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Hello all

I wonder if anybody could help me please? The essence of my problem is - long outstanding disputed-in-part debt with water company. Court claim issued, I put in a defence, heard nothing, have now discovered CCJ awarded by default. How is the best way to approach it? There are more details - and will post if anybody kind enough to offer assistance.

Thank you very much :)

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Firstly you have to decide if you really do have a defence to the action.

If you post some details here, we may able to give you our view on this.

If you do have a defence then you will need to apply for a set-aside.

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Thank you.

My dispute is the charges they added when they installed a meter to pay off a debt - I had no choice but to have the meter but wasn't informed of the charges and they didn't come to light for many years. The meter was then taken out as the whole question of these meters had been deemed unlawful I believe - as I said it is a long outstanding debt for which I am ashamed :oops:. Year on year I received and didn't pay the water bills - during these times I suffered a breakdown, on low income and couldn't pay the full amounts owing. We were in receipt of IS for a while and direct payments were made - only the water co said they didn't receive them and we didn't pursue this matter - can't remember why, life took over. My husband was bread winner I was at home with children - I then was student and buried head in sand - these parts I just wanted to explain as I know it should have been sorted out all those years ago and I am not suggesting that this is my court defence.

 

During my breakdown another family member took control of family finances - some payments were made.

I recovered, my marriage broke down, I went back to work - small income still having 3 children under 18 and 1 at uni at home with me. Still I did not get back on track with bills I am ashamed to say.

 

Back to recent events - about a year ago I received a letter from this particular water co (with a different name) demanding full payment of extremely large balance within 7 days. I had not heard from them in relation to it for at least 10 months prior (I know, no excuse - just wanted to point it out). This was addressed to myself and my husband.

I replied stating that Mr does not live at the address and requested a breakdown of the amounts. They duly obliged - although it wasn't a full breakdown - it just stated b/f balance and totalled - incorrectly. I went through all my paperwork and none of it added ujp to the amounts they stated - different dates, payments etc.They stated that Mr had to remain on debt. They said that I had 7 days to pay debt or court action.

Court papers quickly followed - mine and husband's name. I returned court envelope addressed to my husband, they said it would be classed as undelivered/not served.

 

I sent in defence along lines of not agreeing with large amount o/s, requesting hearing and Mr to be removed. I heard nothing, however I did receive some letters addressed to my husband - I haven't opened them. I have still got these letters - my husband became ill in June of last year and passed away just before Christmas. Consequently I did not pass any letters on to him, and my life was taken up with caring for him and our children.

 

I received a letter from water co approx 3 weeks ago they said I had 7 days to pay money or further court action. I replied stating that I hadn't heard from them since my defence. They have replied stating that CCJ issued by default because I didn't attend the hearing that was scheduled for December. I would have attended the hearing had I been aware of the hearing, I desperately want this sorted out, but begrudge the inconsistencies.

 

I went to the court office last week - informed her that I had received no papers - clearly she didn't believe me. I explained about the letters, she looked on computer and said the hearing was scheduled for October for both myself and my husband. She gave me a set aside thing, and I have done no more - yes I owe a lot of money and I want to pay it. But I am upset that CCJ has been awarded as I would have appeared at hearing and any amount that Judge said I owed I would have paid immediately.

Now I have a CCJ that will stay on file for 6 years.

 

Thank you for reading so far and thanks for any advice.

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