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Bekki0405

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  1. Actually after I wrote this and then researched it, I realised she’s told me incorrect info. Where do I go from here? I don’t really like the thought of it hanging over my head, never knowing if they’ll apply to have it lifted. Bearing in mind they’ve already been down this route before
  2. Last entry is my defence on 28/4/21 I’ve spoken to Northampton just this minute, it was never transferred to Southampton. I must have imagined that had happened I did managed to get them to tell me that they’ve heard nothing from SM or SW, and at this point the claim will be stayed. SM/SW can ask for the stay to be lifted by paying the court and applying to do this. They have 4 months from the date of my defence to do so? Which I never knew. After 4 months, the life of the claim is over
  3. Ok, I’m back for some more advice on this. As mentioned before, I sent a CPR 31.14 to SM/Court, and received confirmation from the court that it had been received. Both had proof of postage obtained at the time, which was the 28/4/21. I received a letter from the court, stating that they had sent instructions to SM on the 29/4/21 giving them 28 days to tell the court how they wish to proceed. I have heard nothing, although I appreciate it’s only just past the 28 day deadline, and possibly the court has a backlog. I’ve tried contacting the court, although I’ve just noted that the last letter came from Northampton Court and not Southampton (where it was assigned on the small tracks path) Online there is no further update to the case after I sent my defence on 28/4/21 Do I continue to wait it out? I’d really like to know if they’ve progressed with this, or hopefully not, given that some of the debt is from a previous case that was struck out. Also part of the debt is out of time. SM did contact me to ask me to arrange to pay the £4882.20, which I ignored given that this figure was wrong, and as advised, it was them fishing for me to pay the alleged outstanding debt Important to note that my defence was sent on the 28/4/21 and I received court correspondence on 29/4/21 so I’m hoping this means that they’re not hugely behind. Obviously I’m praying for it to be struck out, but even if they recalculated the debt, I would have thought I would have heard before now, if only from SM offering to reduce the debt
  4. Thanks They’ve just emailed as well, this ones from uksearch, but we all know they’re one and the same. I’ll be reading up, but obviously I’m hoping they don’t reply by the end of the month and it gets stayed. Not sure I’m going to be that lucky this time, but I would be interested to know if these two pieces of correspondence would be viewed by the court as them trying to settle this informally
  5. CIVIL ENFORCEMENT LTD CASE DISCONTINUED PROCEEDINGS I didn’t post about my claim form initially as there is enough helpful information on this forum for me to have proceeded the start of this claim by myself. Yesterday, on the last day that CEL had to submit documents to the court for the hearing, they have written to myself and the court cancelling the claim. Thanks to the forum for their never ending support and advice on private penalty charges. This is the second time I’ve ‘won’ against a PPC who have subversively attempted to extort parking charges when I was lawfully parked. This time I parked in a hotel car park, which I registered my registration number with the receptionist, only to find later that they either didn’t enter the registration number correctly, or they didn’t register it at all. Anyhow, ME-1 CEL-0
  6. That seems a reasonable point. @dx100uk Just to confirm what I have done so far. I’ve sent a CPR 31.14 to SM, with proof of postage obtained. And I have filled in the blanks on the defence, and will update the case online. I haven’t clicked send yet, I wanted to ensure I have it in order before I commit. After I’ve sent it, I guess I wait for the bills to come back and the case to be heard?
  7. I’ll call the court tomorrow, to check about my ex claim form. He wouldn’t have received it as he doesn't live here. I didn’t realise we’d have to both do AOS and defence. I’ve sent my CPR 31.14 off, I’ll make sure he does as well. I would really appreciate help in drawing up the defence if you’re able to. It would be good to send it with appropriate wording thank you
  8. Two claim forms in two envelopes were sent in the post. Both had both of us named as defendants. One with my name and address in left hand box, and his in the right hand box. The other envelope contained another claim form with the babes the alternative way round. Hope that makes sense
  9. We both got a claim form, which we are both named on jointly as defendants, not separate claim forms with individual names on each
  10. Yes in joint names still. Sorry I thought id removed the personal details, I’ll be more careful
  11. Dear Sir, Re: Southern Water Services v xxxxxxxxx Case No:XXXXXXXX CPR 31.14 Request On 5th April 2021 I received the Claim Form in this case issued by you out of the Northampton County Court Business Centre. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim: 1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2: A copy of all bills relating to the date range in the particulars of the claim 14/01/14 to 23/07/20 Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response. I’ll draw up my defence later, but are you saying they can’t go after the debt from the first claim. That being anything up to and including 11/12/18.
  12. No @Andyorch different amounts, different date ranges, although they overlap, so some of the debt was covered in the previous claim
  13. OK thanks. In the meantime I’ll send the CPR 31.14 off to SM. Could someone give me a nod to the wording. I’m assuming the Statement of Account is the actual bills, or do I add that to the list? Dear Sir, Re: Southern Water Services v ..... CPR 31.14 Request On 5th April 2021 I received the Claim Form in this case issued by you out of the Northampton County Court Business Centre. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim: 1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2: Notice of Assignment 3: The Default Notice 4: Statement of Account
  14. At the time of the last one, and it being struck out, my ex said he’d set up a payment for future bills with SW (now found to be not true) and I had assumed that the old debt wasn’t able to be claimed from the date of being struck out. When I separated from him, I contacted SW for help with ongoing bills, and asked for help to pay the water account, which was denied and no further contact was received. when I received this letter today, I guessed my assumption of the old debt was wrong and that it still remains. Because they’re looking for the entire amount, so does the case being struck out, wipe the old debt. Or is it still due? I’ve already completed the AOS. Is there a template for the CPR 31:14, I’ll go back and look at the threads, I’m sure there’s one on there FOUND IT!
