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    • I think it would be a mistake not to respond. Although the circumstances were pretty different, we are dealing with a case elsewhere on this forum where somebody decided not to respond to an email and they ended up in subsequent proceedings paying quite a heavy bill of costs. I thought it was unfair and rather Draconian decision of the judge – but it shows that it can happen. It's clear that you will have to accept the money is satisfaction of judgement. However if you want to play them a bit then I suggest  
    • I received the first signs of life from Shell Energy's "legal counsel" regarding the 1st claim and default judgement awarded against them.   I have attached a redacted copy of the letter where they indicate they look forward to receiveing a letter of confirmation.   I am confident I know why they have sent this request and more importantly how they intend to use any response.   I have prepared two options.   1. Ignore their letter (This is probably the best option).   2. Reply succinctly.     Shell Energy - Warrant of Control Response - Redacted.pdf
    • I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount?   Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove    Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds.     Photo of poc is shown above to show how lacking it is in format in particular        Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.     It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement and have sought verification from the claimant.   3.     No account details are given in the particulars of claim linking the claim to the defendant.   4.     It is denied or I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua.   5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request.   7. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • Hi Dixon,   If you don't mind, I'm ignoring the CCJ for the moment.   I'm more interested in what you last said to the police about their failure to investigate the fraud against you commited by FTR Ltd and O'Hara.   If you don't want to post it on-thread, send it to me by PM.
    • ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.   did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.   i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.   on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?   i will guess this is all you really wanted at the start and now at the end of the day.?   would you seriously lose out money wise if this were agreed?        
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HELP: Home Reposession due to overdue water bill


lanesra14
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Hi all,

 

 

We received a judgement from the county court for the reposession of our property if we dont pay the judgement debt of £2,450 and costs of £1,450 for an outstanding Anglian Water debt. This despite us having a arrangement direct with AWS to pay £50 monthly on the current balance.

 

The judgement applies to 2 x charges against the property made by AWS which went to court.

 

Is it possible to defend against this judgement at such a late stage?

 

Judgement was made on 25th Jan giving us 28 days to deliver possession of the property to AWS.

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Anglian Water cant repossess your property they are not the Mortgagee...they can force sale subject to charging orders being attached to a judgment as an execution (CCJ) ?

 

Did you not defend the claims ?

 

They have 2 charging orders for the same debt ? or is it one for the debt and one for costs?

 

Andy

 

 

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OP I think you're a little confused, but as Andy has said above they can't 'repossess your property'.

 

I think you're beyond the point of defending the original Judgment (CCJ) - did you receive a claim form from the County Court? It was at that point you could have defended the Claim.

 

And as for the Charging Order, you will have received a notice of interim charge, and then a Court Date for a final charging order hearing - did you go to this hearing?

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