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

[judgemental24]

Re: What to do about a CCJ?

YOU are setting aside the CCJ, NOT United Utilities

You are asking United Utilities not to object to the application due to the fact you cancelled your account, cleared the balance and at the time of the claim form being issued you were no longer a resident of the United Kingdom.

Because of this you were prevented from doing a defence and out of the courts Jurisdiction

[nemesis45]

Re: What to do about a CCJ?

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?

I would recommend signed for post and check the delivery date, also it would be wise to address the letter to their legal department.

nem

[Goodbhoy]

Re: What to do about a CCJ?

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

I did phone them as I did with all the other companies to notify them of my moving.
However, when I rang them to dispute the charges, they said they have no record of me doing this.
I have a witness (my wife) that was present when the conversation took place.

Lets get it clear, the first step is to SPEAK to United Utilities?
I will probably follow up by a letter.

[judgemental24]

Re: What to do about a CCJ?

DO NOT TALK TO THEM ON THE PHONE

That was what has got you into this mess to begin with

You need a paper trail and by recorded delivery with explicit requests and instructions

Put pen to paper and post ot up when you have finished for any final touches before sending

[Goodbhoy]

Re: What to do about a CCJ?

YOU are setting aside the CCJ, NOT United Utilities

You are asking United Utilities not to object to the application due to the fact you cancelled your account, cleared the balance and at the time of the claim form being issued you were no longer a resident of the United Kingdom.

Because of this you were prevented from doing a defence and out of the courts Jurisdiction

Boy, this is getting complicated already!

What do I do first?
I can report back the results later and we can move forward from there.

This is the reason I waned a lawyer to take care of it and reclaim the fee from United Utilities.

[judgemental24]

Re: What to do about a CCJ?

There will be no fees to collect from United Utilities

You need to get that idea out of your head

You are asking United Utilities to consent and have no objection to YOUR set aside aplication to the court

[nemesis45]

Re: What to do about a CCJ?

Boy, this is getting complicated already!

What do I do first?
I can report back the results later and we can move forward from there.

This is the reason I waned a lawyer to take care of it and reclaim the fee from United Utilities.

,
Write to UU asking them to agree to set aside first, Royal Mail Signed For Post!

nem

[Amethyst]

Re: What to do about a CCJ?

lol, we have different views, sometimes speaking with them is a good idea, but you should always ask for a follow up email confirming any outcome of the discussion. Or just email in the first place.

When you notified them that you were moving they should have sent you a final bill/statement to confirm the account was clear. That's a good case in point about getting things in writing in case anything goes wrong along the line.

That you notified them about moving will also assist with the CCJ set aside - as they were aware you were non longer at the address. Personally I prefer to work out if there is actually a defence with a reasonable chance of success before chucking in a set aside application. This bit

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.

Was that a phone call AFTER you got back or when you first rang to cancel ? sorry the timing of when they told you the amount would be adjusted isn't clear to me there.

If you win the set aside and go on to win with your defence overall - then you can ask the court to add the set aside fee to your costs.

[Goodbhoy]

Re: What to do about a CCJ?

There will be no fees to collect from United Utilities

You need to get that idea out of your head

You are asking United Utilities to consent and have no objection to YOUR set aside aplication to the court

OK, thanks for that.
I think that is unfair but that is not the debate.

Your help is appreciated.
So for confirmation, I am going to WRITE to United Utilities ASKING them to consider setting the judgment aside based on the fact that all fees were after the date I moved out.

I wait for a response?

[nemesis45]

Re: What to do about a CCJ?

OK, thanks for that.
I think that is unfair but that is not the debate.

Your help is appreciated.
So for confirmation, I am going to WRITE to United Utilities ASKING them to consider setting the judgment aside based on the fact that all fees were after the date I moved out.

I wait for a response?

Correct.

nem

[Goodbhoy]

Re: What to do about a CCJ?

I will write to United Utilities tomorrow.

Is there guidance letter I could use?
I am able to word it myself but just wondering if there was a specific format that I should follow.

- - - Updated - - -

Correct.

nem

Thanks.

[Goodbhoy]

Re: What to do about a CCJ?

OK, I have drafted a letter. (Pretty simple, not cheeky or smart)

Is there anyone experienced enough to privately have a read and advise?
Any notes to add, etc.

I appreciate your help.

[Goodbhoy]

Re: What to do about a CCJ?

Should a snapshot of the statementl they sent me be included within the letter?

[judgemental24]

Re: What to do about a CCJ?

just cut and paste the letter onto your thread minus any personal details

- - - Updated - - -

i would put considering agreeing to your application to set aside the CCJ

[Goodbhoy]

Re: What to do about a CCJ?

just cut and paste the letter onto your thread minus any personal details

- - - Updated - - -

i would put considering agreeing to your application to set aside the CCJ

OK, here is what I wrote. Simple.

To whom it may concern,

I am writing with reference to the recent statement you sent me dated from March 2009 until October 2015.

You will see from your statement, I paid monthly by direct debits on time every month until I left the property on 9th March 2015.
The charges on this account relate to periods after my tenancy ended.
As a result, I am not liable for these fees.

I have a CCJ on my credit file as a result.
May I kindly request that this judgement is set aside by yourselves.
This will result in a quicker process and reduced fees as a result of this misunderstanding.

Regards,