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Southern Water/SHULMANS claimform***Claim Struck Out***


Gordy
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I believe i have the witness statement finished now.

Could you please tell me which form i use to submit my defense along with this witness statement?

 

Thanks.

 

"In the County Court at Portsmouth Claim Number: XXXX

 

Southern Water Services Limited Claimant

Mr Gordon XXXX Defendant

 

WITNESS STATEMENT

 

I, Gordon XXXX of XXXX am the Defendant in this claim. The facts in this statement come from my personal knowledge.

 

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

 

It is the defendant's understanding that 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”.

 

Unless the claimant can provide evidence of payment or acknowledgement from the defendant in the relevant period under Section 5 of the Limitation Act, I suggest that the claimant is no longer able to take any court action against the defendant to recover part of the alleged amount claimed dating from 23/05/2008 until 21/04/2011.

 

I accept liability for the remaining amount dating from 22/04/2011 until 21/04/2017.

 

I believe that the facts stated in this witness statement are true.

 

 

Gordon XXXX

 

 

5th September 2017"

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Wait for the claimants first.

We could do with some help from you.

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they must serve it to you and the court

as you have to them and the court

14 days before the hearing.

 

if yours is a day or 2 late

as you are a LiP [litigant in person]

leeway is given.

 

 

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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Also i contacted the court by email and phone and all they have done is add to the case notes for the judge that i will not be attending due to agoraphobia.

which she says he will not see until the day anyhow.

 

 

My surgery is charging me £20 for the agoraphobia letter which im happy paying if it is needed.

 

 

i have a letter i can collect from the surgery just not to sure at this point what i will be doing with it :)

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You must also give notice to the claimant (at least 7 days before the hearing date) that you will not be attending...pursuant to CPR 27.9

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

We could do with some help from you.

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My paperwork has to be in this friday so starting to get a little worried.

 

Could i please ask what paperwork in total i need to submit to the court and forward to the claimant, in particular what form has to be filled it to accompany my witness statement.

 

thanks.

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No forms...just your Witness statement and any documents that you will rely on....you can do a list of the documents by number as the cover letter.

We could do with some help from you.

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Ah superb. Should i write a small accompanying letter with the agoraphobia letter from my doctor or not?

 

Also is my witness statement finished?

 

Who with and when do i sort out a payment plan for the debt?

 

Thanks.

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Ah superb. Should i write a small accompanying letter with the agoraphobia letter from my doctor or not? Not part of your evidence in defending the claim

 

Also is my witness statement finished? Not quite I will have another look tomorrow

 

Who with and when do i sort out a payment plan for the debt? Wait and see if they get judgment first...if they dont submit a witness statement its not looking too good for the claimant

 

Thanks.

 

Andy

We could do with some help from you.

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Statement is fine Gordy

We could do with some help from you.

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Superb ill get it printed and sent to the claimant and court tomorrow along with a list of documents. (not just a list...a list with all the documents attached

which are relied upon)

 

Thanks again.

 

One last thing should my doctors note goto just the court or both?

 

Submit notice to the court and the claimants sols pursuant to CPR 27.9 (you can attach your doctors note)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

We could do with some help from you.

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Received a huge bundle of paperwork from the claimant on Friday. Not had a thorough read yet but had a quick flick through it...

 

They have accounted for and deducted the status barred period from my bill themselves.

Lots of bills and t&c's have been included.

 

Details of the handful of emails i sent to the water company when i was trying to discover whether the money they were taking from my benefits was for my current bill or the arrears we were going to court over. It concludes that i am happy with current setup in this area. It all looks in order.

 

Once ive had a proper read trough ill update the thread with any questions. In the meantime if anyone wants a nose of any of the above or a contents page or similar feel free to ask.

 

Thanks.

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Have they included their witness statement ?

We could do with some help from you.

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Have they included their witness statement ?

 

Yes they have its seven pages. Would you like it posted up or maybe highlights of any interesting bits?

 

Also a day or two ago i received the following email offering out of court settlement...

 

"Dear Mr XXXX

 

I am in receipt of your Witness Statement dated 21st September 2017.

 

I note that you now acknowledge the debt following the removal of the Statute Barred bills.

 

It is further noted that you do not wish to attend court, due to your health issues. I therefore propose that the matter is dealt with by means of a Consent Order.

 

Please advise me by return, your proposals of settlement so that I can draw up the order.

 

Yours sincerely

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So do you wish to settle this by consent order...it could avoid a CCJ for the parts admitted ?

We could do with some help from you.

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you will need to scan the full WS upto ONE MULTIPAGE PDF

read UPLOAD

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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Share on other sites

Well if you proceed to trial ...yes you will win the Statute Barred content argument...but possibly lose the additional charge argument..they get a CCJ for that element...with costs.

 

A consent will agree settlement for the whole of the claim...stop any possibility of a CCJ and can possibly avoid all costs so far in the claim....could be a tidy amount alone.

 

 

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

 

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Ok that sounds the logical choice then. Do i negotiate/haggle with them at any point on total amount or payback details?

 

Also does anyone still want to see the witness statement? if so ill get it scanned and uploaded.

 

Thanks.

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