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    • Yes owners of the debt can issue a UK court claim if you reside in the UK, subject to UK court procedures, so can defend the claim. 
    • So between 08/07/2015 to 11/06/2019, did you have an agreement with the landlord in respect of this address where the water bill is owed ?  If so, did the agreement with landlord say you were responsible for water & sewerage charges ? 
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    • I came back home on Monday and found this Claim form in my letter box. In the light of what I have explained earlier in regards to this debt claim, can anyone tell if I have any chance fighting it in th Court. SW in the last conversation request the proof of me living somewhere else, which I can't provide. They have info from the landlord of property being rented to me, I was there on electoral register, had bank account opened on this address, Driving licence had this address etc., but I wasn't living there.      Name of the Claimant -  Southern Water services   Date of issue – 12/06/2019     Particulars of Claim   The Claimant is statutory...etc The Claimant claims the sum £969 for unpaid water and or sewerage charges payable under s. 142-144 of the act and the Claimant Charges Scheme. The unpaid sum of £969 is for period 01/04/2014 - 08/07/2015. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year  from 08/07/2015 to 11/06/2019 and also interest at the same rate up to the date of the judgment or earlier payment at daily rate of £0.21   What is the total value of the claim? £1423   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes Letter before Action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes, COA address.   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?    No, water charges   When did you enter into the original agreement before or after April 2007 ? Allegedly after - April 2012   Do you recall how you entered into the agreement...On line /In branch/By post ? No   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No, no anymore   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. Southern Water - original creditor   Were you aware the account had been assigned – did you receive a Notice of Assignment?   Did you receive a Default Notice from the original creditor? No.   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No   Why did you cease payments? Never. I wasn't aware of bills.   What was the date of your last payment? Never   Was there a dispute with the original creditor that remains unresolved? Yes, creditor did not take my notice of bills being wrongly issued in my name.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • If the case was brought before a UK civil court would UK rules apply or foreign rules?   I wonder if the original contract would strate what jurisdiction it's terms would be decided by?   I note that UK contracts frequently have a clause that says in so many words that any disputes  will be interpreted under UK law.
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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4850 days.

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Sent a fax on 3rd March to Barclays Customer Relations with the letter template. Got a reply 2 days ago (arent they efficient) and it seems like they have a bog-standard letter for the kind of requests that are being made now.

 

Quote:

"under the DPA, you are entitled to a copy of the material held access across the Bank that qualifies for disclosure as your personal data - this is known as a data subject access request. to initiate the process, Barclays will require payment of 10 fee per individual which should be provided by cheque.

 

Please note that barclays is not under an obligation to present the information according to any particular format. therefore your request to assemble a schedule of charges is turned aside. i can confirm however that copy statements will be supplied upon payment of the fee"

 

10 quid on its way then Barclays!

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Mmmmhhh.... Wonder if it's worth replying that actually, you also want to see the notes made on your account, and in particular any evidence of manual intervention, if any... I feel a trend is coming up where they'd rather send statements, which are fairly neutral, then the actual info held on accounts...

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Bookworm wrote:

 

I feel a trend is coming up where they'd rather send statements, which are fairly neutral, then the actual info held on accounts...

 

I would agree. Its getting very easy to get copy statements. I will wait and see what my request for details of manual intervention brings forth.

 

Anyone prepared to give odds on my getting it?


The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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If you use the DPA rquest in the library, this asks specificfically for evidence of manual intervention.

If they don't send you any evidnce then send them a note telling them that you conclude from this that there has been no manual intervention.

 

If in court, they refer to manual intervention then bring all of the correspondence to the notice of the court and ask that the court refuse to hear evidence (This is called Estoppel) of manual intervention unless there is an adournment and the bank makes available its evidence to you 14 days before the evidence is finally presented to the court.


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I will wait and see what my request for details of manual intervention brings forth.

 

Anyone prepared to give odds on my getting it?

 

You can't get blood out of stones (though your bank might try, lol). Likewise, they can't give you what they ain't got :lol:

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This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4850 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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