Marstons, Southern Water Help...

[Wilsonwinehouse]

Ok, ill do that now..

When it asks for the address, shall i put in the old address details?

[Syd Snitkin]

Yes

[Wilsonwinehouse]

Ok.. so i have just done this, apparently there are 2 judgements for me there, i had no idea on either.

One is for £420 and the date of the judgement is Jan 2018, the second is for £2226 and the date of the judgement is Jan 2019, how do i know which relates to which company as such?

If the £2226 one is southern water, how on earth would i run that up for a single person in 2 years for some water?

Obviously not knowing i was meant to pay them, i did a mutual exchange so new people moved in the same day i moved out, could it be that they didn't tell them either and kept running the bill up and up while i wasn't living there, I moved out around October of 2016.

[zeke]

If you did not know about the judgment then apply to stay the execution until you have been given a copy of the original claim form and you can file a defense, and apply fore the stay to continue until further order by the court.

[Wilsonwinehouse]

I may have already asked this but what form do i need for the stay of execution, does it cost to apply for that?

Where do i send it etc?

I knew nothing of the judgement as i moved from that address in Oct 2016 and the judgement was done in Jan This year.

[Syd Snitkin]

The details of the court where the CCJs were registered will be on the Trust Online info. If it was me, I'd call the court(s), give them the case numbers and ask for the claimant details before doing anything else.

[Wilsonwinehouse]

County court business centre. Northampton I believe.

I did try that earlier, the wait time was like 20 minutes so I couldn’t hang on but I will call them in the morning and give them the case numbers to see if I can clarify what’s what, then go from there.

Thanks

[delta157]

Nigel.
Did you read my reply again? No!

Did you ever hear me say use a debt charity? No!

What you saw was that the debtor can use the debt remedy tool to create an income and expenses document. Then speak to their creditor and arrange for them to enter in to an affordable repayment plan.

All water companies don't want to cause hardship, they WILL work with their customers and or 3rd parties to resolve their debts.

A debtor can use one of many tools from debt charities and not actually use the service they offer.

Still, you make so many assumptions about people, but so often get it horribly wrong.

You don't read posts correctly, you fail to understand the simple points offered.

Still this mess could of been resolved with a completed I&E form a 20 minute chat with the water company and sorted. No fancy trips to London no Solicitor, no fees!


Is there any financial implications if the debtor loses?

[zeke]

Still this mess could of been resolved with a completed I&E form a 20 minute chat with the water company and sorted. No fancy trips to London no Solicitor, no fees!

Then go and try that, then come back and tell us what happens?

Lets see if you get those £2,000+ bailiffs fees removed, or even a discount.

[delta157]

As I've said, the case for me is completed.

Creditor agreed the plan, EA fees removed, plan now 7 months old.

No payments missed, discount of £54 per bill credited to the account.

History.

Debtor spoke to me,

Had shown me the Writs.

Completed a debt remedy on Stepchange.

I&E completed.

Creditor contacted.

Full disclosure given.

I&E submitted.

Agreed an affordable repayment plan. EAs removed as were their fees as creditor recalled the debt.

Review 6 months (recently completed) next review October '19

Spare income available and payments increased nominally.

4x Writs fully dealt with. No further action as long as plan is kept to.

Included within the plan is a credit for the next bill, therefore negating any further ongoing debt being incurred.

But hey what do I know? Except that this debtor is extremely happy and dealing with the debts with ease!

I don't want a debtor run any risk of losing more money than they can afford!

Being in Hong Kong?
REALLY!

If you knew how to deal with this you'd know full well this is possible.

I gave my advice, the OP chooses what they want to do, I did it my way for free, what a great result!


Side note, I thought you may be different, but obviously spots never change, do they, just because my view and method is different to yours doesn't mean it's wrong, same results different way! At no risk to the debtor or cost either.

[Wilsonwinehouse]

Hi guys..

I have contacted the court where the judgement was issued and the nice lady told me that the £2226 was for Souther Water, but it now gets even more confusing, its like miss marple this.

She said it was for a previous address, even further ago, apparently its for a water charge from June 2007 to June 2015.

Couple of things here, firstly i moved out of that address in June 2014 so the bill is incorrect to start with.

Secondly, while i was there, one day I had marstons knock on the door and i ended up maying them almost £1500 over a 13 month period for an unpaid water debt, i thought it was Souther Water but now im second guessing myself, maybe it was south east water.

But, if it was Southern Water i paid that debt for, how can i owe charges for all those years if id paid it all in instalments from 2013 to 2014 to Marstons?

I suppose i need to find out now who the creditor was for that back then, because if it was Souther Water, i cannot possibly owe that money, any idea how i would find that out as it doesn't appear on my credit report and the Trust online doesn't show it as it is satisfied i imagine.

[Wilsonwinehouse]

Hi guys..

I have contacted the court where the judgement was issued and the nice lady told me that the £2226 was for Souther Water, but it now gets even more confusing, its like miss marple this.

She said it was for a previous address, even further ago, apparently its for a water charge from June 2007 to June 2015.

Couple of things here, firstly i moved out of that address in June 2014 so the bill is incorrect to start with.

Secondly, while i was there, one day I had marstons knock on the door and i ended up maying them almost £1500 over a 13 month period for an unpaid water debt, i thought it was Souther Water but now im second guessing myself, maybe it was south east water.

But, if it was Southern Water i paid that debt for, how can i owe charges for all those years if id paid it all in instalments from 2013 to 2014 to Marstons?

