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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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A water company gave me a bill for 4 years we did not have a

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a water company gave me a bill for 4 years we did not have a contract with them at all the company put us in court and got a judement on us ccj we never had a contract with them no prices or invertation ?
JA: Where are you? It matters because laws vary by location.
Customer: west midlands
JA: What steps have you taken so far?
Customer: we did not no we had bills with them we were paying south saffs water
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the company sent balliffs in to us we had to pay a large sum of cash
Customer: replied 9 days ago.
The water company said thay did not need a contract
Customer: replied 9 days ago.
We had no priceing or tariffs length of contract priceing
Customer: replied 9 days ago.
Did did not know we had been taken to court
Customer: replied 9 days ago.
All’s we had was a letter from the bailiffs tell us thay have a wit of controll
Customer: replied 9 days ago.
We have been pay our bills to south staffs water for 4 years
Customer: replied 9 days ago.
Is anyone there ?
Customer: replied 9 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 9 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 9 days ago.
the water company that gave us this bill is (water plus)
Customer: replied 9 days ago.
we are in england west bromwich

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Customer: replied 9 days ago.
ok thank you

You will need to apply to set the CCJ aside. For as long as the CCJ is in place, and remains unpaid then the claimant can enforce with bailiffs. It also stays on your credit record for up to 6 years.

Furthermore, only a District Judge can make an order to remove the CCJ, which means you must make an application to the court. Unless the claimant agrees to your proposal to remove it, in which case a simple consent order can be drafted and filed with the court for a lesser fee (£100).

If you do have to make a formal application, the judge will consider CPR rule 13.3 in deciding whether or not to set it aside, here is the link to show you the criteria : https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.3

To set aside the CCJ you need the N244 form and a witness statement with a draft order. The N244 form can also be found here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953577/n244-eng.pdf

I attach copies of those which you can tailor to your specific case. With the witness statement, if you want to refer to any evidence such as email correspondence, letters and so on, you can do that and attach them to the statement.

To fill out the N244 form, it should be as follows :

Q1: your name, Q2: defendant, Q3: an order that the CCJ dated......is set aside because (insert a brief reason why). Q4: yes, Q5: at a hearing, Q6: 45 mins, Q7: N/A, Q8: district judge, Q9: Claimant, Q10: the attached witness statement, Q11: sign/date/insert your details.

You will need 3 copies of the bundle (N244, statement, draft order) and a covering letter to the court with a fee of £255 payable to HMCTS. If you are on low income or have low savings (or in receipt of benefits) you can ask the court for a fee exemption – you can check your eligibilty here: http://www.gov.uk/get-help-with-court-fees

You can specify a telephone hearing and you ask the judge for an order that the CCJ is set aside. Assuming they agree to that, it comes off the credit record and you will be allowed to either defend the claim if the debt is disputed or alternatively pay what you owe and there would be no mark on the credit record.

If you have not received any court details (you need the claim number for the purpose of the N244) then you can check the CCJ details at http://www.trustonline.org.uk )

Bear in mind the court expects these applications to be made as soon as you are first aware a CCJ was made. Any delay will harm your chances of getting it set aside.

If the judge agrees to the CCJ being removed, the company will reimburse you and you will be allowed to defend the claim.

And regarding the water company you really must make a formal complaint and if that does not resolve the matter ask them for a "deadlock letter", which is a letter giving their final response.

Their complaints policy will be available on their website.

Once you have the deadlock letter the next step would be to escalate this to the Consumer Council for Water - they will investigate and liaise with the company which would hopefully result in a cancellation of the account. And a full refund to you. They can order the company to make a financial award for inconvenience if they have acted poorly.

The Consumer Council for Water can be contacted only once you have the final response from the water company. You can reach them here : https://www.ccwater.org.uk/make-a-complaint/

Or by telephone on 0300(###) ###-####

The service is covered by the Consumer Rights Act 2015 so you have a right to expect a reasonable service which is carried out with care and skill - if you do not then the regulator will step in to resolve this for you.

If the Consumer Council for Water cannot help, there is a final route to take before court action which is to then involve the Water Redress Scheme - whose decision is binding on the water company and hopefully they will resolve this. You can email them here :***@******.*** or you can contact them by telephone on 0207(###) ###-####/p>

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 9 days ago.
we have had to pay the amount asked for balffis

Yes, thanks. You need to a) apply to set the CCJ aside and b) make a complaint to the water company. The money will be reimbursed to you one way or another whether it's the judge ordering them to do so if the CCJ is set aside, or the water ombudsman after you make the complaint.

Customer: replied 9 days ago.
the company said thay do not need a contract is that right ?

They do if they want to bill you. Otherwise there is no obligation to pay as a contract is binding. Let me know if anything I have said in the answer is unclear or you need more help.
Thanks

Customer: replied 9 days ago.
thankyou for your help i can now go back to the court i have paid already by force from ballifs so now i need to do the same to them

Yes, if you apply to set the CCJ aside, the judge should agree - and the claim made against you will be reinstated meaning you can file a defence afterwards - the water company would be made to repay you. You could make a counter claim for stress, etc if you do get the CCJ set aside.

Customer: replied 9 days ago.
thankyou very helpful you are a star ********************

It's my pleasure, thank you again and have a bank holiday weekend.
Jim

JimLawyer and other Law Specialists are ready to help you
Customer: replied 9 days ago.
i have left a tip for you thankyou if i need your help again i will contct you

Much appreciated! Thanks very much - speak soon.
Jim