CCJ Help Needed!

CCJaded

Hi all

I'm new to this posting in forums thing, so please forgive me if I post in the wrong place or don't follow correct etiquette etc!

I have recently applied for a position at work which involves a credit check being made against me. The problem is, the check has shown up a CCJ that I had no knowledge of whatsoever! Whilst this remains on my records and/or unsatisfied I am unable to secure the new position

After some investigation it appears that the CCJ relates to an amount of £301 and was put there by the Wessex water company. I can only assume this relates to an unpaid bill at my previous address, but the CCJ is dated December 2012 and I left that address in June 2012! I've now applied to the court for a copy of the judgment so I can get further information.

If the amount does relate to a period I was at the address, and the bill was just delivered after I had moved out, I would of course be happy to pay it. What I am confused about is how can the water company have won a claim against me without me ever having received any bill, particulars of claim or other documentation relating to this amount. I understand it may all have been sent to the previous address, but I would have been easily traceable through the estate agents/landlord of the property so the company clearly never made any effort to find an appropriate address for me.

Does anyone know how I can get this removed? In order to sort this out as quickly as possible would it be possible to pay the amount so it gets marked as satisfied and then apply for its removal/dispute it subsequently?

I was so upset when I found out that this was on my record, and it has now prevented me from progressing in my career. I'm finding it hard to come to terms with how something like this can happen without my knowledge. Any help would be much appreciated!

National_Debtline

Hi CCJaded and welcome to the forum.

Has your employer indicated that paying off the CCJ - so that it then shows as "satisfied" on your credit file - will be OK so far as your new position is concerned? Or do they insist that any record of a CCJ on your file, even one with no balance left to pay, rules out the job completely?

Depending on the answer to the above, you may need to investigate whether the judgment can be "set aside" - certain grounds would have to apply. You can read more here:

https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

Paying the judgment off right now will not enable you to remove it from your file altogether. It would have to have been paid fully within one month of the judgment being entered for it not to remain on file for six years.

The water company is expected to issue proceedings at the last known address they have for you. They may argue that the responsibility for providing up to date contact details rests with the bill payer, and that the onus on the bill payer is to ensure that there are no outstanding liabilities before leaving that address.

It's easy to overlook a potential bill like this one when moving house, and unfortunately water companies can be very quick to take court action as they don't have the threat of disconnection at their disposal.

Best wishes

Dennis
Twitter: @natdebtline

CCJaded

Hi Dennis

Thanks for the reply!

My employer would be happy for the CCJ to either be removed or marked as satisfied, so luckily in that regard I don't have to worry too much about following one particular route.

I will know more when I receive the copy of the judgment, but as I say I'm happy to pay the amount due if it does relate to my use. I think the shock was that this could all happen without me ever having seen any documentation! Wouldn't the water company need to use reasonable endeavors to get an appropriate service address for me?

I have an email in my records from my estate agent which tells me they would be sorting all disconnections etc with utility companies, so I would have relied on this to get everything done. I know this doesn't exonerate, but I have always been so careful with my money and have never had debt problems, it just seems so unfair that this can sully my record when I would easily have sorted it if I'd known anything about it!

Tixy

Wouldn't the water company need to use reasonable endeavors to get an appropriate service address for me?

No unfortunately all they would do is send it to your last known address. If you didn't provide them with a new address or have mail redirection then it is not uncommon for a person not to be aware of court action for a debt incurred at a previous address.