**SET ASIDE** What to do about a CCJ?

[Goodbhoy]

I moved from my property on 9th March 2015 and cancelled all of my utility bills, etc.
We moved to Canada for a time. All payments were up to date.

We returned on29th July 2015.
The new tenant of our old house gave us a letter when we arrived back from United Utilities for water rates. (These charges were for after we vacated the property).

I phoned up to explain that I paid direct debit for years and all payments were up to date and we cancelled as we moved away. I was told that the amount (I can't remember the exact amount) would be adjusted but this would still leave an outstanding balance. This was definitely not the case and I could prove my payments. Always paid by direct debit.

I applied for a rental property on my return and was denied due to a poor credit rating which absolutely shocked me.
I joined Experian to check my rating.
I found that I had a CCJ in my name from the 28th July 2015 which I know nothing about.
I was given the court and the case number and I emailed the court for details but got no response.

I asked for a statement from United Utilities which I duly received.
This statement showed my direct debit payments going back years right up until the last payment.

It then continues to show the next years water rates but also shows a deduction, presumably when I rang to explain.
It also shows court fees and charges also after the date which I left the property.
With the whole balance additions and deductions (including court fees), there was an outstanding balance of 165 pounds.
Their own statement shows that all payments were made each month. (The CCJ shows it was for a payment of around 695 pounds)

This is impossible as all these charges were made after I left, including the court fees.
I also find a CCJ in my name, which I know nothing about but presume it is the same company.

How do I get rid of the CCJ.
Is there a lawyer that can deal with all this stuff then charge to United Utilities?
I don't have the knowledge, skill or time to fix this myself.
Perhaps someone on a no win no fee basis who could perhaps even get compensation as well as fees.

I have always had a perfect credit rating.

Any help would be appreciated.

[judgemental24]

Re: What to do about a CCJ?

You were not in a position to receive the claim form as you were domicile out of the country

That will get the judgement set aside at a cost of £155.00

Your best bet first is to send a letter to United Utilities explaining the situation. They can see by your previous payment history this is an oversight.

Tell them you are applying to the court to set aside the judgement as you were out of the country and would they consider not objecting to the set aside application under the cercumstances

Get them to agree and it will be all over

If they do not agree to set aside then you will have to defend another claim as the original will be set aside.

[Goodbhoy]

Re: What to do about a CCJ?

You were not in a position to receive the claim form as you were domicile out of the country

That will get the judgement set aside at a cost of £155.00

Your best bet first is to send a letter to United Utilities explaining the situation. They can see by your previous payment history this is an oversight.

Tell them you are applying to the court to set aside the judgement as you were out of the country and would they consider not objecting to the set aside application undEr the cercumstances

Get them to agree and it will be all over

If they do not agree to set aside then you will have to defend another claim as the original will be set aside.

I was hoping not to pay the 155 pounds as it has nothing to do with me.
I moved out, end of story.

The error is with United Utilities not me.
If I can get a lawyer to do everything for me to sort it out and charge United Utilities all the better.

I have done nothing and shouldn't need to pay 155 or have all this hassle.
I am not even sure what to do. A solicitor is the best bet.

[nemesis45]

Re: What to do about a CCJ?

You can apply to the court to have the judgement set aside, the court fee is £155.00.
Your reason for set aside is you that you were domiciled abroad when the claim was issued.

Your defence to the original claim ( you must have one) is going to be that you believe that
the account was fully satisfied when you left the country and that charges were added after that
date.
As to a lawyer solicitor seek local qualified advice if you wish, this can be dealt with by you
fairly easily and LB can guide you through the process.

nem

[judgemental24]

Re: What to do about a CCJ?

Afraid not

You will have to pay this £155.00 to the court Via an N244 application

You start winding up United Utilities then they will never agree to the set aside

You do not need a Solicitor who will charge up to £170.00 per hour to set aside.

You fill out an N244 Application notice, pay the fee and bobs your uncle

A small price to pay to get a Mortgage and a clean credit file

[Goodbhoy]

Re: What to do about a CCJ?

You can apply to the court to have the judgement set aside, the court fee is £155.00.
Your reason for set aside is you that you were domiciled abroad when the claim was issued.

