I am not sure if my posts are visible to others. I have been having problems posting due to a "bug".

I have today received the skeleton statement from Anglian Water's legal team, together with their statement of charges. They have twisted it and lied but I am not surprised. I have attached it (hopefully!) I am in the process of getting my statement together. CAG Anglian water statement.pdf

Ahh I am back :). Thank you dx100uk, I will get my draft statement together and post here. I have printed off one that another cagger recommended would be useful in terms of layout.

I am having trouble replying to my original post on this matter, it wont let me type anything so not sure what the problem is but I was wondering if one of the admin team would merge this on for me please? My court date is approaching and I am now in the process of preparing my statement. I have this week received an email from Anglian Waters legal team asking me if I had read the Consent order and wanted to know what I wanted to do as I hadnt been in contact since before xmas. I did email them back saying that I was worried I couldnt afford the monthly payment due to my current situation and they have come back saying that they are prepared to reduce it and if I go to court, they are still going to oppose the application to get it set aside. They have also said that their skeleton argument and schedule of costs will be with me in due course which may fall payable by myself. Now, I have explained until I am blue in the face that I have only applied to get this set aside because I was instructed to by AW because they said they could not adjust the balance due with a judgement in place, ( I also have this in writing on the notes of the SAR), but they are ignoring what I am saying. I know Bankfodder you thought it was worth me continuing with the court date and I am guessing they dont really want me to go to court so they are turning the thumb screws. Just want to make sure I make the right choice and I really dont have a clue!

Bankfodder, Thank you for the slapped wrist, not really sure I deserve it but heyho! I suffer with really bad anxiety and depression. I am not saying it as an excuse but a fact. I have also recently been diagnosed with Autism which I am astonished at given my age but most of the time I find it really difficult to deal with things, especially complex things like this and more often than not I dont see things that are under my nose. I am also going through a bereavement at the moment which has knocked me for six so please cut me some slack here and dont judge me without understanding daily issues I face. That being said, I really appreciate anyone here that takes the time to read my thread and offer help in any way shape or form. I havent read the customer services guide, I didnt know it existed. If I was made aware of it previously I apologise but as I said before, my brain doesnt always process things right in front of me. I came here because I try do the right thing in life but have been taken advantage of many times and I just wanted to see if I signed the consent order I would be shooting myself in the foot because I dont understand it apart from the fact that if I do sign it and dont keep up with payments I will be in trouble but there again I dont want to go to court if I am never going to win. With regards to your question about Mr & Mrs, I am Mrs but was quoting some of the comments on the SAR. What do you mean by the date of disclosure?

No Bank fodder, the account was set up in my ex partners name but they said they added me on when I spoke to them once. My ex had a habit of always passing the phone to me when he didn’t want to talk to people. I have a copy of the SAR already. What should I look for?

Bankfodder, this is all I have. They only provided data from that point on as it was my ex who registered with them online when he opened the account.

Ok Bankfodder, I will look through SAR. There are no transcripts of conversations which I wanted because it would prove that ANGLIAN water (by the way) told me to get it set aside!

No Bank fodder, the account was set up in my ex partners name but they said they added me on when I spoke to them once. My ex had a habit of always passing the phone to me when he didn’t want to talk to people. I have a copy of the SAR already. What should I look for?

