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Shulmans LBA for UK Search, southern Water debt - part statute barred? **RESOLVED NOTHING TO PAY**


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I've received a letter before action for an old water bill.

It's for the period from July 2011 to November 2013.

 

Am I right in thinking that between July 2011 and September 27th 2012, this would be statute barred?

No payments were made during that time.

Just need to know before I contact them.

 

Thanks all.

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And probably under back billing incorrect too

Who it from..not Lowell is it?

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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Nah. UK Search Limited.

I don't dispute I owe it but they're trying to get a CCJ on something which is, in at least part, statute barred.

That's what I needed to double check so I can throw it in to dispute and get the information from the water company.

 

I don't know what back billing is to be honest.

I was billed for it at the time but didn't pay.

We were desperately skint back then and had to pay only what was absolutely essential.

I knew they couldn't cut off our water supply.

I know...not great.

But we're in a better position now so I can resolve this.

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Forget its a util bill

Water is treated exactly the same as any other consumer debt like a card/loan.

Uk search are a powerless dca

 

Deal with the wAter company directly

Who are they

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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Southern Water. It's not been sold on as they are still acting on behalf of. As it's an LBA I need to get my arse in to gear.

 

Should I first and foremost contact them and throw it in to dispute?

Then ask for SAR under GDPR? Never had to do this before...

 

Actually it's Shulmans writing on behalf of UK Search who are working on behalf of Southern Water.

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How much is the bill? Southern Water do do court a great deal aand will use a HCEO as a usual MO.

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it there a response pack with the lba and does it mention pre action protocol

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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retitled and moved to utils forum

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

Yes there is a response pack. They mention pre-action protocol in so much that:

 

"This letter of claim is being sent to you in accordance with the Pre-Action Protocol for debt claims contained in the Civil Procedure Rules..."

 

And then a link to justice.gov webpage.

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ok good

 

use this adapt the answers in post 4 to suit you and ofcourse you cant CCA them.

that's should do everything you are wanting to do

like dispute it etc

and get the documentation etc

remember

do NOT use their pack.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

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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No to the sols

Dont specify what is sb'd

Just dispute some of the debt must be subject to the limitations act and statute Barred

 

Be as vague as the lba is

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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little tip ONE LINE stuff only

2 or 3 points of few words..

keep it VERY vague.

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

Your thinking is wrong, it will be the billing cycle that determines when a debt becomes SB.

 

For example, I lend you a hundred quid and ask you to pay it back when you can.

As there isnt a finite element to this the debt can never be SB and nor can I sue you to claim the money because the terms are open ended so it has and will never become due.

 

Now, if SW rolled over the amount due to the next bill then they havent actually set a date for repayment at that point so it wont be SB until 6 years after they send the final demand or defaulted the account.

So did they demand payment at the time?

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I've just spoke to Southern Water who weren't overly helpful (expected).

 

They told me that the debt was transferred to UK Search Limited on the 18th September.

Within days they issued a LBA.

 

I had no prior contact from them or Southern Water, least not for a very, very long time. Is that right?

 

Should they not have sent something before an LBA or can they go straight to court action?

 

I mean I had nothing from Southern Water for years.

Never had anything from UKSL at all.

Edited by dx100uk
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Well you wouldnt have as you didnt update sw with your new address..thats why they used uksl to find you?

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

what do you mean have your address?

is this bill for your present ad or an old one?

sorry on a tiny screen scrolling is problematic at present

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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did you inform them in writing of your new address before you left or just after...?? or at all

how are you claiming you told them of your new address?

 

you cant assume they knew your correct address just because someone wrote to you...

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

Oh ok. No I didn't tell them, they just wrote to me. Anyway, regardless I just wanted to know if UKSL should have given me chance to pay before issuing lba. They're not the most helpful DCA I've come across...

 

Thanks anyway. Until I get info off sw I'm in status quo anyway.

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no dca are helpful!!

that's their one game..fleece you when you dont owe it anyway.

 

pers id just send the return pack as advised

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

How much is the bill? Southern Water do do court a great deal aand will use a HCEO as a usual MO.

 

I've just seen this, sorry. It's for £700 and odd quid. It wouldn't get as far as bailiffs as I will pay what I owe. Rather do it before a CCJ is granted tbh. Just got to wait for all the info from sw and go from there. Thanks for the heads up though :)

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