United Utilities court action for this years bill

[emmaf01]

How can I defend a court action with United Utilities for this years water bill?

 

We had always paid direct from our income support for our water but this stopped without us being informed last October.

 

When we got this years bill through I thought it would be paid the same way. We got in touch with them when we found out this wasn't happening but they said we had to pay them direct- no other option.

 

Got in touch with DWP who said they would look at setting it up again. They didn't. Was in touch with United Utilities in July to say we were trying to get this set up. In August got advice from CAB who said they had a scheme they could arrange and told us the information they would need. Got that together.

 

Before we could get the CAB to organise anything we got court docs through from Northampton Centre. I sent in the acknowledgement of service and contacted the CAB.

 

The date they can apply for judgement is this week- no word from CAB despite trying to get hold of them. I tried UU but they just want us to admit and go away. Asked why we couldn't just put it on a card?? When I said we were on benefits said we could just get it taken from them. I asked why this couldn't have been done when we asked repeatedly- no idea.

 

I need a defense preferably. I hate that I may get a CCJ for a bill I've been trying to sort out and pay.

[citizenB]

I will try and find some help for you.

 

Have you acknowledged the claim and asked for the extra 14 days in order to submit your defence.

 

If you can let us know the date of issue on the claim form - top right hand corner of the claim, we can work out your timeline.

[emmaf01]

Date of issue- 2nd September- I did the AOS on line as it's the bulk centre issuing.

 

My mistake was expecting the CAB to do anything. I passed them everything they asked for and nothing has been done. I know I'm up against the wire now.

[emmaf01]

The particulars of claim are:

 

4**.** is due from the defendant to the claimant for water service charges and any other charges incurred relationg to such at (address). For period to 31/03/2014, full particulars of which have been supplied to the defendant.

 

Is there no way I can fight this? I talked to UU when I got the court claim and they just told me to admit it, get the CCJ and then pay them whatever they want. I have tried the CAB and heard nothing, though they wanted to set us up on a specialist repayment scheme and see if the UU trust could help.

[steampowered]

To be honest I'm not sure there is a technical legal defence here. The best thing might be to get in touch with the water company providing an income and expenditure statement, explain that you cannot afford to pay the arrears in one go and see if they will agree to spread the arrears over some sort of repayment plan. You could consider using form N9A for this.

 

I'm afraid I don't know about the UU trust or specialist repayment scheme, perhaps someone else will have more input.

[citizenB]

This water bill is for an advance payment ? Surely they cant issue claim for something that you haven't had ??

[citizenB]

Issue date - 2nd September + 5 days for service = 7 September + 14 days to acknowledge = 21 September + 14 days to submit defence = 6 October

[emmaf01]

I tried talking to them- as I have when I found out they weren't being paid as we thought.

 

The man was not helpful at all. Berated me for not talking to them previously, even though I had. When I pointed out I had and that I was getting help from the CAB, he said I still should have talked to them more.

 

I asked them previously to go back on direct payment from IS in July but they said they couldn't. Now they say they can do it- if I accept the CCJ.

 

I asked if there was anything I could do to make an arrangement. He said to either pay the amount immediately or agree to the CCJ. I said I'd like to try to avoid that and pay through the Income Support as we'd asked and done before. He said we could only do that now by admitting the CCJ. I asked about the CAB arrangement, he said we couldn't do that, just admit the CCJ. No help at all. Even said I could put it on a credit card.

 

 

We provided the CAB with an income and expenditure . Is that all I can do? I hate that I'll get a CCJ. Its just my name on the court docs, even though my husband's name is on the bill. There goes my credit rating.

[steampowered]

Who did you speak to?

 

It may be better to put this in writing (and provide UU with a I+E statement), though I guess time must be ticking on the court documents.

[emmaf01]

I spoke to a bloke in the "court" section at UU. Previously I just spoke to a usual customer services person.

 

The thing that annoys me is they know I'm disabled from my previous contacts with them when I tried to get it put back on direct payments. They just said that it wasn't possible to go back on that because we didn't owe enough. Instead we had to make repayments of £50 per month which I told them we couldn't afford in one go. They told us no other option.

 

But we apparently owe enough to be taken to court and now we owe enough to make direct payments? Annoying.

 

I managed to avoid getting a CCJ through all our normal debts and get to the other side only to get one for a water bill which most people don't need to have paid in full by now. Argh.

[emmaf01]

I am desperately trying to avoid getting a CCJ from United Utilities for this years water bill, even though this year isn't eve finished yet.

 

Is there no way to defend against this?

 

I tried to get it sorted through UU originally when I realised it wasn't being paid through our Income Support as it had been previously. They said it could not be set up by them to do this again as we had no arrears. They set up a payment plan of about £50 per month which we said was probably not manageable but advised us to try to get the DWP to set up direct payment again.

 

I contacted the DWP and was told a message would be sent to the correct department and they would set up the direct payment again. This wasn't done.

 

We got a letter in Auguat stating the if we couldn't pay to contact the CAB for help. We were seeing them for another issue and they said they could help. They gave us an income/expenditure form to complete but before we could get that back to them the court documents arrived.

 

I passed copies of everything to the CAB but have had no contact from them.

 

I did the AOS on line and have til the 6/10/13 to submit a defence. I've tried speaking to UU but they just said to admit the CCJ and arrange payments or borrow the money and pay up. No other option.

 

Do I just have to bite the bullet and get a CCJ?

[AndyOrch]

Threads merged emma please don't start new threads on the same matter...We will retain it here in the Financial legal issues for now.

 

Regards

[emmaf01]

Sorry about that. I didn't mean to break rules!

 

I'm just desperate! I've now got 24 hours to find a credible defence or they can get a default judgement.

 

Is there still such a thing as a holding defence or is my memory faulty. Or is there just no hope.

 

I nearly filled in the admission forms last night. At least then it would be over. With my health problems at the moment this is just tipping me over the edge.

[AndyOrch]

Yes you can submit an holding defence...pass the error to the DWP that they have failed to maintain the payments from your IS failed to reinstate them and not informed you.