Setting aside a County Court Judgment

[Newportt]

In January 2020, whilst going through the motions of refinancing our rental property in Newport, it became apparent that Dŵr Cymru/Welsh Water had secured a County Court Judgement to the value of £3290.20 for unpaid water charges. When I spoke with them it was clear they had failed to transfer the bills into the name of the new tenant and continued to bill me over a period of 2 years and 10 months. However, without any further interaction from me, the account was transferred into the current tenant's name who continued to pay the bill until she moved out in May 2020.

Dŵr Cymru/Welsh Water is refusing to accept any tenancy documents and also rejected my request when seeking for the Judgement to be set aside, stating “we have deemed that the Judgment granted in February 2019 has been obtained correctly”.

The tenant who resided at this property vacated our property after she fell into arrears. When I asked her about my post over the 5 years she stayed at our property she has stated there wasn’t any.

It’s clear that she has destroyed all our posts and knowingly put the water bill into our names.

In section 3 of the N244 Application Notice, “What order are you asking the court to make and why?” I have put the following: TO SET ASIDE THE JUDGEMENT BECAUSE I HAVE BEEN A VICTIM OF IDENTITY FRAUD. I HAVE BEEN UNABLE TO DEFEND MYSELF AS ALL CORRESPONDENCE SENT TO THE SUPPLY ADDRESS HAVE BEEN DESTROYED WITHOUT MY KNOWLEDGE BY THE TENANT.

Will this suffice or do I need to provide further in-depth information?

I would like your views and opinions on the correct course of action, what I can and can’t do and what further steps I will need to take to inform the major Credit Referencing Agencies of my situation.

[Newportt]

Is someone able to give me some advice here as it's rather frustrating that no one has commented?

[des8]

Afraid sometimes the peeps who would respond just aren't on!

This isn't my normal field but to get the ball rolling you state " it was clear they had failed to transfer the bills into the name of the new tenant"
Do you have proof you told Welsh Water of the change of tenant?

When did the defaulting tenant commence her occupation?

[Newportt]

I have been speaking with Welsh Water's litigation team and it has become evident they will have no record of any telephone conversation going back to April 2016. Furthermore, I've changed mobile phone service providers several times since I call them back in 2016 informing them of the change of occupancy. So I don't have any proof I call them.

The tenant took possession of the property on 1st May 2016 and vacated the property on 29th May 2020.

The tenant only starting paying the water bill from 1st March 2019.

During the 4 years she rented the property from us, she has told me there was no post in my name or my wife's name. I cannot prove this as an admission on her part would ultimately incriminate her of wrongdoing. She has clearly destroyed all our posts.

Likewise, when I challenged Welsh Water's Litigation team, "can you prove you sent any letter address to me, to the Property Address," they said no, they were sent in the post, not recorded or special delivery. They only have copies.

[des8]

Well for a start you haven't been the victim of identity fraud.
Because you did not receive the court papers is only one of the hurdles needed to obtain a set aside.
You also need to show you have a defence against the original claim.

WW regulations: from 1 January 2015 the owner of a residential property became responsible (under the Water Industry (Undertakers Wholly or Mainly in Wales) (Information about Non-owner Occupiers) Regulations 2014) for informing the Company who is occupying their property.

Somehow you will have to convince a judge that you informed WW about the change of occupant, but with no record you will have an uphill battle

Tagging Celestine for more in depth advice