Can I contest a County Court Judgement as no email/phone contact was made?

nomadfreedom

I recently returned to my home after some time away to discover that a County Court Judgement has been issued for an unpaid water bill. However, I setup eBilling as I'm away - and the water company never emailed or called me to discuss this issue.

What grounds do I have to contest?

BACKGROUND
I was in Asia on business throughout late 2019 and returned to our UK family home in March, with my girlfriend, who is a foreign national and lives in Dubai.

She was stranded here unexpectedly when the UAE borders were closed, and suffers from severe asthma - so is regarded as 'at risk' from Covid 19. Given her condition, we followed medical advice and immediately isolated at my family's home in the countryside - ahead of this advice becoming enshrined in UK government legislation, later in the month.

I was not able to return to my city-centre apartment until recently - after she had left, and it was safe for me (a low-risk person) to collect my post.

All my bills are on direct debit and set to e-billing. I just transfer over a rough sum each month and the bills are taken out. However, the water that was once on a monthly direct debit changed to six-monthly at some point.

It seems the August direct debit payment bounced while I was away in Asia. It was about £400 and this sum simply wasn't budgeted for.

They tried 2-3 times in August and then started sending progressively more threatening written letters to my apartment- but I was away.

No-one contacted me via email or phone to discuss this issue. I could have easily settled the bill, if they had.

Obviously there's culpability on my part for not being totally on top of my bills - but I specifically requested eBilling, as I'm away so much.

I called up and paid the bill and all fees this week, then spoke to the water company. I was initially told it sounds like there may be grounds to have this CCJ overturned. However, their litigation manager called this week to state that they don't feel there are grounds. She said she believes I WAS emailed regarding the unpaid bill.

I've checked and I WAS sent a generic email stating 'Confirmation E-bill available to view'. However, I receive many of these emails each month from my service providers - even for bills I've already paid.

Just ONE email stating 'payment problem', or 'urgent response required' let alone 'COUNTY COURT' and I'd have seen it and dealt with it.

TLDR

• What grounds do I have to contest a CCJ for an unpaid water bill, given that all communications regarding this issue were made via post - and I'd asked for eBilling?
• I understand I've not been totally on-top of things and have some culpability. But a CCJ seems pretty brutal when there's been zero effort to reach me via my chosen method of communication.
• Should I hire a solicitor to contest this case, or represent myself?

Thanks!

penners324

Why didn't you check the online account when you got email about the bill?
Your chances of getting the CCJ over turned are zero.
The bill has been outstanding since August, lockdown didn't start until March, so already 7 months late. With February's bill also overdue for payment.

Thrugelmir

If the direct debit bounced last August (which is hardly late 2019). Then you would have been aware simply by looking at your bank statements. You received an email as you requested and ignored it on the grounds you receive too many every month. Seems as if you dug your own hole. 

nomadfreedom

It's true, I received a generic email about a bill. But I receive many each month for bills that are automatically paid - so they just don't stand out in my inbox.

Karonher

I would agree with the others - there is no chance. I get lots of emails a day and while some from companies I deal with are advertising I always check them because I have an account and it could be important. I know it is too late this time but maybe advisable going forward.

ryanm8655

I can see your gripe to some extent but agree that you’re unlikely to get it overturned. Ultimately it is your oversight, it’s not their fault you didn’t check your bill and bank account, or that you were out of the country. Lesson learned.

sourcrates

You cannot contest a county court judgement once issued, you can however apply to have it set aside.

But, you MUST meet two criteria for this to happen.

(1) You must have good reason why you did not respond to the original court papers.

(2) You must have a defence to the claim, which would have a reasonable chance of success.

You must also apply promptly.

Both criteria must be met, otherwise you are wasting your time and money.

Galloglass

How much was the judgment for?

nomadfreedom

sourcrates said:

You cannot contest a county court judgement once issued, you can however apply to have it set aside.

But, you MUST meet two criteria for this to happen.

(1) You must have good reason why you did not respond to the original court papers.

(2) You must have a defence to the claim, which would have a reasonable chance of success.

You must also apply promptly.

Both criteria must be met, otherwise you are wasting your time and money.

1) My reason is I was self-isolating so did not return to my home to collect post, and in any event have eBilling to had a low expectation of any need to collect my post.
2) I wouldn't have defended that I owed the water company money. I simply missed the direct debit as it was unexpected and large - and was not given any indication it had been missed via my chosen method of communication (email).

I totally get that I have some blame here.
I also feel that a CCJ being issued with zero communication by my chose channel of communication at any point is a bit harsh and unfair.

Do you think I meet either or both of these criteria?

nomadfreedom

Galloglass said:

How much was the judgment for?

It was only for around £550 (£450 + £100 court costs).

sourcrates

Nope, the only way, the ONLY way, to remove a CCJ, after the first 30 days, is by obtaining a set aside, you have no defence, as you don’t deny owing the money, so you are stuck with it now for 6 years.
Unfortunately that’s how the system works .