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nico007

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  1. Hi, Just an update and a little help from the original post below: I have received a letter from the county court, which is attached as a pdf, now I have a few questions: 1, Do i have to fill out an N180 form? 2, If they are successful in the small claim track does that mean that they can then reissue a claim to the high court for another writ to send high court enforcement officers out or would it be a case of debt collectors coming round as the original CCJ has been set aside. Thank you all for your help in this matter and hopefully I will get some resolution to this. N149a.pdf
  2. Apparently not. The lady at the bulk center went through all the security questions including the ccj date, case number etc and she emailed me all the information that they currently have regarding the case. So I would assume it was the same date as the ccj.
  3. Just rang northants bulk centre and all the information they have is as follows: 1. THE CLAIMANT IS A STATUTORY WATER AND SEWERAGE UNDERTAKER PURSUANT TO THE WATER INDUSTRY ACT 1991 (THE ACT). 2. THE CLAIMANT CLAIMS THE SUM OF £1370.96 FOR UNPAID WATER AND/OR SEWERAGE CHARGES PAYABLE UNDER S.142-144 OF THE ACT AND THE CLAIMANTS' CHARGES SCHEME. 3. THE UNPAID SUM OF £1370.96 IS FOR WATER AND/OR SEWERAGES SERVICES PROVIDED TO THE DEFENDANT(S) AT xxxxx FOR THE PERIOD 01/04/2011 TO 18/03/2015 4. THE CLAIMANT CLAIMS INTEREST UNDER SECTION 69 OF THE COUNTY COURTS ACT 1984 AT THE RATE OF 8% A YEAR FROM 18/03/2015 TO 22/11/2018 ON £404.15 AND ALSO INTEREST AT THE SAME RATE UP TO THE DATE OF JUDGMENT OR EARLIER PAYMENT AT A DAILY RATE OF £0.30. Kind regards, U Lally Helpdesk Administrative Officer County Court Business Centre | HMCTS St Katharine’s House 21 – 27 St Katharine’s Street Northampton NN1 2LH
  4. An sar has been sent today, yes they made a claim in 2018, the ccj on the northampton court service is 12 august 2020. originally mrs kelly who phoned me said the last payment was in 2012 not 2013 so i will see when the sar comes back. on a side note i only have their word that the claim was made in 2018 and the ccj was issued in 2020
  5. No they have not been instructed, that's what southern water services said in court that is their intention to resubmit/serve a claim the judge said that they have 7 days in which to do so and then i will have to file a defence to that claim, so imagine it be a small claims court application.
  6. **Update from this morning's court hearing** The county court judge agreed with my original defence and has agreed to set aside the ccj issued by southern water services. Now southern water services have 7 days to submit a re-claim/re-serve of the original claim and i have 21 days to file my defence. Question is can they, re ccj me for this or is this just a small claims court matter.
  7. Will do, I definitely won't bow down or agree to there agreement unless a judge orders me to.
  8. The pipe ran from under the property from the kitchen to the just outside of the property and within the boundary.
  9. I have just received this email from the litigation department at southern water services. Dear Mr I am Southern Water Services Legal Representative who will be attending Court for the hearing of your application to set aside the Judgment on Thursday at Southampton County Court. I am writing to inform you that I will be agreeing to your application to set aside the Judgment as clearly it was entered incorrectly due to the papers having been served on you at an address that you no longer lived at. I can only apologise for this and will ensure that training will be given to those involved to avoid it happening again. However whilst I will agree to your application to have the Judgment set aside, I will be asking the Judge to allow Southern Water to re-serve the claim form on you at your current address of ...... as set out in your application form as we had not previously been provided with your forwarding address. I will ask the Court to allow the claim to continue as the charges remain outstanding and are due for payment. Once the claim has been served again you will have the opportunity to file the Defence that you did not have a chance to do as stated in your application. Whilst I do not intend to second guess your defence, I note in your application that you believe that the charges set out in the claim are outside of the limitation period set out under the Limitation Act 1980. Whilst the charges in the claim issued on 23rd November 2018 include charges that were due from 1st April 2011 and therefore appear to be over the six year limitation period, you made payments towards these charges the last of which was received by us on 25th March 2013. The limitation clock re-sets from the date of the last payment made and consequently the six year period will re-start from 25th March 2013 which means that the claim issued in November 2018 does not include charges that are statute barred as the claim was issued within 4 ½ years of the last payment you made. Consequently any defence based on limitation will not succeed. I appreciate that you may wish to seek independent legal advice on this point and on that basis am proposing that instead of us both attending Court on Thursday, we agree the following : The County Court Judgment be set aside; Southern Water be granted permission to re-serve the claim form at the address provided by you on the application notice You be granted permission to file a defence to the claim The claim be set down for a Small Claims Hearing at a date set by the Court. By agreeing to the above you will have your opportunity to attend Court but prior to that will also have the opportunity to seek independent legal advice on the limitation point I have referred to above. It is highly likely that the Court will be prepared to agree to the above at the hearing on Thursday in any event in which case it will be a waste of both our time attending Court on that day. You will, however, have an opportunity to attend Court in the future in order to put your defence to the Court. If you are agreeable to this please let me know and I will send you a document to sign that sets out the agreement we have reached which we can then file a Court. If you are not prepared to agree to the above then I will share a copy of this email with the Court so that they are aware of the attempts made to deal with this matter without attending the hearing on Thursday. If you would like to contact me to discuss this matter further please either reply to this email or contact me on the telephone number below. I look forward to hearing from you. Yours sincerely Mrs Kelly Young FCILEx Litigation and Claims Manager
  10. Quite possibly, I know they lie, I just stated to them that the debt is statue barred and I will see you in court on Thursday.
