Yes. My last call with them, where I asked to spread this final payment of £182 over a three month period, which was flatly refused, they said there was £212 outstanding. Which I’ve paid in full

They agreed when I called, to me paying the arrears this month, I haven’t had a default notice from them. They are suggesting none of this matters, as I’ve paid less than 1/3. It’s as if they’ve agreed to me paying the arrears, and then decided ‘let’s just terminate the contract’? its bonkers I have 3 added charges which are £15 and £25 but have been on top of payments for the year of the contract until this first missed payment. I covered every single penny of the arrears which my last payment. My monthly payment is usually £182, but my payment to bring it up to date, as per my phone call with them was £212. There isn’t one penny outstanding

That’s what I thought, but the info on HP suggests that if anything less than 1/3 of the original finance is paid, the finance company don’t have to go to court?

Anyone help? I’ve been attending to my debts this year and playing catch up. I fell behind on car payments with Startline, but managed to get back up to date this month. However, tonight, a bailiff has text me saying that Startline have instructed them to commence repossession of the car. I owe them nothing, the DD is set up for 30/6, and I have not received any correspondence that would suggest they have ended the agreement. I have not quite paid 1/3 of the original agreement. Are they legally allowed to repossess the car with no arrears? Can they terminate the agreement with no notice? Ive Googled this question, but it’s not coming up. I imagine it’s a not something that a reasonable company would do, however Startline are known to act unreasonably, so I’ve now discovered. i will add that I after I had paid two of the outstanding payments, I requested help in spreading the remaining payment out over 3 months along with the usual DD, and this was turned down flat. i have written to the FLA who Startline are associated to, and made an official complaint, as this is on clear breach of 1E.5 of the FLA code of conduct.

Cool, I’ll speak to the court on Tuesday and see if I can progress it like that

Oh is that actually an option Andyorch? It did cross my mind that could be an option. I wasn’t aware I could make the request

I’ll call the court on Tuesday and inform them I’ve had nothing sent and hopefully they’ll have something definite I’ll call SW water scheme dept and ask if they can help me independently of the court case

Still no correspondence. I have spoken to the court, who, as it stands have nothing from Southern Water, but have a back log, and technically it could be in the system waiting to be processed. The direction either way, is to send it to the judge for further review and decision. MCOL is showing no further updates. Am I right in thinking that I would have heard from Southern Water independently from the court process. The last correspondence stated the claimant was to reply to the court and defendant. So I’m taking it as I haven’t heard, nor would the court. Anyone know what the next step would be, if Southern Water haven’t replied in time?

Probably best I’m off the morphine when I call the court then I’ll call when I’m home. I’m hoping they’ve missed the deadline, if so, I’ll hit you up for further directions. Thanks

Ok bear with me as I currently in hospital after surgery this morning. It’s ok, the morphine is making me feel hilarious. However, serious post, according to the MCOL, nothing has happened with my claim, and I’ve heard nothing from the claimant. They had until 4pm this afternoon. If they had done anything, would it be on the website? Or is there a possibility they’ve replied to the court but not online?

I suppose it is gender non specific, which is politically correct, covers all manner of homosapiens

Just going to jump in here, as I’m the other poster re:Shulmans and Southern Water. My case is literally just ahead of yours, I’ve defended and sent DQ back. My claim has always had both of mine and my husbands name, and I now have a form (see other post) which continues that way. I was told it has to be accurate, with both defendants names etc, as you can’t claim from a mystery person. Both parties should receive copies as well, which you don’t seem to have. Basicslly the whole Southern Water claim thing is an absolute bodge. Claiming for dates SB, dates when people aren’t resident, and errors throughout the forms. Horrific way to act, although I’ve akways accepted I’ll be paying something, it seems like they’re just banging out claims left right and centre without due diligence to the detail

Bring on Monday then

I posted the text of the N158 Notice of Allocation to the Small Claims Track above Just to clarify, I am still waiting for mediation. And have not heard from the Claimant either Is there anyone on here who can confirm for definite that there is nothing I need to do, and that it is Southern Water who have to reply to the court. That’s how I’ve read the form, and I haven’t sent any communication back. I am confused as to the nature of this form, what purpose does it serve?

1. Allocate this claim to small claims track 2. The Claimant do send a reply to the defence to the court and the Defendants by 4pm on 8th April 2019 3. This order having been made by the Court pursuant to CPR Rule 3.3 of the Civil Procedure Rules 1998, any party affected by this order has the right to apply to set it aside, vary or stay it by application made not more than 7 days after this order was served on the party making the application. When I’m at home tonight I can upload a photo of actual form if that helps. The points 1/2/3 are word for word from the form though

We’ve asked for mediation, however that’s taking longer than the court process. I was told this might be so. a judge has allocated to small claims track. Am I still waiting for directions after 8/4? I take it claimant (SW) is due to reply to court