Your defence to the original claim ( you must have one) is going to be that you believe that
the account was fully satisfied when you left the country and that charges were added after that
date.
As to a lawyer solicitor seek local qualified advice if you wish, this can be dealt with by you
fairly easily and LB can guide you through the process.

nem

Thanks for that

Where do I start and is there any prospect of getting the 155 pounds back from United Utilities?
If I am likely to claim lawyers fees back too then I would rather do this and take away all the hassle for myself.
I don't deserve the hassle, I have done nothing wrong.

[Goodbhoy]

Re: What to do about a CCJ?

Afraid not

You will have to pay this £155.00 to the court Via an N244 application

You start winding up United Utilities then they will never agree to the set aside

You do not need a Solicitor who will charge up to £170.00 per hour to set aside.

You fill out an N244 Application notice, pay the fee and bobs your uncle

A small price to pay to get a Mortgage and a clean credit file

Thanks for that, I don't agree with the 155 pounds but it seems a small price to pay.
How do I fill it in and where do I send it?

Sorry about all the questions but I have never been in this situation.

[judgemental24]

Re: What to do about a CCJ?

There is a stickie on this

Check back later and i am sure one of the Forum Moderators will post a link to the process

It is quite straight forward as i have done it myself

All you ask of United Utilities to kindly not object to the set aside application

That is all

[Goodbhoy]

Re: What to do about a CCJ?

There is a stickie on this

Check back later and i am sure one of the Forum Moderators will post a link to the process

It is quite straight forward as i have done it myself

All you ask of United Utilities to kindly not object to the set aside application

That is all

OK, thanks.

Do I have to go to court? Not that I am scared of that as I have done nothing wrong.
I am just worried about loss of income as well as the fees needed.

I don't deserve any of this. I done nothing wrong.

[Amethyst]

Re: What to do about a CCJ?

http://www.legalbeagles.info/forums/...lication-notes

[nemesis45]

Re: What to do about a CCJ?

OK, thanks.

Do I have to go to court? Not that I am scared of that as I have done nothing wrong.
I am just worried about loss of income as well as the fees needed.

I don't deserve any of this. I done nothing wrong.

If you instruct a solicitor remember they work on hourly rates + disbursements, you might find
a local firm that will agree to give you a fixed price, it's worth asking.

nem

[Goodbhoy]

Re: What to do about a CCJ?

http://www.legalbeagles.info/forums/...lication-notes

Ok, so reading from the first page:-

I need to contact United Utilities to ask them to consent set aside of the judgment?

If they agree, what happens? Do I need to pay the fee? Do I need to do anything?
If they don't agree, I need to pay the fee and fill in the form etc.

So first things first. Do I need to write and ask them to agree and wait for a reply? Is an email sufficient?

I'm sorry for all the questions.

[nemesis45]

Re: What to do about a CCJ?

Ok, so reading from the first page:-

I need to contact United Utilities to ask them to consent set aside of the judgment?

If they agree, what happens? Do I need to pay the fee? Do I need to do anything?
If they don't agree, I need to pay the fee and fill in the form etc.

So first things first. Do I need to write and ask them to agree and wait for a reply? Is an email sufficient?

I'm sorry for all the questions.

You are asking UT to agree to set aside on the grounds that the original claim is no good, as the
account was up to date and that they should bear the costs.
If they refuse then it's pay the fee and go from there.

nem

[Goodbhoy]

Re: What to do about a CCJ?

You are asking UT to agree to set aside on the grounds that the original claim is no good, as the
account was up to date and that they should bear the costs.
If they refuse then it's pay the fee and go from there.

nem

Thanks, so can I confirm that I write to United Utilities before I do anything else and ask them to 'set aside' the judgment and wait on a reply?
Is an email sufficient?

[Amethyst]

Re: What to do about a CCJ?

An email should be sufficient, put them on notice that you intend to apply to set aside the judgment, and would they kindly consent in the interests of saving costs and avoiding a hearing on the matter. If they do then you can complete the N244 and submit to court with their consent which will still cost £50 but should be a rubber stamp exercise. You do still have to do the witness statement and draft defence for the court. If they don't then you apply for a hearing @ £155.


However, I think you should talk things through with United Utilities.

When you left the property and cancelled your direct debits - did you talk with United Utilities at that point to finalise the account ?