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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13888
Experience:  Senior Associate Solicitor
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A utility company called Symbio, took 5 months to send me a

Customer Question

A utility company called Symbio, took 5 months to send me a final bill, they also have taken for a short period, the timeline goes like this. Left utility company November 2020, they sent me the final bill to settle my account in April 2021. at the time I received this letter I was in the middle of moving house the letter , I have since lost this final bill and due to the move forgot to pay it. Received bill approx 20th April, they started court proceedings on 24 th of May without any further contact with me. I've replyed and objected to all the costs, as if they had sent me a reminder I would have paid straight away as the bill is for £54 and I value my credit report. I've admitted to that amount, but, the numbers the phone numbers and emails that I've been given to contact them in order to pay, do not appear to be manned, I've had no reply from messages I've left, asking for payment details. No reply to an email address I've been given. They are making it impossible to pay them. Can they proceed to a county court judgement? Also the timeline from receiving the final bill, having had only one email from them when I left, asking me to wait for the bill. They didn't give me enough time to pay, sent no reminders, how the hell have they managed to take this to court? there in breach of court protocol, according to info I've found, but I'm worried weather, this ridiculously bad company can still proceed to a judgement, without respo ding to my side of the story. Thanks
JA: Where is this? And when did the issue begin?
Customer: First bill came 5 months after I asked for it
JA: What steps have you taken so far?
Customer: Responded to the court. The facts are payment has never been an issue. They would have in there bank account had they reminded me to pay, at the time I received it I was moving house
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just want to know if ccj can take place, as this company is in the wrong I'm sure
Submitted: 14 days ago.
Category: Law
Expert:  JimLawyer replied 14 days ago.

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.

Expert:  JimLawyer replied 14 days ago.

The problem is they have issued the claim last month - you will definitely need to respond to the proceedings otherwise the claimant company can and will obtain judgment in default, meaning a court order requiring you to pay. If you did not pay then you end up with a CCJ on your record for 6 years during which time they can enforce it in a number of ways.
The court will have written to you at the address the claimant used. You should have the response pack from the court to be able to defend the claim or admit to what you owe. You say that you "replied and objected" but I don't know if you mean you replied to the court or the claimant. You do need to reply to the court.
They have probably written to your last address. They are supposed to have sent you a letter before action to give you 14 days to pay before they took court action. If they can prove they sent this then they are not in breach of the pre action protocol.
So what this comes down to is whether you have replied to the court or not. The claim was only issued on 24th May according to your question - it would be deemed served on you on 26th - you then have 14 days to reply to the court so that's by 9th June which is next week. You need to respond otherwise they will win by default.

Expert:  JimLawyer replied 14 days ago.

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

Expert:  JimLawyer replied 14 days ago.

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 14 days ago.
The court sent me an email and have filled the paper work in online. I objected to the costs incurred by the claimant as I've never objected to paying the actual bill, I just forgot as I moved house. They are making it difficult for me to pay as have no payment details before the deadline. I received no further correspondence letter email nothing. From the final bill to court proceeding was a matter of 4 weeks. Even though I've responded to the court and am now waiting for there reply which has not happened, can I still get a ccj, even tho I'm doing everything possible to stop it
Expert:  JimLawyer replied 14 days ago.

No, as long as you have filed the defence then this will be a disputed claim. It's only if they win and you do not pay the judgment after 30 days that the CCJ goes on your credit record. But it sounds like you have replied and defended the claim which is fine. The case will progress - the court will send you a questionnaire in the post shortly to ask for details of the dispute. You should write to the claimant to try and settle this now.