Ccj for old address

[Lck1986]

I left my ex husband in 2015. I told Anglican water as did he that I was no longer living at this address This was verbally and not in writing. In 2017 he was served a ccj for non payment of bills which he paid but he did not tell me that my name was showing on the bills and court papers. This has affected my credit score to the point where I can't get credit. Anglican water apologised and removed the history from my credit score and wrote a letter saying that I was not liable for the bills, I also have a letter from my letting agent saying I moved out in 2015.

I have applied for a judgement set aside and have a hearing date. I have received a letter from Anglican water saying that they are deciding whether or not to defend the ccj ... But previous letters said I wasn't accountable? My exes name is on the judgement set aside too but in he is liable for the debt it is only me who is trying to get it removed.

Can anyone advise me on what to expect in court? I sent the letters from Anglican water and the letting agent with my initial form do I need to send these again? Everything I read online said the court might settle this without a hearing so feeling quite anxious. If Anglican water don't defend so I still need to go to court?

Thanks for reading

Laura

[charitynjw]

Hi

I suspect that, as both names were on the utiliity bill, you would both be jointly & severally liable for any debt accrued.

http://www.duhaime.org/LegalDictiona...Liability.aspx

In fact (from Debt Camel website)

Water bills: Adults living in a property are jointly responsible for paying water and sewage charges, even if only one person’s name is on the bill. If the named person leaves the property, the water company is likely to chase the person who still lives there for previous debts as well as future bills

https://debtcamel.co.uk/joint-debt/

[Lck1986]

If they accept that I left in 2015 does this mean that I will be liable for his water bills forever? It seems unfair as this was not even a joint debt this was more than 2 years after I had left the property.

[charitynjw]

Strictly speaking you should have informed them in writing/by email at the time. (Easily overlooked, I know.)

You could *write to them again (is there someone there (Anglican) that has 'taken ownership' of your request?).

Refer them to their letter(s) re backdated removal of your name, & tell them you have relied on that for [xyz] reason.

*For a paper trail, rather than by 'phone.

[Lck1986]

Yes there is, I'm just wondering if she can see all of the history of what has been said to me in email by their debt department? I think it might have been an admin error as the first time I found out about it they said my ex had already informed them a while ago that I had left (as had I but unfortunately by phone).

Hopefully the fact that they have removed my name from all of the bills will count for something

[charitynjw]

.
. I have received a letter from Anglican water saying that they are deciding whether or not to defend the ccj ... But previous letters said I wasn't accountable?

When were these letters sent to you?

[Lck1986]

In 2017 and recently again just before I applied for the judgement set aside. I asked them to write to me to say I wasn't liable.

[charitynjw]

Ok

You have paid the set-aside fee (£255?) on the written promise by *Anglican* to remove your liability from their records from 2015 onward?

You relied on that promise & applied for a set-aside.

I believe that their U-turn could be classed as 'negligent misstatement', especially if they were made aware of the proposed set-aside application. It would seem to be a reasonable chance that they did, otherwise why write to you with the change of heart?

If it were me I'd write back to them (email, or land mail with proof of postage.) & inform them that, as I relied on their former position, I may now suffer loss as a result.

& mark it urgent due to the pending court hearing.

When is the set-aside hearing?

*Ps......it's Anglian (No 'c' ).....I didn't know until I googled,

[Lck1986]

Haha thanks I though it was Anglia originally ... Should probably get that right! Yes they were the ones who told me to get a judgement set aside when I first found out about the ccj. I wouldn't have bothered paying the fee if I thought they were going to defend it. Everything they have said up to this point lead me to believe that they would remove my liability including removing my name from the bills. Thank you I will do as you recommend I will write by recorded delivery and send copies of the emails that I recieved before I applied for the judgement set aside.

[Lck1986]

It is the last week of April

[charitynjw]

Ok. so you've got a bit of time, then

You could make your complaint to Anglian via Resolver.

That often produces results.

https://www.resolver.co.uk/companies...ritory=Default

[Lck1986]

I have received a notice of discontinuance from Anglian water, they believed this would lead to the hearing being cancelled but the court say I still have to attend. Do you know what I should expect?

The judge will surely set it aside if Anglian has said they no longer want to persue me for the debt?

[Amethyst]

Well they can't discontinue before the judgment is set aside .... they could have done a consent order to agree to the set aside and have the claim dismissed, or withdraw / discontinue after the set aside.... so it seems you will need to attend to ensure the judge sets aside the judgment, then they will need to discontinue after that. I suspect their notice of discontinuance will be returned to them by the court.

[Lck1986]

Thank you

That's really frustrating I don't even have an email for my contact at Anglian I have to keep writing to her

I guess I will need to write.

[Amethyst]

When is the hearing date?