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

[judgemental24]

Re: What to do about a CCJ?

My own opinion and i will now retire

You are dictating terms which wll put their backs up

Take my advice and be subservient as the number one objective is getting them not to object to your set aside application They do not set aside the CCJ, YOU DO through the court an an N244 Application

YOU ARE ASKING THEM NOT TO OBJECT TO YOUR APPLICATION TO THE COURT TO SET ASIDE THE JUDGEMENT

[judgemental24]

Re: What to do about a CCJ?

Account number:
Name:
Water Rates:

Dear Sir/Madam

On returning to the United Kingdom after staying for a time In Canada it was discovered that I had a County Court Judgement registered against my name.

This judgement originated from United Utilities over an alleged debt incurred after I had vacated my previous property. This I am at a loss as in March 2015 I personally informed United Utilities I was vacating the property and to issue a final invoice. These invoices have always been paid by direct debit with no issues.

This County court Judgement came to light after I was declined a Mortgage application on my return.

It is my intention to apply to the County Court to request this Judgement be set aside in that I never received the original claim form not being domicile in the United Kingdom at the time.

Will it be at all possible for you not to object to this application to the court under the circumstances outlined?
If any final amount is outstanding after your own investigations I will of course make good that deficit.

[Goodbhoy]

Re: What to do about a CCJ?

Account number:
Name:
Water Rates:

Dear Sir/Madam

On returning to the United Kingdom after staying for a time In Canada it was discovered that I had a County Court Judgement registered against my name.

This judgement originated from United Utilities over an alleged debt incurred after I had vacated my previous property. This I am at a loss as in March 2015 I personally informed United Utilities I was vacating the property and to issue a final invoice. These invoices have always been paid by direct debit with no issues.

This County court Judgement came to light after I was declined a Mortgage application on my return.

It is my intention to apply to the County Court to request this Judgement be set aside in that I never received the original claim form not being domicile in the United Kingdom at the time.

Will it be at all possible for you not to object to this application to the court under the circumstances outlined?
If any final amount is outstanding after your own investigations I will of course make good that deficit.

judgemental24,

I really appreciate that.
That sounds like a really good letter.

Just lets get this correct before I take action today.
Do I send the letter today and wait for a response or do I send the letter and the N244 stuff at the same time?

I appreciate all your help.

[judgemental24]

Re: What to do about a CCJ?

Forget about the N244 for the moment


All you need to do is send that letter and see what they come back with first

If they do not object we then we put that letter in with the set aside application to the court

[Goodbhoy]

Re: What to do about a CCJ?

That's great, thank you very much.
I will get that in the post tomorrow.

[nemesis45]

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 - - -



Thanks.

Good morning,

Just put your complaint to them in your own words is the best way.
Head the letter " Formal Complaint".

nem

[Goodbhoy]

Re: What to do about a CCJ?

Good morning,

Just put your complaint to them in your own words is the best way.
Head the letter " Formal Complaint".

nem

Thanks, I'm just heading to the Post Office now to post it by recorded delivery.

I will post back with the outcome.

[Goodbhoy]

Re: What to do about a CCJ?

I received a reply to my letter from United Utilities by email today and I am unsure how to proceed now.
I, of course dispute their claims as I left the country on 9th March 2015 with all bills up to date until the date I left.
I did notify them of my move by telephone as well as all other Utility companies.

I post there reply below for further advice.

Dear Mr XXXXXXXXXX

Our ref: CAS1XXXXXXXXX

Thank you for taking the time to contact us by letter on 10 November 2015 regarding the County Court Judgement against you.

Please allow me to explain your Direct Debit was cancelled on 11 March 2015 making the full account balance due in full. We sent you a notice of intended further recovery action on 14 May 2015 making you aware of the amount owed and possible County Court action. We have an arrangement with Royal Mail to return any undelivered correspondence to us. I have checked your account and nothing has been returned, therefore, we deem all mail has been delivered.

Due to no contact and the last payment received, prior to the payment on 26 October 2015, was on 28 February 2015 for £42.04. We proceeded to issue a County Court Claim against you on 22 June 2015 in the amount of £671.13 which includes Court fees and costs.

