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Backdoor Southern water CCJ - now Court Enforcement Services HCEO at my door. debt was already statute barred!!


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Hi,

 

I wonder if any one can help or if someone could take this on for me.

 

Southern Water Services Ltd had a leak under a private rented property that I used to live in, from around 2003 up until March 2014, I disputed the charges that they were trying to charge me for when I did not even cause the leak, it was an old clay pipe that was broke.

Since moving out of the property in March 2014 I did not hear any more about it

 

I Had a Letter from Court Enforcement Services, I stated to them in an email that the debt is statue barred as its been over six years since I left the property and refused to pay the water company, I asked under the FOI act for all the information regarding the debt and all they could give me was a copy of a High Court Writ dated August 2020 and low and behold two days later I had a High Court Enforcement officer turn up on my door step (my step son was at the property, I was at work)

 

they phoned me and demand that I pay the full amount of £2,000 but now the debt has risen to £3,000 and was threatening to seize my car unless I paid the £3,000 owed to the water company there and then, I stated that I did not have that kind of money and ask if I could pay £100.00 per month until I can resolve this matter,

 

they kindly phoned me back 30 minutes later and said that I had to pay £600.00 when I get paid at the end of the month and then £250.00 a month thereafter, I did say that would be a bit of a struggle and they would not budge at all, I

 

do find it a bit excessive considering that neither the HCEO no the water company have asked for a financial breakdown of my income and outgoings.

 

Any help would very much appreciated in this matter.

 

 

 

 

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  • dx100uk changed the title to Backdoor Southern water CCJ - now Court Enforcement Services HCEO at my door.

southern water got a backdoor CCJ using your old address

 

when was the last time you paid SW anything please?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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then the debt was already statute barred by the time of the issuance of the claimform by southern water.

have you the CCJ number? if so

 

then you need to go ring northants bulk quote the CCJ number

ask for a copy of the particulars of claim  AND a copy of the judgement by email PDF.

 

forget the bailiff , ignore them , nothing they can do there is no right of forced entry on consumer debt CCJ's.

 

if you wish simply tell him you are going for a set aside as the debt was well statute barred by the time of the court claim.

 

type in backdoor CCJ in our search and get reading.

 

is this CCJ showing on your credit file?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Backdoor Southern water CCJ - now Court Enforcement Services HCEO at my door. debt was already statute barred!!

Shouldn't be too difficult to get the set aside if you read up on it.

We could do with some help from you.

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Hi All,

 

I have looked at totally money, equifax and experian and its not on those but it is on the clear score credit file,

 

I have asked for another copy of the high court writ, it seems to of disappeared of my email server.

 

The only thing i am worried about is that they have a writ that i would assume gives them powers of entry etc, i had asked them prior to there visit by email to CES not to just come and turn up without a prior appointment but yes they did just turn up.

 

The Mrs is really worried that if i don't make the payment next Friday or if I make a set aside claim that they will be back with vengeance.

 

Regards

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No automatic power of entry if they have not gained peaceful entry previously and have a signed Controlled Goods Order listing property with serial numbers and proper descriptions from an Enforcement visit you have signed. I would keep an eye on your car though in case they chance clamping it if its worth enough.  Can't just waltz in with a jemmy or locksmith at random

 

If you make the set aside application and they have been told the dogs will have to step back as if they take anything they will have to return it, also if you pay anything they might argue you accept you owe it and set aside may fail, perhaps DX Andyorch and Bailiff Advice will give some useful advice soon.

 

 Just as a matter of information stepson didn't let them in did he and how old is he, might be relevant if under 18?  Mind you even if he did as you are considering Set Aside, as debt not yours they are still relatively powerless.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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you should of rung northants bulk today

you'll have wait till monday now.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

And when you ring them and get the information DX has asked you to get

 

get the info for a set aside and get the application in,

it should be set aside as was statute barred before a claim was made to your old address

 

so tell your Mrs that you should not have to pay diddly, once set aside bailiff is stuffed, and likely if you phone and tell them you have applied for set aside and it was SB before the water co claimed, they should back off. 

