Wessex Water - advice needed re possible CCJ looming!!!

[johealey]

I have been paying WW via standing order, but it hasn't been enough so they have sent me to Court.

 

I received the paperwork from the Courts, completed it like you should and returned it.

 

Over the weekend I received a letter from the Courts rejecting my offer of a monthly payment and they say I have to pay £60 per month wef 21st November 2011.

 

This bill runs from April 2011 to March 2012 so have no idea where WW get off sending me to Court for a bill I have yet to incurr!

 

Anyway.. I get home from work and have received two mailshot type letters saying "I am sorry to hear about your recent CCJ" etc.,

 

Now my understanding is that if you ignore any paperwork from the Courts you get a CCJ but if you come to arranagement to pay like they have offered me then nothing is entered upon my credit file. Is that correct or has the system changed?

 

I have recently purchased a copy of my report and the CCJ dated 19th October is not showing.

 

I have checked the letter they sent me saying I had to pay £60 a month and there is a comment in the letter under the warning section about being given 14 days to make a claim if you do not agree with the monthly payments. Underneath that it says about this being marked on my credit file.

 

Surely that is wrong? If you come to arrangement to pay you don't receive a CCJ?

 

Look forward to receiving some advice as I believe this is wrong, but if I am wrong please let me know so I know which action to take.

 

Thank you

[MARTIN3030]

You have 30 days in which to pay in full the amount on the CCJ,if it is paid withing this time,then the CCJ is not recorded.

 

Did you attend the hearing ?

What you need to do is make an application to the Court to have the amount changed to one you can afford.

This entails filling a form in N245 and paying the fee.

You may qualify for partial or all fee remission.

A hearing will then be arranged if the claimant does not agree to the lesser amount.

Many water companies now do credit reporting for account status with residential customers.

The CCJ would not appear before the time allowed had passed-and even then will depend on the date of the next updating cycle.

[johealey]

Hi

there has been no hearing!

 

I filled in the forms sent them to the Court - they rejected my monthly payment and came back with another one stating the date that I had to make the first payment by.

 

I cannot afford to pay the amount within 30 days hence the agreement to pay monthly - so does that meant I won't be receiving a CCJ?

[MARTIN3030]

Can you confirm if there was a summons sent which you replied to-so did you admit to all and make an offer of payment ?

As I am understanding this the Court refused this outright and ordered payment forthwith ?

You need to get an application in ASAP for re determination.

Did you send an income and expenditure sheet to the Court ?

[johealey]

Can you confirm if there was a summons sent which you replied to-so did you admit to all and make an offer of payment ?

As I am understanding this the Court refused this outright and ordered payment forthwith ?

You need to get an application in ASAP for re determination.

Did you send an income and expenditure sheet to the Court ?

 

Hi Martin3030 replied to your post and it didnt load up!!!

 

Yes I received a summons to which I completed and returned. I included an incomings/outgoing spreadsheet to show what I could afford and made an offer of payment. Yes I did accept all of the claim as my water rates are fixed so I guess I couldn't argue any of it.

 

Yes the court refused this outright and sent a notice which I received on the weekend stating that my monthly payments would be £60 per month and that my first payment had to reach WW on or before 21st November 2011 and on the 21st of each month thereafter.

 

I was under the impression that if a payment plan is agreed then no CCJ is enforced - is that not the case? I am concerned about this CCJ as my record has been clean for 4 years now and didnt want to have to start all over again

 

Could you please explain to me what a "re-determination application" is as I have never had to do one of these.

 

Thanks for your help so far, much appreciated

[Crazy Diamond]

Can you post a copy of the court papers (with personal info removed)/ accompanying correspondence? Without seeing it can't be 100% certain, but I am wondering if it's possible that a DCA is messing you around, they can be very convincing, so a copy of the paperwork would help.

[johealey]

Can you post a copy of the court papers (with personal info removed)/ accompanying correspondence? Without seeing it can't be 100% certain, but I am wondering if it's possible that a DCA is messing you around, they can be very convincing, so a copy of the paperwork would help.

 

Hi it is genuine as I have emails from both the Court and Wessex Water trying to get this sorted out.

[MARTIN3030]

Was this done using MCOL ?

[johealey]

No it was done via the post as that is how the forms were received, however, when I replied I scanned everything in and emailed it to them.

[MARTIN3030]

Ok so the decision was taken on the Judges own notion.

Requesting a re-determination and asking for this to take place at a hearing in your home area since you are a LIP with limited resources against a large company...........would be the way to go.

You should inform the other side that you will be seeking this.

 

The consequences if you dont do this or pay off the amount in full,could see them applying for a warrant to collect.