Unknown CCJ found - Old address issued at (6 years plus)

AdmiralMack

Hi all, 

Im trying not spam up threads with the same posts so I’ll try and keep everything really simple as just looking for best course of advice.

Over weekend from checking my credit report I discovered a CCJ:

• Issued – July 2023
• Address showing CCJ issued at – an old address I moved out of in 2017
• Time at current address – 6 years plus
• Court Name: Civil National Business Centre

From spending all weekend researching I was half expecting it to be for one of these private parking firms, however having managed to get through to CNBC this morning on the phone they have confirmed the claimant is Thames Water via a legal firm called TMS Legal Services – Blyth.  I do not have the details of the why the claim was made, just the details of the claimant and their reference number that was all they gave me.

I have been a customer of Thames Water for the last 6 years plus at my current address, I was not a customer of Thames Water before this which is really strange.  I have never missed a payment with Thames Water in the 6 years plus I have lived here and can’t understand why a CCJ would be issued by Thames Water, even more so why an old address of 6 years is on there.

I will be looking to set aside this CCJ with the court and will shortly look to complete the N244 form.   Ive been trawling through the newbie threads and previous posts by people but wanted to clarify the best next steps to take.

My first step was to contact CNBC to get the claimants details, should I call them back to try and get info about the claim itself?

Should I contact the claimant to ask about the claim?  Look to make an SAR? And advise I will be looking to set aside?

Should I go ahead with completing the N244 form and request it is set aside? 

I cant understand why Thames Water would issue a CCJ on me, I wasn’t a customer at that previous address and they could easily trace me to my current address as everything is in my name registered at my current address.  I don’t know what the claim is for and, I haven’t been able to fairly have the chance to defend myself either and the judgement has gone against me.

Do you think before I complete the N244 form I should attempt to get details of the claim and what its about from the claimant?  Im just trying to work out the best reason for requesting it set aside by the judge without bombarding them with lots of different reasons and having my application rejected.

I apologise in advance for any silly questions, am just really keen to make sure i follow everything correctly to give myself the best chance to have this set aside, I cant understand why I would have this issued to me, especially given ive been their customer for nearly 7 years at my current address, even speaking to them on the phone on occasions and they have never mentioned anything about any debt/s.  

For the record i have not been in any financial trouble and have and continue to pay everything on time.  

Nasqueron

If you lived at the address in 2017, did you get a final bill from the previous water company when you left and confirm it was all sorted? Do you have your old bills (you might need to confirm this with the old firm). Was it an area Thames covered?

I'd initially ring up Thames and raise a complaint, it sounds like it could be a name mismatch i.e. a debt in your name but for someone else with the same name. With proof of your address history (e.g. electoral role, bank records) and final statement you can get this removed if it's not your debt

AdmiralMack

Thank you for your reply, so ive done more digging and called the court again, they have emailed me the claim details over which result in unpaid water bills between June 2019 - January 2021 at an address I have never lived at and do not even live anywhere near or know of.   The address on the judgement they must of got through tracing me (very poorly) and using any address they found in their tracing system.

Would you advise contact Thames Water or the Solicitors firm who was dealing with it?   The address given is and has never been anything to do with me, i can evidence my current address since i moved in along with bank accounts, driving licence, v5 etc etc.  

I am really surprised a judgement could be made like that without tracing me at my current address as I would not be difficult to find. 

Nasqueron

It depends who issued the CCJ - if Thames enforced it, you complain to them, if they sold the debt, you can still complain but you'll also need to approach whoever took out the CCJ and potentially claim costs from them

AdmiralMack

From the court it states the claimant is TW and their solicitor is TM Legal,  I’ve drafted letters to both and will post them off, ive given 28 days on the letter in which to reply.  

They are requesting money on an address I have never lived at and issued the LBA//LBC letters at an address I haven’t lived at for over 5 years at the time.   I never had a chance to defend myself. 

AdmiralMack

Quick update on this - I have called and spoken to Thames today on the phone and explained the situation.  The advisor has said to me he can see I have lived at the same address since 2017 and that he is satisfied that the account and address they are chasing is nothing to do with me.   

He advised that they will look to ‘remove any credit markers against my name’ and that ‘everything will be reversed by them’.  He said this can take up to 10 days. 

When pressed about the CCJ he said that they would arrange for it to be removed and that he has put clear notes on the system explaining everything for the senior complaints team to pick up.

He has said the removal of everything can take up to 10 days.   I asked for all of this to be put in writing to which he has said that he is unable to but, once I speak to the senior complaints team they will be able to put everything in writing, could be 10 days approx. until they contact me.

He gave me his name and a ‘ticket number’ of the call to use when I speak to anyone. 

Should I sit tight and wait for a call?  Or should I press ahead with the N244 application still? 

KittenChops

You don't want to set aside the CCJ, because it's not yours - you want it removed.
I bet Thames Water could remove it quicker if they wanted to - have you made a complaint?

AdmiralMack

@KittenChops - Yes ideally I want it removed, I spoke to Thames yesterday and they said they agree I have not lived at the address and that they will arrange to have it removed.  I asked for all of this in writing and the person I spoke to said they couldn't but, their complaints team which he has escalated to will be able to.

 

The point of setting aside is, at the very least I would like the opportunity to be served the papers at the correct address and allowing me to defend myself properly.  But yes, Ideally I would rather have the order thrown out.  I was under impression I should ask for it to be set aside first then look to defend on basis its not my debt.

 

My biggest worry at the moment is that the judgement was issued in July 2023 and it is only now I have noticed by checking my credit report after paying off a chunk of my credit card after Christmas, so was just curiosity about that, I found the CCJ by pure chance.  So I am worried about the court taking a dim view that its been 7 plus months.

 

Thames did say they will fix it but I have nothing in writing and I am waiting for the high level complaints team to contact me.  But the guy I spoke to on the phone said he was satisfied it was not my address. 

 

Hope this makes sense, apologies for all the word vomit, its left me really stressed.  I am not one to miss payments or ignore letters, I would of sorted this at the first opportunity had I known. 

Nasqueron

I don't think the court would take a dim view given the debt letters likely went to the old address which you moved out of, that the firm didn't do any traces etc

Unfortunately this is one of these slow things that courts have to deal with

AdmiralMack

Ok so latest, I have been gathering all evidence in preparation to apply to court. Will call Thames for update on Monday but if no help will look to take next steps.

i have gathered: 

tenancy agreement when I moved in 2017
thames water acknowledgement when I moved in 2017

Confirmation email from Thames November 2017 of activation and registration of online billing account creation to current address 

all bills by Thames since 2017 to present day at current address 

all utilities for gas / electric since 2017 to now at current address 

council tax since 2017 to present at current address. 

If I apply to court do you think is enough to satisfy or add more? 

I can do bank account, tv, driving licence and insurance too

debt at unknown address June 2019 - jan 2021

i even have confirmation of registration with CIGAS in November 2018. Should I prepare that too? 

I’ll call Thames for update and confirmation, if not satisfactory should I press ahead with n244 with above evidence? 

AdmiralMack

Correction- CIFAS