 

Wouldn't look stylish if they took your car while set aside being processed, and then they had to pay you compensation when its granted and likely a good story in the press about theirs and the water co mess up.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Posted (edited)

Hi All,

 

No the stepson did not let them in, he phoned me whilst they were at the door because we have an autistic child in the house and get very upset if things are not of a routine or strangers at the door.

 

I have tried phoning Northampton bulk but could not get through and have since emailed them, will try again on Monday.

 

I did tell the bailiff's when they initial came on the phone that the debt was statue barred but as expected they ignored the information that I conveyed, even after this email correspondence i sent them below on the 2nd May 2022.

 

 

 

To Whom it May concern.

Enforcement Agent Reference Number:  xxxxxxxxxxx

 

You have contacted me about a sum of money owed to Southern Water Services Ltd to which you claim I owe. I have taken advice from the CAB and a Debt advisor and I do not admit any liability for your claim, unless it can proved otherwise then I have no problem in paying any outstanding money owed and would be more than happy to set up a payment plan.

 

This debt was actually in dispute from 2011 to 2013 due to myself being unlawfully overcharged for a water leak outside of a previous property that I lived at and is actually statue barred and has been for a long time, I was evicted from XXXXXXXXXr in January 2014 where this bill originally stems from, to which I then moved to the XXXXXXXXX From: February 2014 to August 2014.

 

Under the Limitation Act 1980 Section 5:

 

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

Also, the Financial Conduct Authority's Consumer Credit sourcebook states the following.

 

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

 

‘Unless you can prove otherwise’.

 

Freedom of information request 2000

 

 

Within this email I am requesting to you under the Freedom of Information Act 2000 to request the following information from Southern Water Services Ltd & yourselves Court Enforcement Services..

 

Please may you provide me with:

 

All Account information relating to this and any other accounts in my name.

 

The address that the ccj paperwork was sent to in 2020 so as to clarify that it was sent to the wrong address, which means that I had no way of defending myself legally in this matter and the judgement could have been set aside.

 

Please provide this information in the form of an email.

 

If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under the Section 16 obligations of the Act, as to how I can refine my request.

 

If you can identify any ways that my request could be refined, I would be grateful for any further advice and assistance.

 

If you have any queries, please don’t hesitate to contact me via email and I will be very happy to clarify what I am asking for and discuss the request.

 

Unless you can provide evidence that you own the aforementioned alleged debt that I owe or evidence of payment or a written contact from me in the relevant period under Section 5 of the Limitation Act, you are no longer able to take any court action against me to recover the amount you allege I owe.

 

If any representative from Court Enforcement Services or associated companies arrives at my girlfriends property without a prior appointment made with myself it will be taken in a vexatious noncompliant manner on your part.

 

This email has been cc’d to The Trading Standards, The Financial Conduct Authority, The Financial Ombudsman and The Legal Ombudsman

 

 

 

Please confirm in writing within the statutory 21 days Which is from the 2nd May 2022.

 

 

 

Yours faithfully

 

Edited by brassnecked
removal of personal; addresses.
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You should simply have put...

the ccj was filed to my old address i knew nothing about it

the debt was already statute barred by the time the claim form issuance.

An n244 is being filed to suspend the warrant and set aside the judgement.

 

I thankyou for your time.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes DX is correct the bailiff isn't there to correspond or be even interested in the why's and wherefore's of the debt  they are there to execute the writ, so might continue enforcement until the Set Aside forms in and Southern Water have to withdraw them.

 

But just sending what DX posted above, would be enough for then to know they were on hiding to nothing so would likely stay away.  If they had entered and caused the Autistic person distress they might also have been in trouble for that.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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On 20/05/2022 at 22:36, nico007 said:

Freedom of information request 2000

Within this email I am requesting to you under the Freedom of Information Act 2000 to request the following information from Southern Water Services Ltd & yourselves Court Enforcement Services..

 

Freedom of Information Act isn't the correct method, that's for obtaining information that should be made available to any member of the public.  You want information personal to you, which wouldn't be disclosed to anyone else.  Or shouldn't. This would be a Data Subject Access Request under the DPA 2018.  

 

FOI only applies to public bodies in any case.

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Thats the kind of mistake and wrong info from using or reading freeman of the land twaddle sites too.

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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