CCJ - the debt amount was wrong. It was also sent to wrong add.

[shell145]

Hi,

 

I forgot to close an old water account. I've just moved and set up a new one, remembered my old one and tried to close it. Sent them proof of the date I moved out and the sent me out a final bill.

 

But a CCJ was filed against me at my old address. I moved out July 2010. CCJ was filed April 2011. I've only just found out about the CCJ.

 

On the back of my bill it says:

 

amount bought forward from your last bill £603

court judgement cost - £22

court judgment interest - £10.29

court summons fee - £15

Court summons cost - £50

Court Summons Interest - £6.45

Cancelled Charge 26 feb 11 water supply - £141.79

Cancelled charge 21 june 10 water supply - £136.51

Cancelled charge 26 feb 11 used water & drainage - £131.09

Cancelled charge 21 june 10 used water & drainage - £122.92

 

Amount bought forward to this bill -£32.29

 

water supply for bill period 3 apr 10 - 5 jul 20 = £35.07

used water drainage = £31.57

 

total charges due £66.64

 

My CCJ is for £363. I don't get where this figure came from.

But costs, fee and interest adds up to £103.74.

So that means they were chasing a debt of £259.26, when clearly I only owed them £66.64 (my final bill, received 7 Nov)

 

I have now paid the water board my £66.64

 

I'm not sure what I do now.

 

Obviously the water board have decided they were wrong, the debt was wrong, so surely if I apply to get the CCJ set aside, I will win!!?

 

When will the court agree to set aside a judgment?

 

The county court rules set out when you can apply to set aside a judgment. For example:

 

• an order was made against you in your absence, in certain circumstances;
  
• there may be an error in the judgment;
  
• you want to put in a defence and did not have the opportunity to do this;
  
• the proceedings did not follow the court rules.
  

[citizenB]

I should think that if the CCJ was awarded without your knowledge and the opportunity to defend, that would also be a reason to have it set aside.

 

Obviously if you have no debt with the water company then you dont want your credit files showing that you have a CCJ.

 

I am not sure of the process, so will send out an S.O.S to someone who does

[AndyOrch]

Hi Shell CB as asked I pop in you.

 

Ok how did you find out about the CCJ? Have you requested copies of the paperwork and judgment from the relevant Court? Have they tried to execute the CCJ in any way yet?

 

Making application to set a side will cost you £80 so I would advise you contact United Utilities first( if the debt as been paid) and request through them that they issue you with a certificate of satisfaction.If they refuse because of their fees and court costs then you have no alternative but to make application to set a side but you will need the paperwork from the Court of issue.

 

Regards

 

Andy

[shell145]

Hi, Well I phoned up the waterboard on 5th October. They said I had an unpaid bill. I said I moved out 5th July last year (had forgotten to close my account), they said I had some court costs on my account and I needed to send proof that I'd moved out then and to do that and wait for the new bill to be sent out.

 

I did that and I got this bill last week. On it it had mentions of the cancelled court stuff It was when I did a credit check on Monday evening that I actually saw there was a CCJ on my file. I phoned up the court yesterday and asked for details, they emailed me them.

 

Just saying What do you mean by have 'they tried to execute the CCJ in any way yet'? It is showing as active on my credit file The CCJ is for Severn Trent Water. I rang them last night and they said there's no outstanding debt, that there's nothing on their file about a CCJ.

 

I've been told to ring back today and speak to their legal team, so they should be able to send a letter saying that I have no debt BUT I don't just want it settled, I want it removed... and from what I understand, the only way it can be removed is if I apply to get it set aside. Even if the company admit that the debt was wrong and that I have no outstanding debt and that there shouldn't be a CCJ? So it is the court that I need to ring to get them to forward me all the paperwork to my actual address (rather than the old one)? Thank you

Edited November 16, 2011 by citizenB
formatted for easier reading

[citizenB]

I would get in touch with the court and ask them to forward any paperwork they have in respect of the CCJ. Do you know the claim number.

 

You can also check with Trust online to see if there is a CCJ registered in your name. I think it will cost you £4.00

 

http://www.trustonline.org.uk/

 

HTH

[AndyOrch]

Speak to their legal team first before going to expense of set a side.If it is an error they may well be able to deal with it for you and save you £80

if not then you have no other option to make application to set a side, worth a phone call!!!

 

Andy

[citizenB]

Speak to their legal team first before going to expense of set a side.If it is an error they may well be able to deal with it for you and save you £80

if not then you have no other option to make application to set a side, worth a phone call!!!

 

Andy

 

[shell145]

Hi all, I have checked my credit file and it is on there, so no point paying to check else where really I spoke to the court and they say the cannot forward any paperwork but gave me details. I spoke to STW legal team and they said a letter of satisfaction is being sent out. They have spoken to the Enforcements team and they will look at my case and contact me in 5 days with a decision about whether they will set it aside so all I can do is wait i guess I guess when I get my letter of satisfaction there's no point applying for certificate of satisfaction yet, may as well wait for the outcome about whether they will set it aside? Although I thought that a company couldn't get a CCJ set aside themselves after 1 month? Thanks