South West Water chasing 2014 CCJ payment

[Vana]

We owned a property which was sold 2 years ago.
The property was a rental, and we lived in it for about 1 year whilst renovating,

then after that it was empty as the mortgage company refused to allow us to rent it.

During the  year  we lived there SWW asked if we would like to reduce our bill by changing to a metre, so we said sure why not.
Soon after the normal bill of about £40 a month turned into £400 a month.
Turns out we had a leak, they told us it was on our side and we had 30 days to fix it.

It took us about 4 months to fix, as the pipe was on the downstairs neighbours property and they would not authorise our plumber to dig their garden up (fair enough, as it was a lovely garden!)
Eventually it was done, at a cost of £1000 to us, SWW said because it was not done within 30 days they would not reimburse us.

They sent us a bill for £1500 this was 7 years ago.
We told them to go away, and that it was ridiculous and we would argue in court with them.
We never heard anything else from them, and assumed they had realised how ridiculous they were being.

Fast forward 7 years later, and they sent a bill to a relatives address asking for £4000, saying it was for the period of June 2019-October 2019.

I just don't know what to do, we don't own the property anymore, and I don't feel that we should have to pay £4000.
After we moved out, the property was empty until sold, with the water turned off on our stop cocks.

 

Also this relative is frail and old and if a bailiff turned up she would be so scared (although it is a bill not a summons at this point)

[dx100uk]

not your problem

you don't live there nor own it and can prove so.

 

dx

 

[Vana]

 Thank you dx

I am mildly freaking out, just cos I am 8 months pregnant, and don't want to be dealing with these numpties again.

 

At the time it was all happening, we offered them £480 which was the amount for a year before the metre was fitted and tehy refused.

 

We told them we would contact the ombudsman (never did), and to not contact us again.

Just so peed off that they have decided all these year later to chase us

 

Should we ignore, or write 'Not know at this address' and post back to them ?

[dx100uk]

you say this is a new bill for use from June 2019-October 2019

not your problem.

 

if its for the old bill

its statute barred now.

 

dx

 

[Vana]

Thank you dx

 

I guess they have just kept rolling the amounts over and over, and then said it is for this bill period.

Which surely is not legal in of itself.

 

[dx100uk]

they cant do that

is it SWW or shumans chasing?

[Vana]

It is just a normal SWW bill, as if we still live there or own it.

MAybe they are just trying it on !

[dx100uk]

write and tell them you moved out in date .

 

dx

 

[unclebulgaria67]

As part of the process of changing from an unrestricted supply to a meter, the water company are supposed to check for leaks. The get the house occupier to turn off all taps etc and then see if water is still being used. 

 

I know when I enquired with Wessex water, that this was their process and they would not swap to a meter, If there was a leak occurring. Then it would be necessary to fix the leak,  before the meter work could be rescheduled.

 

I wonder whether SWW noted an error and therefore they have not taken this to Court when they could have.

 

As dx says, you need to write back confirming where you live now and that the address xxxxxx  was sold on xxxx date..  If you have not paid or admitted to a debt within the last 6 years, tell them it is now statute barred under limitations act and they should cease writing to you. State that you are vulnerable, as you are within a month of giving birth.

[Vana]

Thanks UncleB

 

We don't actually have an address at the moment, we use the relatives as correspondence.

We move around alot and have just come back to the  area to have our baby, and then we will be off again.

Should I continue using the relative as correspondence ?

[unclebulgaria67]

Your relatives address is probably on your credit record.

 

If you have no alternative address, then you have no real choice.

 

Are you always in the UK or are you resident abroad for periods ?

[Vana]

Hi UncleB

 

We are always in the UK.

Will be in an airbnb for the next month and a half, then back in our RV when the baby is born.

I am a bit wary of writing to them, what if they try and get us to admit liability - can they do that ?

[dx100uk]

no.

just send them a letter co. an address you'll know someone will tell you about any letters

 

 

[Vana]

Hi Everyone,

 

 

Have heard nothing else from SWW since, but tbf have moved about 4 more times.

