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Set aside a CCJ

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  • Set aside a CCJ

    Hi, after some advice.

    in 2013 i was living in a property and complained to the water company (which i also worked for) about high bills, they sent an engineer and advised that i had a leak. i contacted my landlord who pointed out that in my agreement i would be responsible for repairs so i got a plumber out who inspected everything and advised that there were no leaks but found that the meter was also serving next door.

    i wrote into the complaints department regarding this and received a call from the customer relations director telling me to retract my complaint and deal with it internally as complaints cause fines from the regulators so i went to speak with the complaints team off the record any they said they would adjust all the bills to an assessed charge credit the account and also credit for the costs of the plumber for the receipts, she said i would probably be due a refund.

    i actually moved out of the property the week later and also left my job, provided my new address and asked that if i owed any money to send on the bill which i would pay. this was 2014.

    i didn't hear anything more about it until i got a copy of my credit file in 2017 and i had a CCJ for £495 in my old address, i contacted the water company who said i owed the money and they had no record of any complaints or credits being made to my account. after a long back and forward they admitted that the amount of the CCJ was wrong and i actually owed £220 (which i still thought was wrong) and they said on the phone if i paid this they would set aside the CCJ, i asked for this in writing which they would not provide.

    i complained to the regulator and they came back saying that as everything was done off the record there is no proof and i would need to pay the full amount and would not support me, than today after years of back and forth i have finally recieved a confirmation that the amount owing was £220 but they have changed their company policy and would not get the CCJ set aside but would not oppose if i made an application, i asked as the the cost of this is pretty much the same as the debt and i would expect them to cover my losses as they were in the wrong as they never updated my address details correctly (i have proof that this was updated on the date i moved however their billing and collections department use a different system and it was only updated on billing). they said i would need to pay them and also pay meyslef to set aside the judgement.

    if i applied to the court to set aside the CCJ on the ground i did not receive the claim pack and that the information (address and amount owing) on the CCJ is incorrect is it likely to be accepted as i dont want to waste money fighting a loosing battle. and if i do successfully have the CCJ set aside can do i have ground to offset this from the amount owing. i know it only has 1 more year before it will time out but i want to resolve this matteer so i can forget about it.
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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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