  15. Name of the Claimant ? Southern Water Services Date of issue – 30 Mar 2021 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The Claimant is a statutory water and sewage undertaker pursuant to the Water Industry Act 1991 (the Act). 2.The Claimant claims the sum of £4380.99 for unpaid water and/or sewage charges payable under s.142-144 of the Act and the Claimants’ Charges Scheme. 3.The unpaid sum of £4830.99 is for water and/or sewerage services provided to the Defendant(s) at XXXX for the period 14.01.14 to 23.07.20 Interest at a rate of 8.00% to 26/03/2021 amounts to £236.21 and is increasing at a daily rate of £0.96. AND THE CLAIMANTS CLAIMS (1) The principle sum of £4380.99. (2) Interest under s.69 of the County Courts Act 1984 of £236.21 and (3) Continuing internet on (1) above from 26/03/2021 to the date of judgement or earlier payment at a daily rate of £0.96 What is the total value of the claim? £4882.20 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?NO Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?NO (not sure about ex husband) Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? water and/or sewerage services When did you enter into the original agreement before or after April 2007 ?YES (2006) Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?NO Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. SW Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Did you receive a Default Notice from the original creditor? NO Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? NO Why did you cease payments? I believed my ex husband to be paying this bill, but he had hid that this and other bills were not being paid What was the date of your last payment? Unsure Was there a dispute with the original creditor that remains unresolved? YES Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan YES but no communication from them except to say I wasn’t entitled to help via an online form. I emailed subsequently to ask for support to pay and had no reply at the time. This was Nov 2019 after which I became unwell
  16. completed assistance application form SW assistance application to SW 16-11-2019.pdf
  17. I received a County Court claim form for an outstanding debt from Southern Water, with Shakespeare Martineau named as the solicitor firm. I filed an acknowledgment within the allotted time, and have been drawing up my defence, and would like some help before I file it with the court, I have been reading up on things I can find related to this situation, it much of it is old and out of date possibly. My issue with this county court claim form received 14 days ago, is that I have received no other correspondence from either company, and from what I have read, Shakespeare Martineau are known to use texts with links to online letters. I haven’t received anything from this solicitors firm, until today, when I have now received a letter in the post from them. The letter is dated the 22/4/21, and states that I can contact them to arrange payment. Two things here, firstly, does anyone have suggestions about whether to contact the solicitors to arrange payment, or to contact SW. I’m confused now how they can write to me, for the first time, asking me to make an arrangement to pay, two weeks after I received a claim form? I would really like to arrange to pay SW and have the debt returned to them. I was involved in a life changing traumatic accident last year, and this has affected my mental health and focus on debts. I have spoken to Stepchange and they have advised there is a form I can fill in and send to companies to receive compassionate support during this time. Has anyone used this before, and does it work? secondly, I need to file the defence which I’ve written, as otherwise they will judge against me automatically. Is there anyone who could cast an eye and tell me if it’s suitable please. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. The Claimant has not complied with paragraph 3 of the PAPDC (pre action protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. It is accepted that I currently reside in an area that is serviced by the Claimant as a statutory water and sewerage undertaker pursuant to the Water Industry Act 1991 (the Act). The Claimants claim of £4882.20 for unpaid sewerage charges payable under s.142-144 of the Act and the Claimants' Charges Scheme for the period 14/01/14 to 23/07/20 is denied. The claimant has never billed or contacted or requested this amount and is put to strict proof to evidence this fact. Furthermore the claimant is prevented from back billing for a period of more than 6 years pursuant to the limitation act 1980. I requested information with regards to making a payment arrangement or through the Watersure scheme but have had no reply to my communication. I was not offered a payment card, or any offer of help, despite my contact to state I have a disabled child. It is therefore for the above reasons that the claimant claim is denied As an aside, the debt is in both my husband and my names. I’ve discovered my husband had been hiding debt, and not paying certain bills. We have separated and are going through a divorce, and he lives elsewhere. I’ve told him there will be a debt which needs paying, in some form, and he said he will make a payment monthly if an agreement is made with SW. Is there anyway I can get this debt split between us, I’m not sure there’s is, but thought I’d ask. Thank you
  18. And the debt Andy, what would be the best course of action for the actual debt that SW say I owe?. Do I call them and make an offer to pay. They’re not going to write it off, Do I need to make contact
  19. Still can’t quite believe it I mean, I haven’t technically won, but it certainly feels like a victory. Many Thanks
  20. Can they start a new claim? Does anyone know if this debt, some £3500, will be written off. I can’t quite believe that will be it from Southern Water. I’m currently paying them for the current bill, but am I right in thinking that the County Court claim is not only dead, but the debt is now unenforceable
  21. Give that girl a pat on the back STRUCK OUT PEOPLE special mention to this group for their help. My obvious question is, can they restart this, or what happens to the debt? For now though, this claim is closed
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