I suppose i need to find out now who the creditor was for that back then, because if it was Souther Water, i cannot possibly owe that money, any idea how i would find that out as it doesn't appear on my credit report and the Trust online doesn't show it as it is satisfied i imagine.

Makes me sound awful all this, but when i moved into this address in 2007, i came from being homeless, i was homeless for 3 years previously so i tried my best to keep up to date with bills, i dont think id ever paid a water bill before then.

[Syd Snitkin]

The only ones who can give you the information is the water companies.

Did you pay Marston's via your bank or card?

What was the other CCJ for?

[zeke]

Hi guys..

I have contacted the court where the judgement was issued and the nice lady told me that the £2226 was for Souther Water, but it now gets even more confusing, its like miss marple this.

She said it was for a previous address, even further ago, apparently its for a water charge from June 2007 to June 2015.

Couple of things here, firstly i moved out of that address in June 2014 so the bill is incorrect to start with.

You apply for a stay of execution (removes all the bailiffs fees) and ask for the original claim form. The court will stay the writ and transfer the claim back to the county court where the court will send you the original claim form, where you raise a defense, full or in part.

The court will list the claim for a hearing, and if the claimant does not pay the listing fee within 14 days, the claim is struck out.

You win, and you owe nothing.

You just do this for all claims if there is more than one.

Secondly, while i was there, one day I had marstons knock on the door and i ended up maying them almost £1500 over a 13 month period for an unpaid water debt, i thought it was Souther Water but now im second guessing myself, maybe it was south east water.

If the claim is struck out, all that money is repaid, otherwise KEEP A RECORD OF THE FLOW of money and that is set-off against the judgment.

But, if it was Southern Water i paid that debt for, how can i owe charges for all those years if id paid it all in instalments from 2013 to 2014 to Marstons?

It doesn't matter who you paid the money to - so long as you kept a RECORD OF THE FLOW OF MONEY.

I suppose i need to find out now who the creditor was for that back then, because if it was Souther Water, i cannot possibly owe that money, any idea how i would find that out as it doesn't appear on my credit report and the Trust online doesn't show it as it is satisfied i imagine.

If its not on trust online then its at a different address. Therefore apply to stay the writ and transfer the claim back to the county court. You get to see the original claim form - including the address.

[zeke]

Being in Hong Kong?
REALLY!

For my Ibiza holiday I fly DSS airways.

[Wilsonwinehouse]

The other CCJ was for an old credit card, which i will sort out after this, this seems more pressing.

I paid them via my bank, i think i called them up every month and paid £100 over the phone and then £122 at the end, so nearly £1500 in total, i know that because i checked my banking app and it shows me paying Marstons every month for 14 months, from 2013 to 2014.

I did another Trust online check and it shows nothing at that address, but the bill was made there and they collected it there when i lived there so i cant imagine it would be under another address.

How much is the stay of Execution again?

[Syd Snitkin]

Contact SW.

[zeke]

How much is the stay of Execution again?

Without notice, the court fee is £100. but you can apply for your costs.

[Wilsonwinehouse]

Ok, so they stay of execution is a definite option, looking most likely right now.

If i call Southern Water, what do i say to them, did i pay you £1500 in 2013-2014? That money was going to Marstons, would they have a record of it?

Without telling them anything about this judgement, could i call Marstons and say im just trying to find out who the creditor was of a judgement i paid you in 2013, would they have a record?

[zeke]

Call Southern Water and ask the following questions in this order.

• 1. The DATE of the judgment
  2. The AMOUNT adjudged
  3. The CLAIM NUMBER
  4. The ADDRESS of the judgment debtor (you)
  5. TOTAL amount the BAILIFF COMPANY HAS PAID in respect of the judgment.

See how that goes.

If you get excuses such as "its in the hands of the bailiffs" then apply to stay the writ, and repeat the above questions when you have emailed Southern Water a copy of the stay order.

[Wilsonwinehouse]

Thanks, I’ll give that a go..

This is what the woman at the court emailed me...

THE CLAIMANT IS A STATUTORY WATER AND SEWERAGE UNDERTAKER PURSUANT TO THE WATER INDUSTRY ACT 1991 (THE ACT). THE CLAIMANT CLAIMS THE SUM OF £1573.57 FOR UNPAID WATER AND/OR SEWERAGE CHARGES PAYABLE UNDER S.142-144 OF THE ACT AND THE CLAIMANTS' CHARGES SCHEME. THE UNPAID SUM OF £1573.57 IS FOR WATER AND/OR SEWERAGES SERVICES PROVIDED TO THE DEFENDANT(S) (removed address) FOR THE PERIOD 11/08/2007 TO 08/07/2015 THE CLAIMANT CLAIMS INTEREST UNDER SECTION 69OF THE COUNTY COURTS ACT 1984 AT THE RATE OF 8% A YEAR FROM 08/07/2015 TO 22/11/2018 ON £425.25 AND ALSO INTEREST AT THE SAME RATE UP TO THE DATE OF JUDGMENT OR EARLIER PAYMENT AT A DAILY RATE OF £0.34.

The fee Marstons want is £2796.

[zeke]

This looks very familiar. Have you already contacted me about this?

[Wilsonwinehouse]

No, i only found out about it 6 days ago and joined the forum a few days ago, then added my first post.

[Syd Snitkin]

Have you contacted SW yet?

[Wilsonwinehouse]

Not yet. I’ve been working all today...

I will attempt to contact them over the weekend or first thing Monday.

Ideally I want to know who I paid the £1500 to in 2013