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

sourcrates

The only way to remove a CCJ, after the initial first 30 days, is to apply to the court to have it set aside.

Creditors cannot do this for you.

A set aside by consent is cheaper, but in any case, as it was issued in error, the claimant should be the one to foot the bill, or at least reimburse you.

AdmiralMack

So quick question, based on this it is probably best I just proceed ahead with the N244 application without waiting for a response from Thames Water? 

 

I have a complaint with them, spoke to one of their customer service advisors last week and they have said they would expect me to receive contact in about 10 working days.    

 

Sounds like its best just proceed with application to the court and not waste any more time waiting?

GDB2222

I think you are getting ahead of yourself. For a start, are you aware that there is a rather hefty court fee for making the application? Are you prepared to pay that without prior agreement from TW that they will reimburse you?

It does sound like TW and you are in agreement that the court judgement should be removed, so you should be making a joint application by consent. If so, I would expect TW's lawyers to be drafting the application, for you to approve.

I’m inclined to think that TW should pay for your legal representation, but maybe that’s making a mountain out of a molehill. 

AdmiralMack

***** Update *********

 

Since I last posted here I decided to not wait for a response from TW and TM legal services and went ahead with the N244 Application to set aside which cost me £275 of my own money.  That was made on 09/02/2024. 

For my written complaint sent to Thames Water back in January I have still yet to receive any written response or acknowledgement from them.

For the same complaint I sent to TM legal services, they have responded on email to say they have applied to the High Court for my case to get the money – that was received 28/02.

I decided to call Thames Water yesterday to get an update and spoke to someone in their Hyderabad call centre.  The inconsistencies I was told by them were staggering.

When I explained everything (again) they said no need to worry, its all been sorted and we are reversing your credit score and we are happy you are not the debtor. 

When pressed what they are doing or have been doing the person I spoke to struggled to answer my questions.  When I said how much the judgement was (1k) they told me they could see the bill had been reduced to 834 and they working on making that zero.  When I explained that the 1k was including the court fees added and the 834 was the original bill they were unable to answer me.

When I explained I was being chased by TM legal (their solicitor according to court details) for the money they simply told me – don’t worry, you can just call them and say we have fixed it so they don’t need to chase you for the money – yes that is literally what they said.

When I asked for this in writing they said they cant because their department doesn’t write letters.  When I asked who could I was told they raised a request but couldn’t tell me who or where to.

When I asked if they would contact TM Legal now that they are satisfied I am not the debtor they said they couldn’t do that but I can contact them and explain.

When I asked why I had not received a response to my complaint from January I was told I need to raise a complaint.

So I have my N244 application in progress which I submitted on 09/02/24.  My worry is TM have emailed saying your case is with the high court now and pay up asap so I am scared I am running out of time and I will have high court enforcement at my door before my application is reviewed. 

All of this is over a debt which has nothing to do with me and the claimant has even acknowledged they are happy its not me but wont do anything about the situation.

I feel so frustrated and at a loss as what I can do here.

GDB2222

TM Legal is a firm of solicitors, and ultimately responsible to the SRA.

I suggest that you make a formal complaint to complaints@tm-legalservices.co.uk, pointing out that you are not a debtor of TW, and they are acting in an oppressive manner. Bring to their attention:
https://www.sra.org.uk/solicitors/guidance/conduct-disputes/

It might work. There might be someone dealing with complaints who has half a brain cell.

Ultimately, you can win this. 

Also, there are a number of newspaper 'agony aunts' who deal with these sorts of things. They'd probably relish your story.

AdmiralMack

Quick update – So the contact that TM Legal made just to clarify was through email and there has been no written letters from them at all.

 

I have written to them again, outlining my concerns and providing copies of all evidence showing my living situation for the last 8 years being at the same address and, not that as quoted on the judgement.

 

I have also sent them a subject access request to ask for all data that they hold on me as I would really like to understand what searches they did when they attempted to ‘trace’ the ‘debtor’.  I have sent off today and given them 28 days to respond.

 

From searching around online I am starting to get the impression that TM Legal are a solicitors in name only and their main business is chasing debts with a view to obtaining the money above and beyond anything else. 

 

Will post back with any updates as and when things happen.   

 

My biggest concern is that by originally complaining to them that has enabled them to obtain my correct details and go straight to the high court to retrieve the money, knowing that there is a strong chance I will get this judgement set aside based on the evidence.  So their objective will be to force me to pay before the N244 application is seen by the court.

AdmiralMack

So interesting development since my last post, I have now received contact from Thames Water following my complaint and the have sent me the following email yesterday.  So I now have in writing from the claimant that they are satisfied I am not the ‘debtor’.   I will be forwarding this evidence on to TM Legal Services as well and see what they say when they get this. 

 

It would seem to me that without getting carried away, a letter/email from the claimant confirming that they are satisfied I am not the debtor and that I don’t owe any money is  a step in the right direction.   My N244 Application has been in for 4 weeks now so I would hope to hear something soon regarding that. 

 

Based on the admission from the claimant do you think this should be enough for TM Legal to cease pursuing me? Or am I likely to still face a battle on the basis that the judgement is still ‘open’?  

Apologies in advance for the below upload, i had to snip it in 3 parts so apologies if it looks messy, I couldn't work out how to upload the document in 1.  Ive redacted some parts for obvious reasons.

GDB2222

I would get back to Thames and ask them to contact TM Legal today. Point out that this is causing you great stress and anxiety, and that you have had to issue proceedings to annul the court decision that Thames obtained through negligently using the wrong address.  Point out that TM, who act for Thames and are under Thames' control, are in the process of applying to the High Court in your case. 

Also, the compensation being offered is clearly ridiculous. You have paid over £200 in court fees. As a bare minimum Thames needs to recompense you for that. 

AdmiralMack

I am still trying to get Thames Water to contact them. You wont believe how difficult it has been to get as far as I have so far and obtained the letter from them. 

What Thames Water have explained so far, although I wont give up on this, is that they will put over all of the information about me but they cant give me a timeframe as this will be done when they next send all of their information over TM Legal.  When pressed about this a vague explanation of some bulk data transfer goes over to them at certain points.  As this was what was said on the phone this could all be classed as hearsay, so I will go back in writing to continue to have everything evidenced.

I have called the court today also to get an update on my N244 application.  They advised my case is expected to be processed on Monday (which will be 4 weeks) and they said it can be between anywhere between 11-15 weeks before a judge is assigned. 

I explained to them the new evidence I have had from Thames Water, the court explained to present it when they grant me a hearing. 

I explained about being chased by TM Legal and they said they could see that currently there are no active writs for me, and that it would not be possible now to pursue any further enforcement due to my N244.  I explained about the threat of the High Court and the lady I spoke to said that includes the High Court also and that there wasn’t anything to worry about.  Can anyone verify that this is correct? I'm getting really sceptical with information I get given by some of these places

I have received another email today from TM Legal, essentially repeating the same thing as before about the High Court.  They have not addressed a single point I have raised with them and instead demand I pay.

A screenshot below of this.

 

 

GDB2222

Given that there is a set aside hearing in the offing, and you have told TM Legal this, and I trust sent them a copy of the application, any Application by them to the High Court would be an abuse of process. That they threaten to do this is oppressive, and so they may be in breach of SRA regulations, apart from them also having a duty to the courts.

I don’t think the court processes are so clever that they would prevent an application to the High Court, though, so there is something to worry about. Frankly, if sheriffs come to the house, just pay them and claim the money back from Thames and TM. 

Have you complained to TM yet? I really think that is your best chance of getting them to stop what looks like an automated process.