Received CCJ Claim Form from Essex & Suffolk Water

voorheves

Thank you vax2002 - so that's the next step!

You're amazing, made my day so much better. I felt likemI was suffocating half an hour ago.

nottoolate

refusal by a creditor to accept an offer of payment by instalments is not a valid defence.

vax2002

there is no such thing as a "valid" defence
The onus is on the plaintiff to prove the case.
Each case is unique.

nottoolate

are you saying the water bill isnt owed in full? if it is then a defence saying the instalments were refused would be laughed out of court. :rotfl:

there are defences that have a reasonable chance of success. then there are other like this which are just a joke based on the deluded understanding of some fotl nutjobs. in fact. would not likely not get to court as would be summarily struck out or the water company would ask for a summary judgement without a hearing under cpr part 24

voorheves

Well. would you mind making a suggestion as to my next move as well 'nottoolate'? I'd be interested to hear any angle, anyone can offer, to consider...

Hayleydd

nottoolate wrote: »

refusal by a creditor to accept an offer of payment by instalments is not a valid defence.

I agree - if the Court can see the debtor is trying to make an effort with the creditor, then the creditor will be made to look an !!!! and be laughed out of court. The ball is in their court to accept or decline a payment. Any refusal to accept a payment will actually make them look "unco-operative, mean, inept" and the situation will work in your favour. Creditors have to understand that it is tough in this day and age, and that not everybody wants to run away from their responsibilities and debts.

debt_doctor

It would seem that you failed to re negotiate your payment plan when it expired. The creditor, as a result has taken court action against you.

The creditor now wants the "security" of a CCJ and im afraid no doubt will obtain it. As said earlier, you do not seem to have a viable defence. You do owe the money, but cant afford to pay in full so the appropriate action is to fill in the n9a and make a payment offer.

People in general think the county court system is a fair one, sadly I can assure you that it often is not. DJs operate often as a law unto themselves, ignoring CPRs, and evidence.

I remember not long ago my colleagues client who defended a money claim on the grounds that the debt was statute barred. The creditor claimed that the client had made a payment 4 years ago, but had no traceable proof. The DJ said " oh yes, I think you will have made the payment, you have just forgot about it"! - Forthwith judgement and interim charge lodged!

Money claims rarely get the scrutiny they deserve.

DD

voorheves

Hi;
Thanks to everyone for their help so far. It really is good to be able to get some impartial advice or discussion. Puts things into perspective.
DD what would you suggest as a course of action at this junction? Is there anything you'd add or deduct from what's been said so far?
And also - worst case scenario - what are my options if it all works out against me?

Many thanks guys

Voor