been a hectic few months! I have had all the information back from south west water, Every bill since I moved into my new address which also shows consistent payment. However, they enclosed to forms which were sent to the occupier at my new address when I moved in, which therefore evidences that I did not inform them of my new address. However, I really believed I did inform them and I am sure I did this through their site as I also used that to pay bills. From April 06 they were sending bills in my name. I'm unsure what to believe as there is a chronology where they say they phoned me or left a message on two particular occassion, and that is definately not true as I would have remebered and I would have responded. Further, I can't remember any letter addressed to the occupier! So the situation is I still want to go ahead as I desperately need the CCJ off my file, even if I can have the option of having 28 days to pay it would be great. So how should I form my argument?? I was thinking of continuing to focus that I never received any corrospondence from the previous address, therefore I was unable to make any relevant payments. Also I did believe that I had inform SWW as I was consistently paying my water bill and receivng bills. What do you think, can you help?

Guess I should wait for another 6 months, and save a good deposit! Thanks for you advice

Thanks, I will gather all the evidence first which should take about a week. Than I will post a draft of my set aside on here. Fingers crossed!!! I'm fedup with being refused a mortgage over this unfair CCJ. I would understand it if I had deliberately avoided the an outstanding debt! Thanks again everyone, will get back to u soon Absoulutely happy with the reasons you had given, If you don't mind me asking what was your CCJ for??

My argument is if I never informed them of my change of address, then the letters would have been addressed to the occupier, however, they are addressed in my name.

Hi Thanks Avatari, I have just gone through all my paperwork and only have paperwork from 2008. I have 3 letters (bills) from South west water dated 29/01/08, 14/05/2008 and 25/06/08. Taking into account that I did not find out about the CCJ untill September 08 when I was declined for a mortgage. Than I phoned Northampton Court who informed me the CCJ was from SWW. Than I phoned SWW. The only evidence I can get is my bank statements from Jan 2007 which will highlight me paying SWW and evidence my new address. I can also get a copy of my tenancy agreement What do you think? Is this enough evidence? Or I wait for the paperwork which south west water are sending out to me??? How much evidence did you attach?

Mostly because I was a previous employer and left. Lots of people I worked with in 2005, can't get back in. The management in SSD tend to hold a grudge if you leave and furthermore, this management system have never change in the last 30 years. At one time they had a black list of about 6 names that they would not accept. My name was not on the list.

For aproximately a year and a half, I have got my credit score from poor to fair. My score now is 733 which is the national average. However, I do have 1 default and 1 CCJ, which I am tackling at the moment. I am so fedup with being refused a mortgage when my finacial position is good. This is the second time to be refused in the last two years. I'm also wanting to obtain a mortgage throught the right to buy as I have been quoted an excellent figure from the councill, it will run out in the next two months. Further, I am so fedup with morgage advisors telling me to give it another 6 months, I do that and get knocked down cos its either because I'm self employed, my credit reports not good enough or its because its a first time mortgage. I will be a pensioner before I get a mortgage!!!!!!!!! LOL Anyone know of a mortgage company? Would really welcome some advice