CCJ / not my debt never recieved notice

funkyorange

Cut a long story short. Yorkshire Water ha filed a CCJ against me Jan 2011 for unpaid bills. I rung them before I left the property to settle my bill which I did however refused to give a forwarding address as I did not want to get hassled. The new tenants moved in did not register with Yorkshire water, ran up a bill and Yorskhire water filed a CCJ to my old address to me which I didn't get. The monies was also not settled by me but by the tenants.

Applied for mortgage Dec 2011, lots of trouble but found a mortgage with a high interest rate due to my circumstances. I wrote letter to Yorkshire water about the situation and see if they could overturn and they said they could not. Second plan was to get them to write a letter to admit the bill was not my bill and they would not. Only that its been paid.

Now I am a single hard working occupant in a house struggling to pay the bills and refused credit due to my CCJ. Ok sorry for rant.

But I would like to set aside the CCJ in court. What information can I get from Yorkshire Water? I request a freedom of information for phone calls and what they have on file? How long back can I get this data? Or does anyone have any advice on what I should do? In my opinion this bill was not mine and I never received the CCJ so I feel this judgement is grossly unfair.

magpiecottage

Refusal to provide an address at which to contact you does sound like contributory negligence on your part.

You cannot use the Freedom of Information Act to obtain copies of telephone calls but you can make a Data Subject Access Request which MAY reveal one details of a call (but may not).

Angry_Bear

I only have minimal knowledge, but you can file an N244 to request that the judgement be set aside - on the grounds that you didn't receive it. I believe that this is normally more difficult if the debt has been paid (as payment is considered to be "admitting" the debt) but as it wasn't paid by you you should be okay.

Try Disagreeing with a court judgement

funkyorange

Ok thanks for your help both of you.

I think based on this then I could request a freedom of information act regarding my account which should also highlight I didn't pay the sum owed and clear me. Then ask for it to be set aside.

I am annoyed that I was not told that by not giving my new address I would be negligent and could be taken to court over! I was diligent and made sure all my bills were up to date and I told all companies I would be moving!

funkyorange

Thought id let everyone know how this went for anyone else in the same situation.

My CCJ has now been completely removed from my credit reports - its been a year long nightmare, issues with buying a house etc.

I phoned Yorkshire Water and spoke at length to someone senior in the collections department. I was nice and said I did contact them to stop my account but did not provide a forwarding address. I asked about if I could make a request for all call logs with a freedom of information request and about getting a case to overturn the judgement. The operator eventually gave in my request for them to send a request for the judgement to be removed (for a cost of £80). Today I checked Experian and Credit Expert to find out the CCJ has been removed. I am soooo relived this is over.

So it seems being nice does work sometimes! Its been worth it and will save me potentially thousands on my new mortgage term and other financial products I may take out in the future.