CCJ issued to a previous address to the address of the debt

jaynengary

Hi all

I have a difficult situation going on with our friends at Severn Trent Water.

In 2011 we move out if a 6 month rental and in all honesty, didn't give any outstanding utilities any further thought as our letting agent was to forward these on to our new address.

In 2013 we were contacted by a debt collection agency advising of this small debt of around £100 to which we immediately paid.

We didn't know at this time that a CCJ had been awarded to us and was only 6 months ago when we looked at our credit file that we saw this.

It appears the the address the ccj was awarded to wasn't sent to the address the actual debt related to, but was actually sent to the address we had lived in prior to that address!

I can understand them sending it to the address relating to the debt although we had moved out at this point, but to actually send it to an address we have lived in prior to that beggars belief!

I have filled out the relevant court form advising of this and sent off w x £15 cheques to get it removed for both my husband and I, but it appears they have simply marked it as settled and have requested £155 to get it fully removed!

It's an awful lot of money to pay out when we believe that it wasn't entirely our fault as how could we have known when such correspondence was sent to an old, old addrrss we had over in prior to the house in question the debt related to.

Any help would be gratefully received. I have looked at various links which only give advise if it was sent to an address you don't live at is on the address the debt related to but nothing on this scenario

Thanks guys

jaynengary

Wow! Got out the bed the wrong way my dear? I did not walk away....we moved out and I never gave water a thought! ! We were there a matter if 6 months and as we had never received our bill throughout our time there (water bills come 6 monthly) it never entered our Head.

If you take the time to read my thread properly and not just pick out words and sentences you prefer, you will of course notice that I did in fact pay the debt as soon as it was brought to my attention in 2013!

It was only couple months back that I realised it had in fact caused a judgement against me.

I thank you for your reply but listen to what your mother says, if you ain't got nothing nice to say, then say nothing at all!

Bid you a good day my friend :j

fermi

Welcome.

When was the judgement for the CCJs?

Paying or getting a certificate of satisfaction doesn't remove the CCJ entries. To get it removed it would need to be set aside with that more expensive fee, or voluntarily removed by the creditor. Set aside applications are never guaranteed to be successful.

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

It will come off your files anyway 6 years from the judgement date.

1st option is probably to complain to the company formally, at then go through their procedure up to and including getting any ombudsman/3rd party dispute service that it can be taken to.

See: http://www.ofwat.gov.uk/households/complaints/

and also via

http://www.resolver.co.uk/complaints/water-complaints

jaynengary

Thank you for the warm welcome and the advise....much appreciated!

I have wrote to Severn Trent now as per your advise and will await their response before following up with information on the links provided.

Thanks so much

Aquamania

jaynengary wrote: »

Hi all

I have a difficult situation going on with our friends at Severn Trent Water.

In 2011 we move out if a 6 month rental and in all honesty, didn't give any outstanding utilities any further thought as our letting agent was to forward these on to our new address.

In 2013 we were contacted by a debt collection agency advising of this small debt of around £100 to which we immediately paid.

We didn't know at this time that a CCJ had been awarded to us and was only 6 months ago when we looked at our credit file that we saw this.

It appears the the address the ccj was awarded to wasn't sent to the address the actual debt related to, but was actually sent to the address we had lived in prior to that address!

I can understand them sending it to the address relating to the debt although we had moved out at this point, but to actually send it to an address we have lived in prior to that beggars belief!

I have filled out the relevant court form advising of this and sent off w x £15 cheques to get it removed for both my husband and I, but it appears they have simply marked it as settled and have requested £155 to get it fully removed!

It's an awful lot of money to pay out when we believe that it wasn't entirely our fault as how could we have known when such correspondence was sent to an old, old addrrss we had over in prior to the house in question the debt related to.

Any help would be gratefully received. I have looked at various links which only give advise if it was sent to an address you don't live at is on the address the debt related to but nothing on this scenario

Thanks guys

This sounds very odd.

Whilst a complainant can effectively put any address they want on a summons (and hope it doesn't get returned as 'not at this address'), it can cause difficulties in trying to enforce a judgement then granted in default.

What's more, if they have gone to the bother of getting a CCJ, I don't really understand why they then employed third party debt collectors. The court has it's own bailiffs available to use ... as well as other possible enforcement possibilities.

When you say you settled the bill, what was the bill for exactly? Did it also include the CCJ costs?
If so, then that may be difficult to get the CCJ set aside now (as paying the amount is akin to admitting you owed it)
If not, the you still owe the claimant money as per the judgement made against you.

I'm not sure who you are paying £15 to, or who is demanding £155 to get the CCJ annulled, but that sounds like a scam - the only way to get an existing CCJ set aside is to go back to court and ask them to do so (which may or may not happen)

jaynengary

Yay! Severn trent have admitted it was done in error (so to speak) and the courts have now removed this and it's been removed also from our files....severn trent are also reimbursing us all of our costs!!

Thanks to all who have helped on this mission