Ok, I’ll sit and wait until after 8/4. Let’s see where it goes

I applied for help with my water bills back in February. In my email to Southern Water this month, I explained I was waiting for someone to contact me. This was his reply As yet I have not received any contact form the mediation service. Please feel free to contact me direct to pay the £1,500.00 and at the same time we could run through your income and expenditure to agree repayment options. I could also refer you to our Debt advice team to discuss the various schemes and tariffs you may be eligible for? I am available Monday – Friday 9am to 5pm on 0330 303 1261. I feel this is coercing me to pay and then arrange to see if I am eligible for a scheme. I believe this should be a separate issue, and cannot understand why they can’t deal with this independently. I wanted to make payment towards my current bill, and feel this is holding me back from doing so. I don’t see why he should be referring me to the debt advice team when they can contact me from my water scheme application in February Can someone advise me what I would do if the claim was struck out. I know it hasn’t been, it’s a general question on how a debt like this works. The debt would still be there, so would I speak to Southern Water to negotiate payment? By that I mean, if it’s struck out, the debt isn’t written off so what happens to the debt??

Thank you! The reason I thought this might be the case, is because I believe the Pre Action Protocol should have given me the amount being claimed, the costs and how they were incurred, and at least give me a statement of the costs I was incurring. Instead, it was a letter for £4000+ from Shulmans which said Letter before court action. I ignored it at this point, as we’ve had a few of these type of letters in the past, and they’ve then bounced them back to the original debtor. Interstingly, although I can’t prove it, the tiny date on Shulmans letter is October 31st, and the Claim Form from Northampton court is 12th December, so the we’re super prompt in sending it through to court proceedings after 30 days.

What is AFAIK? Mom getting notifications for both my thread and jerrythompson thread, so when I have replied, looks like I’ve replied on the other thread by accident

Well, I thought I had been using my time effectively, but it seems I underestimated my legal research. Number 3 went over my head. I thought I knew that I should sit and wait, but as a novice, I wasnt comfortable to wait without Asking for help Ive been diligently following instructions, reading up and not paying money that I don’t have to, in order that I can use my funds to pay as many debts off as possible

And the Pre Action Protocol situation? I'm tempted to run with it, as if I'm right, this could be struck out on the basis that the rules to take it to court, weren't followed as per the Oct 2017 ruling

I'm back for Round 2 of my Southern Water debt issue. Situation so far: I received a claim form from Northampton County Court in Dec 2018 with Southern Water being the claimant. The amount being claimed was for dates 11/07/2007 through to 07/07/2018 for £4559.62. After advice on this forum I ran off a defence citing Statute Barred for some of the dates, and that I had no Pre Action Protocol. A solicitor letter preceded this from Shulmans, who I believe are linked to UK Search who are the preferred debt collection company for Southern Water. This is a Letter Before Court Action letter . I'll get back to this in a bit. Shulmans then wrote to say that they were no longer involved in the case, referring me to Southern Water. After I had sent a defence off, I received correspondence from the courts to inform me that they were transferring the case to a court local to me, and allocating the claim to small claims track. They also sent forms for the mediation service which we have both agreed to, and are waiting for this department to contact either/both of us. During the time since I sent the defence back to the court, I have corresponded with Southern Water via the litigation department after I wrote to them asking for a breakdown of costs being claimed. They agreed that some of the costs being claimed were statute barred, and adjusted their claim via email with attachments of the bills being claimed. I have offered a token payment (without prejudice to save costs) which has been accepted, and they are open to offers of regular payments. They also suggested mediation and suggested a Tomlin order may be a viable option. Finally, I have now received a Notice of Allocation to the small claims track which states the following: 1. Allocate this claim to small claims track 2. The Claimant do send a reply to the defence to the court and the Defendants by 4pm on 8th April 2019 3. This order having been made by the Court pursuant to CPR Rule 3.3 of the Civil Procedure Rules 1998, any party affected by this order has the right to apply to set it aside, vary or stay it by application made not more than 7 days after this order was served on the party making the application. Here goes: Back to the Shulmans issue. On 30/10/2018 I received a 'LETTER BEFORE COURT ACTION'. The claim for from the court arrived on 12/12/2018. Which means this is definitely the letter sent prior to instructing the court to issue the claim form. My question, before I decide whether to continue defending this claim, is that I wasn't to be sure I'm legally sound on believing that this letter is not classed as a Pre Action Protocol What does number 3 on the newest form from the courts mean? This is the part that have copied above. Finally, I'm the defendant, so what should the Claimant be replying about on number 2. Do I need to do anything regarding this form. I'm reading it as there is work for Southern Water to do, but nothing on there suggests I have anything to send off. Thanks in advance, Bekki

All done. Thank you. Should I try to make an arrangement to pay the outstanding debt. I agree with the amount, but I didn’t receive the pre action protocol and the original debt being claimed included some debt which was statute barred. SW have amended this, but I don’t want a ccj if possible. If I agree that I owe this money, should I ask for time to pay (I have a small lump sum I can give to reduce the debt) by way of a Tomlin order. This was mentioned before. Or do I wait for the court process to progress

The solicitors have already sent me a form to say that southern water have taken the case over. I’ll fill it in online. Do I continue to try and negotiate with SW though?