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News of a CCJ on debt I didn't know I had
ace_mcgraw
Posts: 28 Forumite
Good afternoon,
I am very new to CCJ's. I have no idea quite what they are and what they mean.
I had a letter from Anglian Water saying we owed money, and they were sending a notice of default. Whilst on the phone, explaining that they'd never sent anything to me they mentioned there was another account with our name on it that that hadn't been paid and they'd started CCJ proceedings, and sent it all to various debt collectors.
This all started in January apparently and looking at the CCJ, it was placed in Ferbruary this year.
Again, we heard nothing about any of this, and when looking at the CCJ report it had been filed on our names (my wife's and mine), but on an address on the other side of the country. It shared the same street name, number, and even town name but I'm in Norfolk and the CCJ was placed in Leicestershire, and this was why we had not heard anything at all from them.
Anglian Water have admitted and realised their mistake, and I have paid the outstanding balance, but making it clear I wasn't going to pay any extras that had been added on. However, I now need to speak to court to try and get the judgement set aside. I've looked at the gov.uk website where it says that you can apply to have the judgement set aside if you never received any news of the judgement. But it also says about not owing the money as well. Technically we did owe the money, but we didn't know anything about the fact we owed money, or that we were being chased for it.
Where do I stand?
I am very new to CCJ's. I have no idea quite what they are and what they mean.
I had a letter from Anglian Water saying we owed money, and they were sending a notice of default. Whilst on the phone, explaining that they'd never sent anything to me they mentioned there was another account with our name on it that that hadn't been paid and they'd started CCJ proceedings, and sent it all to various debt collectors.
This all started in January apparently and looking at the CCJ, it was placed in Ferbruary this year.
Again, we heard nothing about any of this, and when looking at the CCJ report it had been filed on our names (my wife's and mine), but on an address on the other side of the country. It shared the same street name, number, and even town name but I'm in Norfolk and the CCJ was placed in Leicestershire, and this was why we had not heard anything at all from them.
Anglian Water have admitted and realised their mistake, and I have paid the outstanding balance, but making it clear I wasn't going to pay any extras that had been added on. However, I now need to speak to court to try and get the judgement set aside. I've looked at the gov.uk website where it says that you can apply to have the judgement set aside if you never received any news of the judgement. But it also says about not owing the money as well. Technically we did owe the money, but we didn't know anything about the fact we owed money, or that we were being chased for it.
Where do I stand?
0
Comments
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If the court paperwork was sent to the wrong address then you have a good reason to get it set aside - despite the fact that you owe it.
It sounds like Anglian Water wouldn't contest your set aside claim
Have a read of this http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_courtA smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0 -
I paid AW their money, and they were very happy to have that, and said that once it was set aside they would take the fees off my account too, so I don't think they're likely to contest it, I just wasn't sure if it was all outside of their hands.
Its all a bit scary really. I will be keeping a very close eye on my account from now on!0 -
Thanks for all the information and help guys.
I phoned the court this morning. They said if it was AW's mistake, and they admit that, then it would be cheaper, easier and quicker for me if they applied for it to be set aside.
Thankfully, AW agreed, and have put the wheels in motion. They said that any record of it will be wiped from my records within 6 weeks.
Just out of interest - because the CCJ was against an address in Leicestershire that isn't connected to me, does that mean it won't show up on my records. Just wondering, as since the CCJ has been given to me in Feb, I have got a new phone contract and applied for a personal loan...0
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