Hi Bankfodder & Andy, Andy, Yes I had to prove that I was no longer living at the property on the date I said. Bankfodder, wow, that was a long post!! . I am guessing you have probably read the thread but to try and condense it down, my relationship broke down and we both moved out of the property. Up to that point, my partner dealt with the utilities and said he would sort it. He obviously didnt. I never notified the Company I had moved because it was in his name. On that point, apparently, they said they added me onto the account when I had a conversation with them 3 years or so ago. They are also adamant that me failing to notify them I had moved doesnt change anything as the claim was issued correctly and they actually said in the email with the consent order "Anglian Water will not be consenting to your Judgment Set Aside application as we were not advised that you had moved out and as such the claim Anglian Water issued was served correctly under CPR 6.9 to the last known or usual address." The amount they have put on the consent order is the amended amount. The original claim form which I never received was for quite a bit more as they were claiming payment up until March of this year. The first I knew about the claim was when I received a letter from High court enforcement co at my new address saying that if I didnt pay the judgement, they would apply for a warrant of execution I think it was. I phoned them straight away and explained the situation and they told me that a judgement had been made against me and that if I couldnt pay the amount due I needed to speak to the water co and arrange a payment plan and put a holt on enforcement proceedings. I called them straight away and they said that as I had moved out some 18 months earlier, they needed to adjust the amount actually owed and to do that I needed to email proof of when I changed address, (which I did immediately), and they would be in touch with an amended figure. After a week or so, I still hadnt heard from them and was concerned about the deadline from the enforcement co so phoned them again and the long and the short of it after being passed from one dept to another was that they couldnt adjust the figure whilst there was a judgement and they told me to make an application to the court to get the judgement set aside so they could then adjust the amount. This is what I did. Then when a hearing date had been issued, I got a letter from the water co legal team saying that they would challenge the application as the claim was issued correctly and it doesnt matter how many times I tell them I only did it because I was told too, they are just not listening! I ended up speaking to them last week as my father has just passed away which has devastated me and the funeral is within a couple of days of the hearing and my head is all over the place at the moment. I havent done a statement yet and just felt that if I could have it moved a bit I might have a better chance of dealing with it bearing in mind i have no idea what I am doing. So I received a letter from the bailiffs not a visit. I applied to get it set aside the same day as they told me to do it. I have received a SAR but there are no transcripts for the conversations that were had which I asked for as this would prove what I am saying. I dont want to sign the Consent order if its not the best thing for me to do. It would mean that if I couldnt make all the instalment I would be in deep trouble. I did get a copy claim form from the court eventually, I will post up asap. They have now come back to me and said the court has moved the hearing to April which I am pleased about. It was during this conversation that the legal team said that they were trying to find a way to sort it without me having to go to court and suggested the Tomlin order but when I said that I couldnt pay in full, they said that wouldnt work. They then emailed me with the Consent Order to sign.

consent order.pdf

Hi Andy, They suggested a Tomlin order as an amicable settlement so I wouldn’t have to go to the hearing. They have asked the court if the hearing may be adjourned briefly because of my bereavement, they have said that the court has not responded as yet. They have now emailed me again and attached a Consent Order (not a Tomlin order as originally discussed. Not sure if they are the same thing?) They have said that if I sign it the hearing will be vacated but I am obviously signing agreeing to pay the debt in instalments as set out in the Consent order. they keep harping on about me trying to get the hearing set aside because I didn’t get the claim as I had moved. I keep explaining that this is not correct and I have only done it because I was told to do it by the water company so they could adjust the amount owed. Its so frustrating! I am just not sure if signing the order is the correct thing to do and don’t want to make the wrong decision. I am not disputing the debt but I am not working at the moment and if I sign the order I have to make sure I can meet the amount they are asking. if I don’t sign and I need to get a statement in as I am running out of time. just been struggling with it due to my bereavement.

Should I expect the ccj to be removed when the debt is repaid or should they do it straight away? Yes I have told them I can only pay in instalments as I am on a low income. I have also asked them if they can adjourn the hearing for a short time as my father passed away last week and his funeral is the same week as the hearing. I still haven’t done my statement which I need to do now but my head has not been in the right place this last few weeks.

I have been contacted by the legal team of the water company and they have offered a Tomlin order on the correct amount due. Initially they said that unless I could pay it in one lump it wouldnt work. I explained that it would need to be in instalments as I dont have it. They have come back and said 3,6 or 12 instalments. This would prevent the court hearing. Is this a good option or would I be better off going to court?

Just an update. I have only just received SAR from the water co and they havent included any tape recordings which is what I need to prove that I did exactly what I was told to do. I havent started on my statement yet which I know I should have but my mind has not been focusing on it as my father was given a terminal diagnosis very recently which has been hard to deal with and he is now at the end stages of his life with us being told to expect it imminently. I am mindful that time is running out for this statement to be in, so I will try my hardest. If I contacted the court, would they reschedule the hearing in view of what I am dealing with at the moment?