Backdoor Southern water CCJ - Bailiffs - set aside - now New hearing - debt was already statute barred?

[nico007]

Will do, I definitely won't bow down or agree to there agreement unless a judge orders me to.

[nico007]

**Update from this morning's court hearing**

 

The county court judge agreed with my original defence and has agreed to set aside the ccj issued by southern water services.

 

Now southern water services have 7 days to submit a re-claim/re-serve of the original claim and i have 21 days to file my defence.

 

Question is

can they, re ccj me for this or is this just a small claims court matter.

 

[dx100uk]

you mean they've been instructed, if they wish, to re submit the claim with a new particulars of claim?

 

dx

[nico007]

No they have not been instructed, that's what southern water services said in court that is their intention to resubmit/serve a claim

 

the judge said that they have 7 days in which to do so and then i will have to file a defence to that claim, so imagine it be a small claims court application.

[brassnecked]

so they will be resubmitting for the original sum plus interest, the HCEO fees now being killed by the Set Aside.

[dx100uk]

but some of the debt is statute barred i bet too.

 

you seem to be getting confused.

 

the judge would have made a further hearing date if this claim were continuing, he hasn't as they did not request it, so this claim is all but dead, however he has given them 7 days to change their mind , if they do the court will write with the new hearing date.

 

if they want to make a new court claim with a differing POC, that will be via the std MCOL route of which the court will send you a claimform pack.

 

i'd be sending SW and sar today.

just in case they do either of the above

 

dx

 

 

[aesmith]

Earlier the claimant said the last payment was in 2013, meaning that their claim raised in 2018 was not statute barred.  This wouldn't apply to a new claim, raised any time from now onwards which will clearly be more than six years from 2013.

[brassnecked]

does that set aside affect the SB date as original claim was within the 6 years?   But any new claim would be if original claim not made, just for clarity.

[nico007]

An sar has been sent today, yes they made a claim in 2018, the ccj on the northampton court service is 12 august 2020.

 

originally mrs kelly who phoned me said the last payment was in 2012 not 2013 so i will see when the sar comes back.

 

on a side note i only have their word that the claim was made in 2018 and the ccj was issued in 2020

[aesmith]

You need to check on both those points in case they resurrect or continue the current claim.  The Court should give you a clear answer on when the claim was first raised, I'm surprised you don't already have that on any of the paperwork.

 

[dx100uk]

Go ring northants bulk, ask for a copy of the original claimform or the particulars of claim and the date on the claimform by email pdf. You will need the CCJ number 

 

There maybe a small charge 

 

Now you also say sw got your last payment date wrong? So what was it?

 

If there is 6yrs between the two, even if they do continue the old claim, then you will be filing our SB defence.

 

A successful set aside merely resets the claim back to as if you'd just received the claimform.

 

Dx

[brassnecked]

Which would mean its SB and they have nowhere to go

[nico007]

Just rang northants bulk centre and all the information they have is as follows: 

 

1. THE CLAIMANT IS A STATUTORY WATER AND SEWERAGE UNDERTAKER PURSUANT TO THE WATER INDUSTRY ACT 1991 (THE ACT).

 

2. THE CLAIMANT CLAIMS THE SUM OF £1370.96 FOR UNPAID WATER AND/OR SEWERAGE CHARGES PAYABLE UNDER S.142-144 OF THE ACT AND THE CLAIMANTS' CHARGES SCHEME.

 

3. THE UNPAID SUM OF £1370.96 IS FOR WATER AND/OR SEWERAGES SERVICES PROVIDED TO THE DEFENDANT(S) AT xxxxx FOR THE PERIOD 01/04/2011 TO 18/03/2015

 

4. THE CLAIMANT CLAIMS INTEREST UNDER SECTION 69 OF THE COUNTY COURTS ACT 1984 AT THE RATE OF 8% A YEAR

 

FROM 18/03/2015 TO 22/11/2018 ON £404.15 AND ALSO INTEREST AT THE SAME RATE UP TO THE DATE OF JUDGMENT OR EARLIER PAYMENT AT A DAILY RATE OF £0.30.

 

Kind regards,

 

U Lally

Helpdesk Administrative Officer

 

County Court Business Centre | HMCTS

St Katharine’s House

21 – 27 St Katharine’s Street
Northampton
NN1 2LH

[dx100uk]

What date was on the claimform?

 

Dx

[nico007]

No idea, that is all the information that the bulk center have.

[brassnecked]

They surely must have a date of issue?

[nico007]

Apparently not.

 

The lady at the bulk center went through all the security questions including the ccj date, case number etc and she emailed me all the information that they currently have regarding the case.

So I would assume it was the same date as the ccj.

Edited September 22, 2022 by nico007

[aesmith]

On 22/09/2022 at 15:22, nico007 said:

4. THE CLAIMANT CLAIMS INTEREST UNDER SECTION 69 OF THE COUNTY COURTS ACT 1984 AT THE RATE OF 8% A YEAR FROM 18/03/2015 TO 22/11/2018 ON £404.15 ...

 

I think that suggests November 2018 as date of claim.  Also note they're now saying the charges claimed are for the period up to 18/03/2015.  Bit of a moving target these dates.  But still, March 2015 to today is more than six years.

[brassnecked]

Yes looks about right, so SB defence looks plausible.  Of course the Claimants Solicitors will try the frightener's.

[nico007]

Hi,

 

Just an update and a little help from the original post below:

 

I have received a letter from the county court, which is attached as a pdf, now I have a few questions:

 

1, Do i have to fill out an N180 form?

 

2, If they are successful in the small claim track does that mean that they can then reissue a claim to the high court for another writ to send high court enforcement officers out or would it be a case of debt collectors coming round as the original CCJ has been set aside.

 

Thank you all for your help in this matter and hopefully I will get some resolution to this.

 

 

 

 

N149a.pdf

[dx100uk]

if you look thats a copy of what the court has sent to the claimant!

 

nothing for you to do AFAIK

[dx100uk]

is that claim number the same as the org CCJ?

 

dx

 

[nico007]

Hi dx100uk,

 

Yes, it the same claim number as the original.

[dx100uk]

then the next move is not yours.

 

its a proposed N149a

the claimant might not action it.

 

 

 

 

[dx100uk]

thats an n149A PROPOSED allocation... not IS allocated...

await the N157.

then your blank N180 from the court IF the claimant wants to risk losing and forking out for more fees and your costs and LOSE.

the debt is statute barred.

 

3 hours ago, nico007 said:

2, If they are successful in the small claim track does that mean that they can then reissue a claim to the high court for another writ to send high court enforcement officers out or would it be a case of debt collectors coming round as the original CCJ has been set aside.

 

we normally see no further action from a DCA if a claim fails.

 

IF IF IF they win, then yes they could use either county court bailiffs or HCEO's , but as explained before you would be informed of them returning to court to TRY an enforce via bailiffs, REMEMBER...this is a consumer credit debt, there is NO right of forced entry allowed , so to all intent and purpose, they can simply be ignored and they will return the claim the claimant.

 

you seriously need to be reading up...

 

you should not be vanishing for 3 mts and not self helping....

you've been here since 2009 and know the score...