I need HELP to set aside a CCJ - **SET ASIDE APPLICATION WON **

[arcacia]

I've deleted this version off as it was unreadable

Edited October 25, 2009 by arcacia
unreadable

[arcacia]

Look below please

Edited October 25, 2009 by arcacia

[arcacia]

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.

[arcacia]

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???

[the_shadow]

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.

 

Personally I would take out the "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

...............because of number 3

 

4. That the claim is a result of a clerical error on the part of South West Water.

.........and number 4

 

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

... "and under pressure and threats relating to my future credit worthiness."

 

Need to play up the fact that you paid in error imo... very important as the debt is satisfied.

 

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.

 

When you fill it out on the form, break it up as there are a lot of good facts in their and it makes it much harder to read without spacing.. if it doesnt fit into the form then just put it on a seperate piece of paper and indicate to it in the form box... just ensure you put a statement of truth at the bottom of the sheet and sign.

 

S.

[the_shadow]

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???

 

If you post three copies of the application and evidence to the court, the first thing you'll get back is a stamped copy from court.. usually within 2-3 weeks but remember the post strike

 

S.

[arcacia]

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

[supasnooper]

A Statement of Truth must be added to the end of a statement of case, (e.g. particulars of claim or defence etc.) and any application notice not supported by a separate statement and any witness statement.

 

The statement must be signed by you.

 

The statement of truth should use the following words when used at the end of a statement of case or application notice:

 

"I believe that the facts stated in this (name the document and the date of the document) are true."

 

so, a statement of truth at the end of a witness statement should say:

 

"I believe that the facts stated in this witness statement are true."

[the_shadow]

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

 

If you take it down to the court, take the 3 copies still.

 

As supasnooper says its just a comment on the bottom of a statement to say its true and signed/dated..

 

e.g.

 

Statement of Truth

 

I xxxxxxxxxxx, believe the above application to be true and factual

 

Signed .....................

 

Dated this xx day of xxxxxx, 2009

There is one on the application sheet, but I always worry and put it on the seperate sheet referred to by the application anyway.

 

S.

[arcacia]

Thanks for you help.

 

Shadow, the letters I have written to SWW, can I submit them as evidence with the application?

[the_shadow]

Thanks for you help.

 

Shadow, the letters I have written to SWW, can I submit them as evidence with the application?

 

Yes and if you refer to them in your application then you'll need to. Make three copies of them and attach to each application copy.

 

S.

[arcacia]

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

[arcacia]

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??

[the_shadow]

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

 

Judgement date could be anytime after the 14 days were up for filing defence but then it could have been later, Do you know what date they issued the court claim against you? Have you seen sight of the original claim form?

 

It could be argued that you had just purchased another house and the letter was simply a welcome letter, do you have a copy of the letter, does it mention moving from another property?

 

S.

[the_shadow]

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??

 

add: copy of your credit file listing showing the amount recorded there.

 

Unsure about the responses... only if they are pertinent to the case, if they help your case then definitely include them.

 

All this info would normally be in your defence, your just showing the judge that you have a strong enough case to get it put back to step 1.

 

S.

[arcacia]

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?

[the_shadow]

I'm confused...

 

What is your aim... to win against SWW or to get rid of the CCJ on your credit file.

 

If its to win then you may have difficulty as you would need to show you advised them of your change of address.

 

If its to remove the CCJ then you can get this set aside as you didnt receive the forms, put in a defence, have a go and if you lose you get 28 days to pay the fine and remove the CCJ from your record.

 

S.

[avatari]

shadow, looks like arcacia has done a disappearing act again...

 

just found this thread, I discarded thread after no reply for more than a month...looks like same thing happened again...but i found your advice really helpful to me all the same, useful info for future, thanks!

 

arcacia, did you proceed with the claim? How did it go/is it going? please tell me after all the effort you put in preparing, that you went for it!!

[arcacia]

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

[the_shadow]

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

 

No problem, and thanks avatari for reviving this thread...

 

S.

[avatari]

Hi arcacia, that's okay, no problem.

 

Sorry to hear baout the finances, hopefully this will help:

 

1. A judge will expect you to put in the set-aside request IMMEDIATELY that you become aware of the CCJ. There may not be a defined time-limit, but the more time goes by, the less the chance of the applciation being accepted - especially if the court has reason to believe you have been aware of the judgement but not previously acted.

2. You may claim exemption/remission from the fee if you fufil criteria (being out of work and on limited means is likely to qualify). Simple file the claim with the EX160 form attached (click link for guidance and form):

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_web_0709.pdf

 

Hope this helps. Get that Claim in now! if you really are serious about this, the court will look less favourably on you if you wait, when the courts specifically have a system to help those who would be disadvantaged in accessing justice by being less financially well-off.

 

The claim will be accpeted regardless of the fee remission request outcome, which is handled separately - it will not be delayed while they decide if you qualify. in filling it out, you will be able to see if you qualify, so there is little risk as long as you are honest an can provide evidence (banks statements/bills etc).

 

Please don't let this cause you to prevaricate any longer, if your credit record is important to you.

[arcacia]

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

[supasnooper]

If you are not working, you should be able to claim fee exemption.

 

have a read of the link avatari has posted in post #71

[avatari]

yes, it's not too late to get that fee exemption request in, if you phone the court and ask them not to bank the cheque, unlikley they have done so yet - explain you are sending the EX160 immediately.

[arcacia]

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:)