CCJ's based on estimated bills.

[withag]

Can a utility company ( Anglican Water) get a ccj purely based on estimated bills. If they do can we get the judgement set aside

[des8]

Re: CCJ's based on estimated bills.

Hi and welcome.
The short answer is yes.
If they issue a county court claim which you don't dispute they will win by default.
Perhaps you would like to give more details about the background to your query?
Presumably you have a metered water supply.
Why not send them a meter reading so a corrected bill can be issued?
If you then have difficulty meeting the account further advice would be forthcoming.

[enquirer]

Re: CCJ's based on estimated bills.

Anglian have been known to send out wild estimates, presumably in the hope of securing payment. That said, it is difficult to see how a CCJ (a whole different ball game to a speculative demand), can actually be issued on the basis of nothing more than a guess.

What prior correspondence was there?

[FlamingParrot]

Re: CCJ's based on estimated bills.

It is difficult to see how a CCJ can be issued on the basis of an estimate (in other words, speculation). What prior correspondence was there?

They would have sent a bill which was undisputed, later on they'd have issued a claim for the amount of the unpaid/undisputed bill plus fees, costs, etc. which went undefended. When you issue a claim via MCOL you are not required to attach any paperwork to back up your claim, it's up to the defendant to acknowledge the claim and submit a defence. If this is not done within the NCCBC timeframes, the claimant can apply for default judgment.

It may be possible to apply for set aside if the OP did not receive the summons and has a viable defence. :thumb:

[enquirer]

Re: CCJ's based on estimated bills.

When you issue a claim via MCOL you are not required to attach any paperwork to back up your claim, it's up to the defendant to acknowledge the claim and submit a defence.

Extraordinary - this destroys the presumption of innocence. 'You are guilty because I say you are. I don't have to prove anything. If for whatever reason you fail to reply (ie prove your innocence), you will be convicted automatically'.

You can tell that when I sue people, I still use paper.

[enquirer]

Re: CCJ's based on estimated bills.

They would have sent a bill which was undisputed ...

Was a bill actually sent?

I am reminded of the fact that this company was one of those implicated in the bogus legal letters scandal:
http://www.dailymail.co.uk/news/arti...ng-tactic.html