CCJ whilst in Prison!

[hassibabe]

Hey all,

 

I have a major problem with severn trent water and its really doing my head in because these guys have no clue what their right hand is doing from their left!!

 

Ok little background info, i moved into property 19 july 2009 had a few water bills come through that i ignored, had a Notice from Count Court come through sometime in november 2009, called up water and agreed to avoid ccj i must pay by water card. No problem i start paying by water card.

 

Then i know i am going to prison on 26 march 2010 so i call them say i'm off to prison send me a final bill (this info is logged on their system). No final bill came before i went into prison.

 

came out of prison on 21 july 2010 then checked credit file last month and i see a ccj from them for £97. I call em up and am told send proof of being in prison and we can see what to do. I send proof of this to them. I get a letter from them now saying give us proof you're no longer responsible for bills at address from 26 march 2010 EVEN THOUGH i was sat in prison and they have evidence of this! Anyway get proof from landlord that i was no longer responsible after 26 march 2010.

Now i recieve a bill saying they want £197!!! I call them and ask waht the hell they on about, i get told from the date i moved in 19 july 2009 to 26 march 2010 my bill was £105.76. I have made payments to the amount of £104.30. They then tell me that they have added £100 court costs, £25 solicitors fees £4.09 interest fees and £2.25 fees for something else. I then say tell how exactly you get £197.64 when what you've just said to me comes to roughly £130. Phone was put down on me!!

 

I have a spliiting headache from dealing with this and need some advice as to how i can proceed with this issue and especially wether or not they could give me the ccj.

 

thanks

[42man]

If you can prove that you were in prison when the claim form was issued then you would get it set aside quite easily.

Link here - http://www.insolvencyhelpline.co.uk/ccj-removal/step-by-step-process.php

[hassibabe]

Sorry to bring up an old thread again, BUT i haven't dealt with this problem due to dealing with other issues and now this ccj is starting to be a thorn in my side! The above poster advised that if i could prove i was in prison whilst the claim form was issued i should be able to get it set aside. Is the claim form the Blue Paper they send out before going to court (Form N1 i think). If its the BLUE paper before going to court, yes i DID get that before going to prison, but i called up Severn Trent who told me to avoid action just pay by watercard which i did do, then i went to prison after the 3rd payment. It was whilst in prison that judgement was made and i didn't get a chance to respond to the judgement & most annoyingly is that i did tell servern trent that i was going to prison BEFORE and they didn't send me out a final bill.

[unclebulgaria67]

Getting a set aside several years after the event may be difficult, but give it a try. Does not mean it will be granted and you will still have the bill. It may be advisable just to pay off the amount owing, so at least your credit record would then show as paid.

 

This link should help you.

 

http://www.trustonline.org.uk/understand-judgments-fines/set-aside-a-judgment/

[Ganymede]

Sorry to bring up an old thread again, BUT i haven't dealt with this problem due to dealing with other issues and now this ccj is starting to be a thorn in my side! The above poster advised that if i could prove i was in prison whilst the claim form was issued i should be able to get it set aside. Is the claim form the Blue Paper they send out before going to court (Form N1 i think). If its the BLUE paper before going to court, yes i DID get that before going to prison, but i called up Severn Trent who told me to avoid action just pay by watercard which i did do, then i went to prison after the 3rd payment. It was whilst in prison that judgement was made and i didn't get a chance to respond to the judgement & most annoyingly is that i did tell servern trent that i was going to prison BEFORE and they didn't send me out a final bill.

 

 

 

So you were served with teh papers and had left it 2.5 years to apply to set aside?

 

I think you will struggle.

[hassibabe]

Well the ccj was issued in May 2010 whilst in prison, came out in July 2010, found out about ccj in sept 2010, went back & forth with servern trent till march 2011, then i handed it over to solicitors in April 2011, sent off some paperwork to court in northampton in May/June 2011 & haven't heard back from them. Its only because i'm looking for a mortgage this issue has come up again and needs to be dealt with. And yes, i HAVE paid servern trent thier money....

[unclebulgaria67]

Well the ccj was issued in May 2010 whilst in prison, came out in July 2010, found out about ccj in sept 2010, went back & forth with servern trent till march 2011, then i handed it over to solicitors in April 2011, sent off some paperwork to court in northampton in May/June 2011 & haven't heard back from them. Its only because i'm looking for a mortgage this issue has come up again and needs to be dealt with. And yes, i HAVE paid servern trent thier money....

 

So the set aside is purely that you want it off your credit record !

 

I don't think it works this way. You can try to set aside on the basis of your absense and therefore you could not pay before the CCJ was granted. Also you have since dealt with the debt and the CCJ on your record is unfair.

 

If you don't try, you won't know. There is no guarantee.

[Ganymede]

I don't think you can set aside a satisfied CCJ...

[hassibabe]

The CCJ is not marked as satisfied and i've not applied to the court to mark it that it has been paid. I'm more wanting to have it removed as it should have never been there in the first place. I've thought of possibly writing to severn trent and asking them to remove the CCJ as i've read somewhere that they can have it removed if they're willing.

 

The other thing that does get me is that the amount claimed is incorrect on the CCJ & severn trent know the amount claimed is incorrect. Then we have the issue of them saying that there was a warrant fee and they gave me a warrant number, i checked my local county court and they said no such warrant was issued & they checked my name for any other warrant numbers and found non. I contacted northampton & they told me no warrant. Now all along ST have been adamant that i pay this warrant fee, its only when i told them that i have checked the warrant number up and there is no such warrant AND by them claiming that there is such a warrant and wanting me to pay it would result in me reporting them to the police for a criminal offence under the Fraud Act 2006 & The Theft Act 1968. After quoting the sections i was told someone would call me back, 2 days later i get a call back & suddenly i'm being told there never was any warrant & whoever told me this made a mistake. So i left it & paid them the balance that i owe. Now i do have bills which show this apparent warrant on it!