Post for work colleague, Severn Trent CCJ for previous property

spinningsheep

Hi all, I am posting for a colleague at work, hope someone can help. He moved out of a housing association property approx 14 months ago and moved home to his parents to save money for a mortgage deposit, all utility bills settled and all providers notified etc. He has just last night received a phonecall from Severn Trent asking for over £300 in unpaid water charges up until present day, for a period of time he did not live there. They told him a CCJ has already been issued against him, and upon checking his credit file online indeed one has. He has had no correspondence at all to his new address, nor has ST tried to contact him on his new landline number, up until this collections call. He can prove he did not live there during the time in question, and the housing association will provide him with a letter to that effect, but ST have basically said "tough, the CCJ stands, pay up or we'll enforce the CCJ and instruct baillifs". Where does he stand?

macman

Did he give ST his new contact details, and did he close and settle the final account when he moved out?
He should send the proof of tenancy to them by recorded delivery with an appropriate letter.

spinningsheep

Cheers macman, he did inform ST that he was moving out, as he did with the gas and electricity, but ST are saying they have no record of this and have been sending letters etc to his old address and contact attempts made on his old landline number, yet new contact details were given to them when the account was closed down, and they contacted him on his new landline number, he is also on the voters roll at the new address. He has been to see the housing association, Aspire, and they have given him a rent account statement showing the point which they vacated the property. He is sending this to ST with a covering letter via recorded delivery. Surely they will have to remove the CCJ?

Gothicfairy

Well according to someone here a water company does not get CCJ's so wonder what they will make of this.....

Anyway as has been said if he provides proof of move out date the bill can be recalculated and if he pays that amount the CCJ will be satisfied

spinningsheep

**Right folks, update.**

Colleague has finally been able to supply them with the proof that he did not live at the property at the time, after numerous failed emails and faxes. They have acknowledged that it was their mistake and that in fact he owes just £13.....however.....they are refusing to remove the CCJ as in their opinion it was fair and justified based on the information available to them at that time!

How on earth can this be right? They have agreed it was their mistake and he doesn't owe more than £13, yet they are still holding him to the CCJ and £206.66 in court fees....for their mistake! He has 21 days to appeal and ask the court to set aside the CCJ but they WILL oppose it.

Surely this is a p*sstake?

Cardew

Have they actually acknowledged 'it was their mistake'? Or with proof that he had moved, they have recalculated the bill to £13. They are two completely different situations.

If he had not notified them he was moving, they haven't made a mistake. It all seems to depend on that issue - notification.

Can he prove that he notified Severn Trent he was moving? Was it in writing or a telephone call? (they might have recordings of telephone calls)

Did he not arrange for any mail to be forwarded to his new address? - then he would have got the water bills.

Frankly unless he can prove he notified them, IMO he hasn't much of a chance. Especially as he did nothing for over a year to obtain a bill that he should have known was outstanding.

samsmoot

Gothicfairy wrote: »

Well according to someone here a water company does not get CCJ's so wonder what they will make of this.....

Whoever that 'someone' is doesn't deny that water companies 'get' CCJs. What they do do is disagree with members of this forum advising others that water companies will 'issue' CCJs unless they pay up pretty damn quick - and never mind all the court procedure or disputation that's required inbetween.

I think the 'someone' advised those members to set up their own forum and call it 'moneyspewingexpert.com'.

BASFORDLAD

He should be successful in getting the ccj set aside purely on the basis of him not getting the claim form.

They wouldnt be successful in opposing this.

mart.vader

This OP's problem illustrates the arrogant attitude of water companies that Samsmoot and I find unacceptable, but everyone else seems to find OK.

And that's without mentioning fraud.

ValHaller

Gothicfairy wrote: »

Well according to someone here a water company does not get CCJ's so wonder what they will make of this.....

Anyway as has been said if he provides proof of move out date the bill can be recalculated and if he pays that amount the CCJ will be satisfied

Yeas., but this is about getting it set aside. http://www.sarginsonslaw.co.uk/Case-Studies/139/Setting_aside_a_County_Court_Judgement_%28Judgement_in_Default%29.html indicates that a CCJ may be set aside under CPR 13/3 1) (a) the defendant has a real prospect of defending the claim