water bill court action help please

wrightk
wrightk Posts: 975 Forumite
in Water bills
Hi hope someone may be able to advise

we moved property in 2012 (council property). I am sure i gave a forwarding address but i cant prove that i did. Nevertheless, the council forwarded on my new address when we moved and we started paying water with the same company at my new property to this day.

I hadn't heard anything about any water debt until last week (6 years after we moved!) when a letter stating that i should contact them urgently (the first letter ive ever received about it) arrived. apparently in 2016 a CCJ was entered against us for non payment of water. I chased this up with the water company who sent all the court paperwork to my old address and apparently knew nothing of my change of address and state that even though they had received a fax from the council of my new address this still meant the 'system' had not linked addresses and it was my responsibility to inform them.

I have since been chasing the court to find out exactly what has gone on and a judgement was entered 2 years ago and we now face the prospect of high court enforcement over water when we hadnt been given any opportunity to defend ourselves. Its possible to apply to have the judgement set aside but this is costly i believe (over £250)

I just wondered if anyone could give any advice?

thankyou
Even a stopped clock tells the right time twice a day, and for once I'm inclined to believe Withnail is right. We are indeed drifting into the arena of the unwell.
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Comments

  • Robin9
    Robin9 Posts: 12,091 Forumite
    First Post First Anniversary Name Dropper
    Do you agree that you did not pay your water rates at this time?

    I get a statement from my water company (Severn Trent) every March which tells me what is due for the year and how I can pay it. How do you pay yours?
    Never pay on an estimated bill
  • wrightk
    wrightk Posts: 975 Forumite
    im not quite sure, as it was over 6 years ago and my online statements and transaction history only goes back to 2012. however due to the amount owed £400 (now nearly £600 with court costs, solicitors costs etc) it would suggest to me that i had been paying it as we had lived at that property for almost 2 years and the water charges are double that figure. i usually pay online
    Even a stopped clock tells the right time twice a day, and for once I'm inclined to believe Withnail is right. We are indeed drifting into the arena of the unwell.
  • Robin9
    Robin9 Posts: 12,091 Forumite
    First Post First Anniversary Name Dropper
    As you have records going back to 2012 are you saying that this debt relates to your previous property ?
    Never pay on an estimated bill
  • fatbelly
    fatbelly Posts: 20,456 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    A setaside application is £255 but there is remission via an EX160 form if you are on benefits or a low income.

    You can set aside a judgement if you
    • have a defence with a real prospect of success
    • have a reason why you did not respond to the court claim
    • act promptly

    If you agree you owe the money, can set up a payment plan, and won't be needing to apply for a mortgage in the next 4 years then there is no particular reason to bother about it.

    If you disagree with the amount owed or have another reason to remove the ccj then this factsheet may help

    https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx
  • wrightk
    wrightk Posts: 975 Forumite
    yes thats right. it relates to previous property
    Even a stopped clock tells the right time twice a day, and for once I'm inclined to believe Withnail is right. We are indeed drifting into the arena of the unwell.
  • Skools_Out
    Skools_Out Posts: 258 Forumite
    First Anniversary Combo Breaker First Post
    wrightk wrote: »
    ...

    I have since been chasing the court to find out exactly what has gone on and a judgement was entered 2 years ago and we now face the prospect of high court enforcement over water when...

    What makes you think that? :huh:
    wrightk wrote: »
    ...Its possible to apply to have the judgement set aside but this is costly i believe (over £250)

    I just wondered if anyone could give any advice?

    thankyou

    Are you saying you don't owe the water supplier the £400 claimed?

    If not, I suggest you pay.
    If you do dispute it then how? And you know what you need to do.
  • Skools_Out
    Skools_Out Posts: 258 Forumite
    First Anniversary Combo Breaker First Post
    wrightk wrote: »
    im not quite sure, as it was over 6 years ago and my online statements and transaction history only goes back to 2012. however due to the amount owed £400 (now nearly £600 with court costs, solicitors costs etc) it would suggest to me that i had been paying it as we had lived at that property for almost 2 years and the water charges are double that figure. i usually pay online

    I'm sure the court, or possibly whoever is now demanding the money from you, will be able to give you full details of why the court was convinced you owed the money claimed ...even in the unlikely event the water supplier themselves are unabvle to provide you the details.
  • wrightk
    wrightk Posts: 975 Forumite
    Skools_Out wrote: »
    What makes you think that? :huh:



    Are you saying you don't owe the water supplier the £400 claimed?

    If not, I suggest you pay.
    If you do dispute it then how? And you know what you need to do.

    Im not disputing the amount, i have made a payment arrangement to clear the balance. what i am disputing is the fact that despite to my knowledge giving a forwarding address, setting up a temporary redirection of mail, the water company receiving official notification of my new address from the council, and continuing to pay water at my current address under the same name and with the same water company, they decided to enter a ccj against me at my old address 4 years after moving and its taken 6 years for me to find out about this by a letter to my new address
    Even a stopped clock tells the right time twice a day, and for once I'm inclined to believe Withnail is right. We are indeed drifting into the arena of the unwell.
  • wrightk
    wrightk Posts: 975 Forumite
    Skools_Out wrote: »
    What makes you think that? :huh:



    i have been threatened on the phone with high court enforcement action by the water company
    Even a stopped clock tells the right time twice a day, and for once I'm inclined to believe Withnail is right. We are indeed drifting into the arena of the unwell.
  • Skools_Out
    Skools_Out Posts: 258 Forumite
    First Anniversary Combo Breaker First Post
    wrightk wrote: »
    Im not disputing the amount,...

    I wouldn't bother wasting your money (and the court's time) on making any application to have the judgement set aside then.
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