Judgement from Anglian Water with a twist. What do I do?

[eddiemc]

I was sued by Anglian Water on 17th September 2010 because they said the amount I was paying off my arrears was not good enough and they wanted far more than I could afford. I acknowledged the claim on 4th October with an explanation that I wanted time to pay. Obviously I could only wait and see what happened next. On Saturday 2nd July 2011 I received a judgement for claimant (in default) telling me I owe £1,029.81 inc costs. An explanation on the last page explained that.

 

1) A system error had occurred and a request for the judgement was never received by the court.

 

2) The proceedings were then stayed upon the courts own motion on 7th April 2011.

 

3) Unfortunately for reasons unknown the claim was overlooked within the business of Anglian Water.

 

4) The oversight was recently discovered and the claimant now requests the stay be lifted so that judgement can be requested in the correct manner.

 

This was granted and I have 7 days to respond.

 

Obviously I just want to pay a monthly amount or is it too late?

 

Cheers

[AndyOrch]

Have you spoken to the Court (is it Northampton)? To request the status.You may still have time to respond.

 

Filling in the County Court Claim Form.

 

The "Admission Form N9A" should be filled in very carefully as the details on this form will be used to decide the level of payment that should be made to the creditor.

1. Complete the top right corner section, naming the court in which the Claim will be heard, the correct case number and the full names of the claimant (creditor) and defendant.
   
   
2. If the amount owed is not disputed tick the relevant box, "I admit the sum claimed". If the claim is disputed, then tick the other box and fill in the counterclaim section. In most cases there will be no dispute.
   
   
3. Insert your personal details and tick the relevant boxes as to gender and marital status.
   
   
4. Insert the details of your dependants, putting the correct number of children in each age group. The second group, 'other dependants', should only be completed for other individuals who are solely dependant on your income.
   
   
5. Complete the section for employment details, using the designated boxes, depending on whether you are employed, unemployed, a pensioner or self-employed.
   
   
6. Provide details of your Current Bank Account and Savings Account: the figures here can be estimated.
   
   
7. Tick the relevant box determining the type of property in which you live. Only tick "own" if the property is entirely in your name. If it is in joint names, tick that box.
   
   
8. Complete this section as carefully as possible. These figures should all be on a monthly basis, the salary/income should be a net figure, i.e. your actual take home pay. Include all benefits. Please include your partner's salary in the category "others living in my home with me". Rents should also be included.
   
9. Expenses should also be filled in extremely carefully. All figures are again on a monthly basis. It should be noted that the space on the claim is limited, with regard to expenditure. Therefore, it is advisable to combine various types of expenditure under one particular heading in order to give yourself enough room for all your monthly expenses. For example, head a section "transport" and include all petrol, car hire purchase, car tax, MOT, car insurance and other travel costs in there. It is unwise to list any luxuries such as gym memberships, satellite TV, smoking or social activities here as the creditors will not accept these.
   
   
10. The box relating to credit debt is very important. If you only have a few creditors it may be possible to list each one separately. If there are many creditors, it is better to insert the phrase "total credit debt is approximately £..." in the box provided. It is best to state that you are behind with all the contractual payments in the box underneath this.
    
    
11. In the final box, you should state how much you are able to pay each month. This can be calculated as follows:
    This is known as a Pro-Rata Offer and shows that the monthly surplus has been fairly and justly proportioned between all creditors. Therefore, you will need to negotiate a similar pro-rata offer to remaining creditors - even if they have not commenced legal action.
    
12. Sign and date the form in the spaces provided and return to the address on the front of the Claim as instructed in the Notes. Be aware that this address will be that of the creditor,keep a copy.
    

Regards

 

Andy