Water Companies Taking You to Court

Utility_Warrior

In July of this year I applied for a mortgage for a new build home. The mortgage was approved and I had to exchange quickly while waiting for the house to be built. I couldn't quite get the full deposit so I decided that I would take out a loan for the balance. I am in full-time employment and my credit score is 900!:A So I was very shocked when I discovered that I couldn't get a loan. I checked my credit rating and noticed that I had a CCJ on my file for £1467. I checked with the court and was told it was Anglian Water. I had had problems with this company in the past as I was paying 1 account but they had set up another account for me which they were chasing too. They couldn't seem to get my details right so I advised them I would not pay anymore until they resolved it. They seemed to resolve it and I gave them my direct debit details. So you can imagine my shock when the CCJ they had registered against me was registered at a property I had not lived in for 7 years!!! Anyway I applied to the courts to have the judegement set aside. They phoned me yesterday and said that they would set the judgement aside give me a £100 credit on a £1000 bill. As I have been unable to complete on my new house because I cannot raise the finances I actually think that their erroneous way of trying to sort out my water rates has caused me such financial stress they should wipe the whole thing off. Does anyone out there know if I can counter claim for damages and how I go about doing it? Thanks for anyone's advice :T

Cardew

Anyone can make a claim in the small claims court.

That would normally be to claim money owed or that their actions had caused you a financial loss.

However I suspect you would have to prove that you were unaware you owed the money, and the company had not informed you of your debt.

Given that £1467 is presumably for several years water supply, that might be difficult to prove.

Premier_2

Utility_Warrior wrote: »

...Anyway I applied to the courts to have the judegement set aside. They phoned me yesterday and said that they would set the judgement aside give me a £100 credit on a £1000 bill. ...

Who phoned you? The court? Because only a court can set aside a CCJ ... and certainly wouldn't be offering you £100 credit.

Courts don't normally do this type of thing over the phone; they write to you.



Are you confusing a CCJ (County Court Judgement) with a default on a credit agreement?
If so, you probably confused the heck out of the court you applied to.

Edit: no it must be a CCJ as you discovered that from the court according to your post

Utility_Warrior wrote: »

...I checked with the court and was told it was Anglian Water...

Utility_Warrior

Who phoned you? The court? Because only a court can set aside a CCJ ... and certainly wouldn't be offering you £100 credit.

Courts don't normally do this type of thing over the phone; they write to you.



Are you confusing a CCJ (County Court Judgement) with a default on a credit agreement?
If so, you probably confused the heck out of the court you applied to.

Edit: no it must be a CCJ as you discovered that from the court according to your post

Anglian Water phoned me and have reduced the bill. One has to apply to the court to have the judgement set aside. It then goes through to the other party. The other party Anglian Water phoned me. They had 2 accounts for me one in my name Miss $ &^%$£"! and one in my full name Miss ^&*( *&^%$£"&( &^%$£"!. Hence the reason for the complete and utter !!!! up. I was paying one bill they took me to court on the other. As I explained they have erroneously taken me to court!!!! I'm just saying 1 beware and 2 does anyone out there have any experience of counter claiming?

Premier_2

It's for the court to decide whether you have valid grounds to set aside a judgement, not the other party.

The court may send you a date to go to a court hearing to discuss the reasons for your application with a District Judge. The application will be transferred to your local County Court for the hearing. In some circumstances the court can decide to allow your application without the need for a hearing. If this happens, you will hear back from the court that the judgment has been set aside.

http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

It shouldn't matter how many accounts they have in your name - worse case scenario should be that the sum of all the accounts shouldn't exceed the sum owed for the consumption.

Utility_Warrior

Premier
I have posted on here to ask for help and advice. It is quite obvious that you have little or no knowledge of how these things work and that the little work I have carried out so far has proved that Anglian Water are very much in the wrong. You cannot have 2 bills for the same supply. Please do not post your opinions on here, your advice is flawed and you show little understanding. I would be grateful to others who have genuine answers and experiences with utility companies who are in such a muddle with their admin that the consumer gets hurt by it's disfunctional and bully boy tactics. Premier we have enough strife in the world without you adding to it with your unhelpful and unknowledgeable answers.
Thank you

Utility_Warrior

An update to anyone else who may have had a similar experience. I, quite correctly, applied to the court on a N244 form. Anglian Water have contacted me and now sent me a correct bill for half the amount they sent me to court for being just 1 account for the last 2 and a half years. They have written and advised both myself and the court that they agree to have the judgement set aside. I am just wondering if anybody else out there has had a similar experience with any utility company which has caused them financial hardship due to their error. Whether it is on lawful or moral grounds their inability to deal with my account correctly has caused me many problems even though I kept in touch with them over the years to get it right. I would be interested in hearing of anybody else's experiences.

DVardysShadow

Utility_Warrior wrote: »

Premier
I have posted on here to ask for help and advice. It is quite obvious that you have little or no knowledge of how these things work and that the little work I have carried out so far has proved that Anglian Water are very much in the wrong. You cannot have 2 bills for the same supply. Please do not post your opinions on here, your advice is flawed and you show little understanding. I would be grateful to others who have genuine answers and experiences with utility companies who are in such a muddle with their admin that the consumer gets hurt by it's disfunctional and bully boy tactics. Premier we have enough strife in the world without you adding to it with your unhelpful and unknowledgeable answers.
Thank you

UW, I think Premier does have a very good idea of how these things work - and the things you are criticising him for appear to me to be as a result of how you have written up your problem. For example, you are ambiguous about who is setting the judgement aside and it is only in your second post that it becomes apparent that there are 2 accounts involved in this.

While AW can certainly agree to an application to set the CCJ aside, it is actually the court which does it, so fair enough to premier for trying to get to the bottom of whether it was a CCJ or a default. Premier's answers are only unknowledgeable and unhelpful to the extent that your problem was not fully described. Please cut him as much slack as you would like cut for yourself.

sardarji

Utility Warrior, I came upon this thread by pure chance. To be frank, I think you owe Premier an apology. I read his posts and it never even crossed my mind that there was anything unhelpful or ignorant in them. And even if you thought differently, the tone of your comment was hardly the sort that helps this sort of forum stay useful--it's not just a typical bloggers'-rumpus-room, it's people trying to help each other, as I hope I am now. Let's be rude to and about the water monopolists, not each other.