CCJ from southern water

bus10rlh

hi, i recently looked on my credit report and found a ccj from southern water on it. to cut a long story short t wasn't mine. i had moved address but had no informed them and hence they continued to bill me for 4years. They have sent me a letter admitting that the bill wasn't mine but are unwilling to get the ccj removed as i had not informed them i moved out. They have said that i can contact the court to have the ccj set aside and that they would not oppose the application, also there is a fee that i would have to pay.

This all seems rather immoral to me that i have to pay a fee and go through the courts when it was southern waters mistake. Can anybody give me some advice on how to deal with this matter

Many thanks
Rob

barbiedoll

To be honest with you, it wasn't Southern Water's fault, it was yours for not letting them know that you had moved out. Obviously, they would have chased you for the money if they thought it was your debt, that's why they obtained the CCJ. You can't really expect them to pay your fee to get your CCJ set aside now!

There's a lot of help and advice here...

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083

If you follow the link on there to the National Debtline, they may tell you what the fee is to apply to the courts for a set-aside. (I would look myself, but am short of time!)

Daisy_Duck

This might be useful info-

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

Good luck

bus10rlh

@barbiedoll, i understand i should have informed them of the fact i moved out, and hindsight is wonderful. however i dont accept that they should have the right to have a ccj on me when they havent proved its mine(which they admit it isnt) and also surly the people who moved in should of informed them. Southern water have said the account was opened in my name 3 months after i moved out. Why should i pay fees when i've proved this? It just seems companys can do what they like without proving anything.

Thanks
Robert

king100

bus10rlh wrote: »

@barbiedoll, i understand i should have informed them of the fact i moved out, and hindsight is wonderful. however i dont accept that they should have the right to have a ccj on me when they havent proved its mine(which they admit it isnt) and also surly the people who moved in should of informed them. Southern water have said the account was opened in my name 3 months after i moved out. Why should i pay fees when i've proved this? It just seems companys can do what they like without proving anything.

Thanks
Robert

What do you expect, you didn't inform them of moving out. If you had, then a bill couldn't have been put back in your name.

Why haven't you gone to the police and reported fraud? In respect to the new bill being in your name.

So you have to pay £75 for your mistake at least you wont do it again. Small price to pay to have a CCJ removed.

bus10rlh

it is a small price to pay, and i will pay it if required. But why can companys put a ccj on your record without proof its your debt? I've proved its not mine, so they should take it off regardless of weather i have informed them if i've moved out

barbiedoll

But they could only prove that it was not yours AFTER you informed them that you no longer lived there. Which was long after the CCJ had been granted!

They are legally obliged to ensure that they are pursuing the correct person for the debt. As far as they were concerned, you were living there at the time, therefore you were responsible for the debt. You hadn't told them otherwise and you can't expect the new occupiers to be responsible for forwarding your mail. (I know they should but you can't rely on it)
As you have now told them that you weren't there and the debt is not yours, they are happy to accept that. But the responsibility for removing the CCJ is yours and you will need to pay for it.

£75 is cheap when you consider what it will cost you in terms of the damage to your credit record. With a CCJ to your name, the only people who will ever lend you money will be payday loan companies. :eek: And you will get loads of hassle if you want (for example) a contract phone or a new bank account with an overdraft.

I know it's annoying but consider it a lesson learned. Utility companies will use the most current information that they have and the courts will agree with them. If no-one knows where you are, they cannot contact you with "surprises" like a CCJ hearing. Keep everyone updated in future!