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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Wessex Water and 3 x CCJs!


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I have today found out that 3 CCJs on my old property are relating to unpaid utility bills!

 

First off, they have confirmed the balance owing and when these were applied. It was at the stage my house was being repossessed and I buried my head in the sand with any post that came through my door!:(

 

I am now dealing with everything head on and want to know if there is a way WW will remove the CCJs if I came to an agreed repayment plan to clear the debt?

 

I don't want to go down the route of paying £75 per CCJ to get them set aside when I probably haven't got a cat in hells chance of doing so.

 

This is my letter so far, any help greatly appreciated.....

 

Thank you for your letter dated XXX in respect to the outstanding debts on the above property.

 

I would like to point out that XXX was repossessed in XXX and I moved out of the property on XXX and stayed with a family friend before I moved into XXX on XXX. Please can you therefore amend your records accordingly as I was not in either property at this time and therefore should not be charged any water usage.

 

I have recently obtained a copy of my credit file and would like to sort the CCJs out which you hold against me.

 

You state in your letter that you are unable to combine the debts. If I set up a standing order for each of the debts, please can you confirm the bank details to which they are to be paid into, the reference number to quote and if you require the CCJ number to be quoted also so that you can allocate the funds?

 

I would like to apply to have these three CCJs set aside. However, the cost per CCJ is £75. As a single parent, I do not have the liquid cash to enable me apply for this and would ask that you consider removing these CCJs upon my agreement to repay the debt or a suitable repayment plan.

 

I would also rather use the £225 as part payment towards clearing the balance that is owed.

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Just to be clear WW obtained 3 CCJs against you. Am I right in thinking that these are water charges arising over three periods of time? For how much of these periods were you the owner of the house?

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Just to be clear WW obtained 3 CCJs against you. Am I right in thinking that these are water charges arising over three periods of time? For how much of these periods were you the owner of the house?

 

yes they did, three separate CCJs and yes I was living in the property at the time.

 

One is for 2002, CCJ dated Jan 06

 

One is for 2005, CCJ dated June 06

 

One is for 06/07, CCJ dated July 07

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Based on what you've said I don't think you have any case for getting the judgements set aside and I wouldn't even mention that in your letter to WW.

 

You are, however, right to want to make an offer to pay but this should be based on what you can afford. WW can ask you for whatever they like but you must make sure that any offer you make allows you to pay your essential bills as well. WW know this and they also know that a court would only order you to make payments at an affordable level.

 

When the CCJs have been paid you require WW to issue you with letters of satisfaction that the CCAs will for a fee, note on your credit record. The judgements will then drop off the file 6 years from the date of judgement.

 

Creditors can sometimes be persuaded to ask the court to strike out a judgement but this isn't that common and they would probably only do this if you paid the debt off in full immediately and there were other extenuating circumstances. This isn't something I know much about but others may be able to help more here.

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Wessex Water is a pretty understanding and helpful company. Quite unlike any of the other creditors and DCAs that pop up here.

 

Things have gone pretty far now, especially in relation to the first of the CCJs. I suggest you ring them up and explain that you want to sort things out. You'll find them very understanding. If you prefer to write then I can give you a contact name if you wish.

 

You won't get the CCJs 'unwound' at this stage. All that can happen is that the debts will be marked as satisfied - nothing to do with WW, this is the way the CCJ system works. WW will do happily mark the debts as satisfied (they did for me) when the debts are settled.

 

I would stress that WW are really good guys. They only resort to litigation (and then in their own name as they don't use DCAs) if things are left too long without response. If you have a choice of creditors to pay then I would pay them first.

Edited by palomino
clarification

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Wessex Water is a pretty understanding and helpful company. Quite unlike any of the other creditors and DCAs that pop up here.

 

Things have gone pretty far now, especially in relation to the first of the CCJs. I suggest you ring them up and explain that you want to sort things out. You'll find them very understanding. If you prefer to write then I can give you a contact name if you wish.

 

You won't get the CCJs 'unwound' at this stage. All that can happen is that the debts will be marked as satisfied - nothing to do with WW, this is the way the CCJ system works. WW will do happily mark the debts as satisfied (they did for me) when the debts are settled.

 

I would stress that WW are really good guys. They only resort to litigation (and then in their own name as they don't use DCAs) if things are left too long without response. If you have a choice of creditors to pay then I would pay them first.

 

Thanks for the email. As much as i want to get the CCJs sorted, I am not in a position to clear them straight away nor pay the fees to get them set aside especially as they probably wont be set aside.

 

Do you think WW would mark them as settled if I agreed a repayment plan or is it a case of waiting until the debts are cleared by which time the CCJs will have probably dropped off my file anyway - well the 2002 one may have or do you think its worth paying the CCJ one by one to clear them quicker, i.e. pay the older ones first?

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