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Anglian Water......Court Papers


trevor33
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My daughter has received Court papers from Anglian Water for her water usage.

 

I looked at the Particulars of Claim and submitted a Defence.

 

The claim is for £2050.

 

I found that they were claiming charges from 2011 to 2015 even though she moved into the property in 2013.

 

There is no account number on the POC.

 

To me this seems a very amateurish attempt to get payment.

 

After AW received her defence she received a letter from their legal department explaining in more detail their claim.

(I do not think this was sent to the Court)

 

The letter explained that the debt referred to her previous address from 2011

and her current address even though her previous house was not detailed on the POC.

 

She has a letter from AW dated April 2014 stating that she was £20 in arrears.

This letter was submitted as part of her defence

 

I cannot see how they can claim money through the Court for services up to March 2015.

 

Any advice would be appreciated.

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its the non tenancy you need to target

prove that and then that puts the whole claim in doubt

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx.

 

We do have evidence i.e Tenancy Agreement of her current address which we entered as part of her defence.

 

She did live at the previous address as detailed in the letter from AW but this was not entered in the POC.

 

Is their letter admissible if a copy was not sent to the Court?

 

Can they claim charges in advance up to 2015?

 

T33

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yes I'm sure the letter can be used [by you]

but await better advise on that.

 

as for the claim to apr 2015

the water companies think they can gain the full year

if you don't pay by xyz time xyz amount.

 

there nothing in the act that says that as far as I know

it just 'their' T&C's

 

you can pay in 12 monthly equal amounts

as long as you meet the bill by the end of the financial year.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Water companies do not have T&C's instead "charges schemes" that are raised pursuant to the Water Industry Act 1991 (s) 142 to 144.

 

The bills, when issued for unmeasured charges which these will be, are payable in full upon issue however monthly or 6 monthly instalments are offered as a concession much like council tax which is also payable upon bill issue.

 

This will be detailed on the bill and will be part of the charges scheme which the Defendant will no doubt get a copy of if this proceeds to hearing.

 

If there is no arrangement made upon receipt of the bill or if an arrangement is defaulted then the whole bill becomes payable and in this case the demand for charges up to 31 March 2015 will be correctly included in any claim.

 

As for the old property was there any outstanding charges when the OP vacated?

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I do not know if there was any outstanding charges on the old property.

 

She has been paying with a book which was stamped by the post office.

 

Recently, however she has paid into the self payment machine at the bank,

therefore no stamp on the counterfoil (not very clever I know).

 

Does this mean that, even if the OP is not on the POC, they can still claim the charges for that property.

 

If she was to loose at Court and her sole income is benefits,

does that mean she will only have to make a minimal payment.

T33

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Perhaps post the contents of their particulars and the defence you have submitted (verbatim)...to flesh the bones a little trevor33 ?

 

Andy

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Hi Trevor,

 

Not sure how payments work through self service machines at the bank as bills normally have a barcode I think which the counter staff at post office or bank scan so the money gets allocated correctly on receipt so might be worth following that one up with the bank.

 

Also worth checking with AW as if money was forwarded without an account number it may be floating about in their system with them unable to allocate it.

 

As for the particulars of claim it was probably issued through CCBC so the information that can be included is limited using that method and will likely be clarified in the response to Defence if she has had one or in any witness statement ahead of the hearing so it's not a game changer in my opinion and I have seen many claims issued for debts on multiple properties.

 

The POC should contain the amounts due and for the bill year ending dates which should give you an idea of which properties.

 

If she did happen to lose at court then she will not be made to pay anymore than she can afford by the court however if she is struggling to pay her water bill most water companies have a dedicated Debt Advice section offering various schemes to assist as well as independently operated Trust Funds that can award grants towards arrears so be worth talking to them about this.

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Perhaps post the contents of their particulars and the defence you have submitted (verbatim)...to flesh the bones a little trevor33 ?

 

Andy

Happy New Year to one and all and thanks for the posts

 

POC as follows

THE CLAIMANTS CLAIM IS FOR WATER AND/OR SEWAGE CHARGES UNDERTAKER PURSUANT TO THE WATER

INDUSTRY ACT 1991 IN RESPECT OF THE PREMISES BELOW FOR THE PERIOD --/--/2011 TO --/--/2015.

 

THE CLAIMANT CLAIMS THE SUM SET OUT ALONGSIDE BEING THE AMOUNT DUE AND OUTSTANDING

FROM THE DEFENDANT.

 

IN RESPECT OF..

 

(Defendants Address...withheld)

 

Defence

We dispute the full amount of £----.-- claimed by AW because we have evidence that the dates specified by the claimant are incorrect.

(details of when tenancy commenced...tenancy agreement enclosed)

Also Claimant is claiming charges in advance from dated between present day and 2015.

Letter included that shows the account up to date as of April 2014.

No evidence on POC of any account number relating to premises or persons

 

Hope this is ok Thanks T33

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Standard CCBC claim wording where only limited information can be included

and presumably you will receive a response to the Defence providing more detail of the addresses and billing periods

concerned although this will be detailed in the Witness Statement prior to hearing.

 

I have not seen a claim be struck out for this reason in the 10+ years in the industry

and the inclusion of advanced charges up to 2015 is not a Defence

unless you had a monthly agreement which was up to date

as I assume you have not made payment for the full year in full

or in 2 instalments (Apr & Oct)

 

I would contact them for a breakdown of account so you can see exactly when the older debt runs up to

and if it includes a period after vacation from the property then you will know if your Defence holds water or not.

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  • 2 months later...

Sorry it has been a while.

 

As far as I am aware there has not been any details sent to her of the how the claim has been calculated by AW.

 

She had to go to telephone mediation via the court which I think was a farce.

 

They would not listen to her side and insist that she pay £340 per month to pay off the debt.

 

She is on benefit and has 3 children under 7, one of 17 and a disabled husband.

 

I do not know how to advise her further.

 

Can anyone help.

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What has happened since December...since mediation...has the claim proceeded or stayed?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Hi Andy, thanks for the reply.

The mediation was today.

 

 

AW just dug their heels in and want the whole amount.

 

 

There is no way my daughter can pay this off.

 

 

Would it be better to go to court and face a judge?

Trevor

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Hi Andy, thanks for the reply.

The mediation was today. AW just dug their heels in and want the whole amount. There is no way my daughter can pay this off. Would it be better to go to court and face a judge?

Trevor

 

Yes....just follow the rest of the Notice of Allocation directions now and proceed to trial..the court will set affordable payment plan..

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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