  11. Hi DX, Thanks for that, I did assume that they don't have a chance as I don't think I would of got a phone call from. I have not applied for any costs, didn't know how to go about that.
  12. the HCEO's have left me alone since I issued a n244 to set aside a judgment issued by southern water services back in 2020 and the court date is this Thursday 22nd September 2022, now I have received a phone call today (Tuesday 20/09/2022) from the litigation department at Southern Water Services saying that they are not going to oppose the judgement to be set aside but are going to reissue a new claim at my current address and deal with this matter instead of going to court on thursday, my answer was i will see you in court. First question is can they reissue a new claim and keep sending debt collectors round not HCEO's because they won't be able to issue a new CCJ, bearing in mind that the house I live in with my wife I am not on the mortgage or any utility bills as i would assume that they might try and pass the debt to the wife's water bill account. Any help would much apricated.
  13. Hi All, No the stepson did not let them in, he phoned me whilst they were at the door because we have an autistic child in the house and get very upset if things are not of a routine or strangers at the door. I have tried phoning Northampton bulk but could not get through and have since emailed them, will try again on Monday. I did tell the bailiff's when they initial came on the phone that the debt was statue barred but as expected they ignored the information that I conveyed, even after this email correspondence i sent them below on the 2nd May 2022. To Whom it May concern. Enforcement Agent Reference Number: xxxxxxxxxxx You have contacted me about a sum of money owed to Southern Water Services Ltd to which you claim I owe. I have taken advice from the CAB and a Debt advisor and I do not admit any liability for your claim, unless it can proved otherwise then I have no problem in paying any outstanding money owed and would be more than happy to set up a payment plan. This debt was actually in dispute from 2011 to 2013 due to myself being unlawfully overcharged for a water leak outside of a previous property that I lived at and is actually statue barred and has been for a long time, I was evicted from XXXXXXXXXr in January 2014 where this bill originally stems from, to which I then moved to the XXXXXXXXX From: February 2014 to August 2014. Under the Limitation Act 1980 Section 5: “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” Also, the Financial Conduct Authority's Consumer Credit sourcebook states the following. "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4 "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8 ‘Unless you can prove otherwise’. Freedom of information request 2000 Within this email I am requesting to you under the Freedom of Information Act 2000 to request the following information from Southern Water Services Ltd & yourselves Court Enforcement Services.. Please may you provide me with: All Account information relating to this and any other accounts in my name. The address that the ccj paperwork was sent to in 2020 so as to clarify that it was sent to the wrong address, which means that I had no way of defending myself legally in this matter and the judgement could have been set aside. Please provide this information in the form of an email. If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under the Section 16 obligations of the Act, as to how I can refine my request. If you can identify any ways that my request could be refined, I would be grateful for any further advice and assistance. If you have any queries, please don’t hesitate to contact me via email and I will be very happy to clarify what I am asking for and discuss the request. Unless you can provide evidence that you own the aforementioned alleged debt that I owe or evidence of payment or a written contact from me in the relevant period under Section 5 of the Limitation Act, you are no longer able to take any court action against me to recover the amount you allege I owe. If any representative from Court Enforcement Services or associated companies arrives at my girlfriends property without a prior appointment made with myself it will be taken in a vexatious noncompliant manner on your part. This email has been cc’d to The Trading Standards, The Financial Conduct Authority, The Financial Ombudsman and The Legal Ombudsman Please confirm in writing within the statutory 21 days Which is from the 2nd May 2022. Yours faithfully
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