Disputing a CCJ

ForeverBlue

I'm looking for some advice as to whether I can remove/set aside my CCJ.

The reasons why I'm disputing this are as follows:
- I received no summons
- I was unable to attend court due to the above
- I did not receive 28 days to pay

Over a period of several years, I amassed a dept of around £700 with a water company.
Due to bills coming out by Direct Debit, I did not receive any letter/bills to inform me of the situation. Just for clarity, somewhere along the line, the Direct Debit failed and I was unaware of this (naive of, I know!).
In March 2013, I contacted the company to inform them I was leaving the property and to give a forwarding address (I own the property but was moving into a rental property with my OH).
During this phonecall to change address, I became aware of the arrears on my account, and asked the operator to arrange a payment over several months.
Assuming everything was now taken care of, I moved house in April 2013 think nothing further of it.
Fast forward to October 2013, a bailiff arrived at my new address demanding that the full amount be paid plus fees and interest.
It was then that I became aware that a CCJ had been issued against me without my knowledge.
No notification had been sent to either of my addresses, old or new, despite me regularly collecting my mail from my previous address.
I'm in a position where I can pay the full amount.
Do you believe that receiving no notification at either address, despite both being known to the water
company stands me in good stead to have it either removed, or set aside after full payment has been made?

Thrugelmir

Difficult to believe that no letters chasing the debt had been issued.

Did you notify the change of address in writing?

You may struggle to argue your case. If the Company has a standard formalised structure for debt recovery. As probability of no correspondence arriving is zero.

ForeverBlue

Thanks so much for your reply.

I didn't notify them in writing, but equally, I wasn't advised to by the water company so I assumed the phone correspondence was enough.

As for receiving any letters, I genuinely didn't. Should vital letters be sent recorded/signed for? I had the money available and would've happily paid it in full as is the case now.

I hadn't moved for 10+ years beforehand, so all of my details, including my phone number were on record.

National_Debtline

Hello there, the following has been taken from our 'set asides' fact sheet:

I did not get the court papers

If you did not get the court papers through the post the court will not always agree that this is a good reason to set aside the judgment. The court is allowed to send the papers to your usual or last known address (even if you have moved). If you have given your creditors your new address then they should contact you there.
If they still send the papers to your old address then you may have good reason for the judgment to be set aside.

If you did not get the claim form, you will usually need to show you have a defence or other good reason as well, for the court to set aside the judgment unless:

• you can prove you gave the creditor your new address;
• the claim was not made following the rules, for example, they were sent to the wrong address, lost in the post; or
• the post office returned the claim papers as they were not able to deliver them.

You can read the full fact sheet here:
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

Hope you find this information useful.

David @ NDL.

rizla_king

If you have good reason to dispute the amount owed then you can try to get it set aside. If the collector knows you are going to try that then they might settle for low amount. Or you can risk it and go for the set aside.

Buzby

You will need to pay the costs of the set-aside which includes the rehearing (always assuming the court is minded to grant this). You then pay the amount owed, and at the revised heating the water company seek to discontinue their action as there is no debt owed, and no claim for costs.

You benefit by having the CCJ removed but the monetary cost to you in getting the original judgement set aside may be costly - ask at your court.

rizla_king

You don't have to pay for any "heating". It's a water bill, not gas or electricity.