I would like to explain that we have no record of you advising us that you had left the property in March 2015. The first contact in this regards was on 20 August 2015 and we closed your account to 9 March 2015. Your new outstanding balance is £146.32. This is made up from the Court costs and fees applied to your account.

Due to no response to the claim, a County Court Judgement (CCJ) by Default was entered against you on 27 July 2015. A further fee of £25.00 was applied to your account.
We believe the Claim was issued correctly as sufficient correspondence was sent, prior to its issue, making you aware of the amount outstanding. With regards to your application to the County Court for the CCJ to be set aside. Please be advised that you cannot make this application until your account balance has been paid, your outstanding balance is £146.32. I am unable to guarantee that the application will or will not be objected by us, as this will be passed on to our legal team from the County Court and it is worked on a case by case basis.

I understand this may not be the outcome you were hoping for but trust this helps you understand our position on this matter.
If you would like to discuss any aspect of the response, please call me on the number provided below. Our office is open Monday to Friday from 9.00 am to 5.00 pm.
Yours sincerely

Sheridan Taylor
Case Owner
Customer Relations Department
If you need to contact us again, here are some options:1. Call us on 0800 316 2125 (Select option 2)
2. Visit our website unitedutilities.com where you can register with MyAccountto manage your account online or complete the Contact Usform
3. Write to us at: United Utilities, PO Box 50, Warrington, WA55 1AQ

[judgemental24]

Re: What to do about a CCJ?

Simply put they are waiting on your next move as they have stated they may or may not object to the set aside application

Now that you have sent that letter as a sort of pre-action protocol and they have responded

Go with the set aside application with immediate affect
Start typing out your reasons why the CCJ Be set aside for your N244 Application and post up on your thread for further advice before submitting

I have done three of these in my past, all successful

The most it will cost you is £155.00

[Goodbhoy]

Re: What to do about a CCJ?

Simply put they are waiting on your next move as they have stated they may or may not object to the set aside application

Now that you have sent that letter as a sort of pre-action protocol and they have responded

Go with the set aside application with immediate affect
Start typing out your reasons why the CCJ Be set aside for your N244 Application and post up on your thread for further advice before submitting

I have done three of these in my past, all successful

The most it will cost you is £155.00

The reasons that this judgment be set aside is that I was out of the country when the Judgment was made.
I never received any correspondence regarding any outstanding payment or court judgment.
I always paid my water rates by direct debit and have a statement sent to me showing this from United Utilities.
I was only made aware of the Judgment when upon my return from Canada, I was declined for a mortgage application.

Anything else I should add?
Where do I get an N244 from?

I appreciate any assistance.

Thanks.

[judgemental24]

Re: What to do about a CCJ?

I would put as well you were no longer a resident of the United Kingdom at the time of the CCJ but a Canadian resident. State you had no United Kingdom address for papers to be served to enable you to submit any defence

Mention you informed United Utilities for a final bill prior to vacating the property

I would think the set aside application would be granted from a jurisdiction basis

[nemesis45]

Re: What to do about a CCJ?

The reasons that this judgment be set aside is that I was out of the country when the Judgment was made.
I never received any correspondence regarding any outstanding payment or court judgment.
I always paid my water rates by direct debit and have a statement sent to me showing this from United Utilities.
I was only made aware of the Judgment when upon my return from Canada, I was declined for a mortgage application.

Anything else I should add?
Where do I get an N244 from?

I appreciate any assistance.

Thanks.

N244 available online or at your local friendly County Court Office.
Keep the application concise and clearly factual.

nem

[Goodbhoy]

Re: What to do about a CCJ?

N244 available online or at your local friendly County Court Office.
Keep the application concise and clearly factual.

nem

Thanks, I'll find one online and post back if I have any issues filling it out.

[Goodbhoy]

Re: What to do about a CCJ?

Thanks, I'll find one online and post back if I have any issues filling it out.

Can anyone help fill out the N244 or share a completed one which I can use as a template.
I seem to be struggling.

[Goodbhoy]

Re: What to do about a CCJ?

Any help on how to answer from question 4 to question 10 would be appreciated.