This afternoon received a letter to my neighbours address, she posted it through my door. The letter is from SWW saying :

 

As you are aware the CCJ against you remains unpaid and we are now considering applying for a Writ of Control, charging order, or attachment of earnings to recovery the outstanding balance.

Breakdown of costs £122.75 High court writ charge

£90 compliance state charge

£228+7.5% of debt value for Stage 1 Enforcement

£594 Stage 2 listing of goods

£630 + 7.5% of the debt value if judgement debt is >£1000

 

I had no idea we had a CCJ ! I have clear score but my married name is different so maybe that's why nothing shows.

 

I really can't afford to pay them £4000+ and I want my day in court to argue at how unfair it is, does anyone have any advice what to do now ?

 

They did not include a letter about the CCJ (number or anything about which court it was at), or even the amount they want us to pay.

 

 

 

[dx100uk]

So you dont own any property now?

 

Dx

[Vana]

No, but due to purchase one next year, the one we live in currently, is owned by a family member who will sell it to us at a reduced rate - we pay rent here !

 

Trying to save for a deposit, but doubt we can get a mortgage with a ccj

[unclebulgaria67]

Why did the High Court Enforcement Officers post the letter through the neighbours door ? Is the neighbour where you live now ?

 

Can you prove the debt for the water usage goes back to 2012/2013 and that SWW creating a debt in 2019 is an error ?

 

You can find out the CCJ detail and contact the Court that dealt with it for a copy of the claim, plus the judgement.  To find out details the County Court Centre that handles claims made online can be contacted on 0300 123 1057.  They may be able to confirm who to contact to get hold of the claim details.

 

If the debt is erroneus, you could look to get it set aside on the basis that you did not receive the court claim and you have grounds to challenge the debt.   

 

Getting a mortgage with a CCJ may be possible, but the mortgage lenders available would be charging a much higher interest rate.

[Vana]

It wasn't a high court enforcement officer, just a regular letter from SWW.

We haven't received the court stuff or anything, I will call the number tomorrow thank you so much.

 

I imagine I can prove it, I still have the receipts from the pipe repair we undertook ourselves as SWW claimed it was on our side of the boundary.

No the neighbour isn't where we live now, but SWW seem to think we do.

[dx100uk]

well re reading your thread, i see that you must have omitted to inform SWW of a CO ad whereby you'd atleast be told mail has come. silly really as it could have prevented all of this hassle you have now.

 

are all your old addresses showing on your CRA file?

 

looks like SWW got a backdoor CCJ at an old address.

 

i would be ringing northants bulk and asking for a copy of the judgement CCJ and a copy of the Particulars of claim by email PDF

whilst you have them, ask what address the claimform was sent too.

 

dx

 

 

[Vana]

I don’t think it’s silly, it’s absolutely idiotic !

am really cross with myself, it’s the perfect example of the “oh it’ll just go away if I ignore it” mentality. 
I hope anyone reading this in a similar position makes sure that they don’t make that mistake

 

Yes, all old addresses are showing. 
Will ring northants bulk and finding out as much as I can today. 
 

Do you think I have a leg to stand on to set aside the ccj and start again?

I do want that day in court, as it’s really unfair to charge for a broken pipe which would never have been discovered had they not harangued me into getting a metre. 
It cost me over £1000 to fix the pipe, and there was never any help towards it because they said it was not done within the allotted time. 
impossible to achieve as the pipe was located in another persons garden, which had to be dug up !

 

Just phones northants bulk and they said they can’t give me any details as they don’t have a search facility and I don’t have a case number 

[AndyOrch]

Have a look on the CCJ registry it may provide more information. (small fee)

 

Home

WWW.TRUSTONLINE.ORG.UK

 

 

 

[Vana]

Well interesting.

Paid to check CCJ with TrustOnline on 4 different addresses and no records found for CCJ's

[dx100uk]

ask SWW for the CCJ number?

[Vana]

Yes good idea.

I was trying to avoid phoning them I don't know why !

[AndyOrch]

That's if there is any Judgment