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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
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Sorry for the detailed message. My wife had a ccj issued

Resolved Question:

Hi sorry for the detailed message. My wife had a ccj issued against her from a water company. We only discovered the ccj when our financial advisor came across it during a credit check before sending a mortgage application. The ccj had already been decided 3 months prior against my wife. We knew nothing about this nor did we receive any correspondence from either the company or courts. The bill was for a property she used to own in a different county. Therefore we assumed the bill must have been an outstanding payment left unpaid before the sale. We have never had financial issues before and always try to be diligent.
My wife paid the outstanding balance to the water company immediately. We were then unable to get a receipt of payment for over 6 weeks. Following advice from legal websites we then started the process of getting the ccj set aside on the grounds we had not received any summons. This was rejected and therefore we lost the fee for this application.
This whole process meant that we couldn't get a mortgage for our property even though we were in a chain and committed to paying solicitor's fees. Eventually we managed to get a mortgage sorted 6 weeks later than we should have and this was only through some financial wizardry from our advisor.
We had asked the company to send a copy of the original bill at the time of discovery, which they did not (even though on multiple occassions they said they had). It didn't come through until my wife refused to hang up until the bill was emailed. The bill was dated for 1 day on the 31st Oct to the 1st Nov, which was unusual in itself. After looking at the bill it turns out that this was for billing period after my wife had owned the house therefore it was someone else's bill!! When questioned about the bill they said it was for a leak, which happened 3 months after the sale of the property.
We obviously want the ccj removed and the money returning for the bill, in addition to the money for the court set aside application. But are well able to claim compensation from the company? This was an unbelievably stressful and difficult time for us and potentially we could have lost the house we were purchasing. Due to the set back of the move my wife is now commuting to her job from a further distance (petrol costs) as well as having to move the children into different childcare, which is difficult on the kids.
Submitted: 8 months ago.
Category: Law
Expert:  Buachaill replied 8 months ago.

1. Dear Stuart, in what country was the alleged water bill not paid? In what country were you sued for the water bill? Was this foreign judgment enforced in England or Wales?

Customer: replied 8 months ago.
The CCJ was in England. I think you may have have read "in a different country" but it was county. All UK based.
Expert:  Buachaill replied 8 months ago.

2. Sorry about that. Well the bot***** *****ne is that you can sue this water company for wrongly entering a CCJ against you, when you didn't owe the money. All damages resulting from the adverse impact upon your credit rating are recoverable. Essentially, you can recover the adverse impact upon your credit rating. Essentially publishing a false judgment against a person is a defamation. Additionally, stating someone owes you money and entering judgment against them is a wrongful misuse of legal process and can be sued upon.

Expert:  Buachaill replied 8 months ago.

3. However, be aware that whilst you will get damages for the sale being interfered with, you won't be able to recover current petrol costs from commuting to a job from a further distance. So, any additional financing costs will be recoverable. But not different childcare costs and petrol costs.

Expert:  Buachaill replied 8 months ago.

4. Please Accept or Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 8 months ago.
Thanks for this. Would the CCJ be automatically removed from the record at the expense of the company? Also would we be advised upon entering a legal arrangememt with a solicitor what amount of damages we should claim? Would this be "better" (sorry for lack of word) to go to court or try to settle out of court? Thanks
Expert:  Buachaill replied 8 months ago.

5. The CCJ is not going to be removed from the record. It is now a matter of historical record as you or your wife has paid it. Secondly, it is impossible to give an idea of the amount of damages you could claim. However, GBP 15,000 is the minimum amount given for improper publication of incorrect credit records. Finally, It is impossible to know whether this case will settle in advance or whether you will get an offer. That will depend upon the attitude of the water company to paying you compensation. If you don't get a good offer you will have to go to court. It is impossible to predict these things in advance.

Customer: replied 8 months ago.
Ok thanks for the help.
Expert:  Buachaill replied 8 months ago.

6. You are welcome. Please Accept or Rate the answer.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10458
Experience: Barrister 17 years experience
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