Costly error by Water Company

[Stagparty]

Hi All

 

I have a friend who has recently stumbled on an error by a Water Company.

 

When he recently went to try and rent a new property the lettings agent credit checked him and saw he had a CCJ and consequently turned down his application. In order to get the property he had to get a family member to act as guarantor.

 

The time lines are as follows :-

 

• Feb 2008, moved out of flat into a new one providing final readings and forwarding addresses to landlord and utility providers.
  
• Feb 2008 onwards, water bills for new property received at new address and paid exactly as they should be
  
• July 2009, applied to rent a new flat. Application rejected due to CCJ and asked to provide a guarantor.
  
• July 2009, called court and found CCJ judgement
  
• July 2009, Water Co admitted that they had been sending correspondence to the wrong address and had obtained a judgement by default and said they would have the judgement removed.
  
• As of now - CCJ still not removed and further correspondence not received from Water Co.
  

Obviously this has caused a lot of heart ache and inconvenience as well as additional costs.

 

The additional costs include having to visit a different part of the country with documents for the guarantor to sign, the guarantor having to go personally to the lettings agency in order that his identity could be verified, the additional fee charged by the lettings agency for processing a guarantor, phone calls and time dealing with all of the above.

 

The main issue here is to have the CCJ removed, so my first question relates to that.... is it reasonable expect a CCJ to be removed within 6 weeks of the error being spotted? If not what time scale is reasonable please?

 

In view of the Water Co's negligence (which they have admitted), is it reasonable to claim the additional costs of the move from them? (The credit report shows everything being fine except for the CCJ, and so there is no reason why the tenancy wouldn't have gone ahead without the guarantor if the CCJ hadn't been there)

 

Might this be a circumstance where damage to a persons credit reputation has been done and that damages could be sought in line with Durkin v DSG (backed by Kpoharor v Woolwich) ?

 

Thanks in advance for any advice

[Stagparty]

Could anyone please help?

[arcacia]

Hi, I've had the same happen to me.

 

Sep 2008 applied for a morgage and was refused

Checked my report to find I had a CCJ from South West Water. I was horrified and stunned.

Dec 2006, I moved house but had been receiving water bills addressed to me which I was paying, ( so y would I for nearly 2 years think, they did'nt have my new address!!

When I phoned South West Water, I tried to challenge them as I had been receiving water bills in my name. They remained adament that I had never informed them of my change of address but I must have. Furthermore, they persuaded me to pay the CCJ of £100, it is recorded on my credit report as £342, which I'm very confused about.

 

Furthermore, I have worked hard the last year and a half to improve my credit rating. It is now at a score of 733 which is fair. However, again a year later with a better credit rating I still cannot obtain a mortgage

 

I would welcome any advice on how I can challenge this CCJ and get it removed as it is causing me so much stress and upset. So I empathise with you.

[Stagparty]

Sorry to hear your plight! My friends case is slightly different in so much as the water company have admitted in an email that they have made a mistake and they are going to have the CCJ removed.

 

Did you by any chance still have South West Water as your supplier when you moved? Did you keep the other house or sell it or put tenants in it? I'd be inclined to make a formal complaint and also put a thread of your own on here and maybe pop down to the CAB for some advice.

 

Can anyone give me some advice based on the first posting of this thread please?

[Nagasis]

HI stagparty, I am representing my sister in a similar case against a water company. you can view it here http://www.consumeractiongroup.co.uk/forum/utilities-gas-electricity-water/214809-4-years-harassment-ccj.html

 

I have started a claim for damage to credit (amongst other things) as she had a wrongful ccj placed on her credit file and therefore damaging her credit.

[Stagparty]

Thank you Nagasis

 

Is your interpretation the same as mine, in that, the Durkin v DSG and Kpoharor v Woolwich, cases set the precedent here regarding damage to creditworthiness?

 

Did the water co willingly remove the CCJ? Do you mind if I private message you with the name of the water co to see if it is the same one?

[meursault22]

Well, I'm very sorry to hear of your troubles but I'm actually glad not to be alone. My water company is completely incompetent at simple accounting but always in their favour!!! They have been trying to take my home through an order of sale and just keep going. It seems there is no stopping them. They just keep insisting that I've never paid anything and that their actions are justified, although the truth is that I've paid them way too much just to try and avoid losing my home.

I've been completely astounded by how they blatently lie in court and in letters. They should not be allowed to get away with this kind of harassment.

We need to all get together and figure out a way to sort them out!

 

Maybe a small start is to sign these petitions to No 10 Downing St.

 

http://petitions.number10.gov.uk/waterutility/#detail

 

http://petitions.number10.gov.uk/Natio-Utilities/

 

http://petitions.number10.gov.uk/Nationalise-Gas/

Edited August 31, 2009 by meursault22