Anglian Water CCJ Advice please

[robtaylor1986]

Hi All,

 

I am posting this as I am looking for some advice regarding a CCJ logged on my account.

 

To try and keep the long story short

 

I recently signed up to Experian and I have found that I have a CCJ logged on my previous address

which I was unaware of.

 

After speaking to Northampton County Court it was from Anglian Water and for the amount of £227.

 

I rang Anglian Water and explained to them that I had left the address

and they still thought I lived there even though I notified them on the phone (unfortunately I dont have proof...),

 

so I sent them a letter with a copy of a letter from the estate agents explaining the dates of my tenancy.

 

They re-issued me a bill which was £105.09 + an £87 County Court Claim fee totalling £192.09.

 

Now that amount conflicts with the amount on my credit file,

 

so I rang Anglian Water and they claim the amount is correct but the additional cost to make it to £227

is from a debt agency they passed the debt onto.

 

After speaking with Northampton County Court they have told me the claim came from Anglian Water not a debt agency.

 

Would this mean I may have a case to get the CCJ set aside?

 

As the amount billed from Anglian Water is conflicting the amount on the claim?

 

Obviously I accept I can't get the CCJ set aside due to moving house and not receiving the letters

as I have no proof I notified them of the address change.

 

If anyone can give me some advice that would be great

 

Thanks

 

Rob

[dx100uk]

fees are a penalty

 

there is certainly no legal remit for them to add anything

because they passed it to a DCA.

 

something smells here

 

have you got all the bills

leading upto this period?

 

dx

[robtaylor1986]

Hi Dx

 

Thanks for the reply, all i actually have is the bill that Anglian Water re-issued to me last week...

[unclebulgaria67]

You could send Anglian a Data Protection Subject Access request and request all the information that is held for your account. Specifically ask them for data log of any access Anglian Water staff have had to the account on their systems and a print out of all notes entered on your account. There should be a system log if someone accessed your account when you phoned to advise that you had moved address.

 

It is sometimes better to get hold of the info that helps you prove your case, before you go off half cocked without any info that may help with a set aside application.

[robtaylor1986]

Thanks, I will request this

 

Will this information help in regards to the amount they are charging me also? I mean surely the conflicting amounts between the CCJ and what Anglian Water have re-billed me for gives me a case in itself to say that the amount for the CCJ is incorrect and should be set aside, so they can re-bill me (and i guess re-issue a new CCJ with the correct amount owing). Or am I totally incorrect? When i spoke to Anglian Water they were all too quick to try and get me to pay the outstanding balance and she seemed to blag me a little when i was asking questions...

[unclebulgaria67]

When you ask for the SAR, you could ask for copies of all statements for the account and a breakdown calculation of any amount outstanding.

 

If the basis of the court claim was wrong, yes you could request the set aside, but the main point is that the court claim papers were not received by you, even though you did phone to advise of your change of address.

[robtaylor1986]

Superb, I have included this in my letter also.

 

Finally, on the bill they re-issued me they have stated that I need to pay the outstanding balance by 24 July 13. Now thats not going to happen as I am not paying the pre applying for the CCJ to be set aside. Would it be best to request them to freeze the account? And should I put this in the letter also?

[unclebulgaria67]

Superb, I have included this in my letter also.

 

Finally, on the bill they re-issued me they have stated that I need to pay the outstanding balance by 24 July 13. Now thats not going to happen as I am not paying the pre applying for the CCJ to be set aside. Would it be best to request them to freeze the account? And should I put this in the letter also?

 

If the CCJ is already on your record, then I am not sure why they have given you a 24/7/13 date to pay by.

 

In your letter, you could state that you have taken legal advice about the court judgement obtained by Anglian without your knowledge and that you intend to pursue the matter further. Suggest that they put the matter on hold, until you have had the chance to look into this further or if they continue you will bring this to the attention of the court in future proceedings.

[robtaylor1986]

I just got home from work and they have sent me a letter stating they have now instructed S.R.J Debt Recovery Ltd to contact me to seek suitable repayment arrangements. All seems to be a bit iffy to me...

[unclebulgaria67]

I just got home from work and they have sent me a letter stating they have now instructed S.R.J Debt Recovery Ltd to contact me to seek suitable repayment arrangements. All seems to be a bit iffy to me...

 

SRJ are just standard debt collectors. So if you receive anything from them just reply that you are in the process of disputing this alleged debt amount with Anglian and will not enter into any communications with them in the meantime.

[dx100uk]

its as if they do not know there is CCJ in existence for this debt....

 

do they?

 

dx

[robtaylor1986]

Yes they know, when I originally sent the letter to Anglian Water I said they need to set aside the CCJ in the letter back from them they said the regarding the county court judgement-

 

We've amended your account to the date you moved out, thanks to the information you kindly sent us. But this does not mean the CCJ will be set aside. Your routine bill ton30 May 2012, issued on that date, was £105.09 and this was included in the claim we presented to the courts. This means that the CCJ is still valid and the balance still needs to be paid. The fees for presenting the claim and obtaining the CCJ mean the total debt balance is now £192.09.

 

But this is incorrect the claim from the courts is £227. So surely something isn't right?

[dx100uk]

the court will charge a fee too

scan up the PoC

 

dx

[robtaylor1986]

Sorry for my ignorance, but what does that mean?

[honeybee13]

Hello Rob.

 

Dx is suggesting you tell us what is written under the Particulars of Claim. You can either scan it, or type it up for us, minus any personal details. It should help us to advise you.

 

My best, HB

[robtaylor1986]

Ah I see, I haven't completed a POC yet. Do I do this before I get my SAR?

[unclebulgaria67]

DX meant that there is a court fee of £75 for a set aside application.

 

Hopefully Northampton county court bulk centre can provide a copy of the POC, to see what Anglian said when they made the original claim. You can request a copy and they may charge a small fee for providing this.

 

You should get a copy of the POC and SAR Anglian.

 

What you are trying to achieve here is to get the CCJ set aside, as the basis of it was wrong. You were not sent a true bill by Anglian to your correct address, so you could not pay it. You have therefore ended up with a CCJ for an incorrect amount. If this is correct then do as advised. If this is not correct and Anglian have done nothing wrong, then pay the CCJ.

[robtaylor1986]

Ok, thanks will do. Once I have received it I will post it up

[robtaylor1986]

Morning All, i have received my POC and attached it. Let me know what you think

[robtaylor1986]

Hi All,

 

I have posted the POC letter now, link below, apologies for starting a new thread, but it appeared that it still says the last post was posted on 22nd July which meant no one was viewing the discussion..!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?397688-CCJ-Advice&p=0#post0

 

Cheers

 

Rob

Edited July 29, 2013 by citizenB
renewed broken link

[citizenB]

Ouch that is a very poor scan - is the actual PoC that bad ?

[citizenB]

So, you were not aware of the Judgment until such times as you checked your credit file.

 

The amount claimed on the PoC is more than was actually owed.

[maroondevo52]

Threads merged, always better sticking to the one thread Rob.

 

Regards,

 

Scott.

[robtaylor1986]

Hi Scott

 

I have only started this thread and the other thread? And i started this thread because the other one wasnt updating to show i had posted on the main forum bulletin board

[robtaylor1986]

Hi CitizenB,

 

I didnt know I had a judgement until i signed up to Experian 3 weeks ago. And yes thats correct, the amount is for more than whats owed. The amounts dont stack up in anyway shape or form. Does it look like I have a case? I am assuming because the amount claimed is incorrect i can get the judgement set aside?