Received Court summons - Unpaid Water Bill

[sKoObS-vArIoUs]

Hi there, I'm new to all this. I've read your rules & figured this is the best place to post this.

 

I have an UNPAID water bill, going back 4 years. I've been on various Benefits since 2002, and really struggle to make ends meet ...

 

After years of standard DCA 'threats', I finally received a County Court summons from BRYAN CARTER & Co, for the sum of £690.02, inc. Costs / Fees. As specified, I really cannot afford this amount!

 

Having read through some earlier posts re: this company, I responded IMMEDIATELY, using your letter template for CPR. I also returned the Court papers, stating I wished to DEFEND their claim IN FULL.

 

I have since received back from BC a letter stating that :-

 

(a) "the debt relates to a provision of Service, and receipt of the Service is sufficient evidence of the Contract",

 

(b) "we DO NOT believe that the pre-action disclosure that you request is proportionate given the Amount of the claim, which will no doubt be allocated to the small Claims Track", and

 

© "we have however requested that our Client send you a copy invoice relating to the outstanding amount".

 

I am now unsure how to proceed from here. Do I request the info AGAIN, or are they simply using stalling tactics in the hope that my ignorance of the Law will mean they win?

 

HELP!!! Many thanks, S.V.

Edited August 24, 2009 by sKoObS-vArIoUs
spelling mistake!

[trooper68]

Hi there, I'm new to all this. I've read your rules & figured this is the best place to post this.

 

I have an UNPAID water bill, going back 4 years. I've been on various Benefits since 2002, and really struggle to make ends meet ...

 

After years of standard DCA 'threats', I finally received a County Court summons from BRYAN CARTER & Co, for the sum of £690.02, inc. Costs / Fees. As specified, I really cannot afford this amount!

 

Having read through some earlier posts re: this company, I responded IMMEDIATELY, using your letter template for CPR. I also returned the Court papers, stating I wished to DEFEND their claim IN FULL.

 

I have since received back from BC a letter stating that :-

 

(a) "the debt relates to a provision of Service, and receipt of the Service is sufficient evidence of the Contract",

 

(b) "we DO NOT believe that the pre-action disclosure that you request is proportionate given the Amount of the claim, which will no doubt be allocated to the small Claims Track", and

 

© "we have however requested that our Client send you a copy invoice relating to the outstanding amount".

 

I am now unsure how to proceed from here. Do I request the info AGAIN, or are they simply using stalling tactics in the hope that my ignorance of the Law will mean they win?

 

HELP!!! Many thanks, S.V.

 

 

Hi SV,

 

Don't panic, they are just morons, have you sent them a letter that you are not working and on JSA? Have you asked for a break down of the charges to the requested sum? My suggestion would be to contact the National Debt help line, they will give you help for free if you are on JSA

0808 808 4000 its free.

 

Give them a call, they are very helpful. They will give you sound advice for now. I'll bump until someone with a little more info than me.

 

trooper68

 

BUMP

[sKoObS-vArIoUs]

Thanks, Trooper68!

 

Yeah, in the past I've tried to explain my financial difficulties to them, but to be honest, they weren't interested. I made an offer of 10% IN FULL & FINAL settlement, which they refused point blank - surely 10% of SOMETHING is better than 100% of NOTHING..?!?!

 

And to clarify, I'm not on JSA, I'm on Incapacity Benefit (long-term sick) and that's unlikely to change in the near future. I'm not sure how Debt Line can help, anyway - it's already going to Court. I just need to know what I do now to put BC off - should I send a 2nd CPR request, since they've basically ignored my 1st one?

 

Any help I can get from here would be most appreciated!

[The GodMother]

no need just put it in ur defence they have refused to provide u any details in relation to the account.

 

When the AQ comes along u can put in that u want full disclosure under the CPR.

 

One question can u post up a copy of the points of claim as BC has a habit of breaking the rules/law.

[sKoObS-vArIoUs]

Thanks Godmother!

 

Er, what's an AQ - is that the Court summons form. I've had that already,

and responded. Also, what do you mean by 'Points Of Claim', would they

be on the summons, too? Sorry, not really up on all the Lingo!

 

Not sure i can post the exact paperwork either - I don't have access to a

Scanner, unfortunately ...

 

Do I need to send BC a 2nd CPR request, seeing as he's totally ignore my 1st one? I don't want them to CCJ me in my absence ...

[The GodMother]

no u dont need to send a second cpr to BC.

 

Have u submitted a defence yet?

 

AQ is a allocation questionaire tha normal follows the defence being submitted and a few other bits.

 

Points of claim would be what they say the summons is for like:-

 

the claimant claims £xxx for a regulated credit agreement under number 1234567890.

 

summing like that.

[sKoObS-vArIoUs]

Hi Godmother,

 

I haven't filed my defence as yet, I've only notified the Court that I INTEND to defend it. So far I've requested everything from BC as per the letter template.

 

The summons reads ...

 

"The Claimant claims £523.17 being the balance of consideration outstanding to it under Contract Number TVW3864186-1 in respect of services rendered to the Defendant. The Claimant also claims Interest thereon pursuant to S.69 County Court Act 1984 limited to one year to the date hereof at the rate of 8% Per Annum amounting to £41.85".

 

BC are claiming £565.02 PLUS

 

£55.00 Court Fee

£70.00 Solicitor's Costs

 

TOTAL = £690.02

 

Is that the info. you needed? Many thanks, SV.

[bazaar]

You need the breakdown for the £523.17 to see if theyve added any fees or charges on. Your CPR request should give you that.

BC are indeed morons and very devious. It doesnt matter if the summons is for £10. you are requesting a breakdown, so its not an unreasonable request to make. Also the CPR is there so that you can negotiate outside of court.

[sKoObS-vArIoUs]

You need the breakdown for the £523.17 to see if theyve added any fees or charges on. Your CPR request should give you that.

BC are indeed morons and very devious. It doesnt matter if the summons is for £10. you are requesting a breakdown, so its not an unreasonable request to make. Also the CPR is there so that you can negotiate outside of court.

 

Hi Bazaar, many thanks for that

 

I'm assuming that the £523.17 is just the 4 years' worth of water, but

BC has REFUSED to provide a breakdown, saying that "We do not believe that the pre-action disclosure that you request is proportionate ..." -

I take it he's just playing games? Oh, and I'm fully aware of the kind of 'people' I'm dealing with here!

 

Do I wait for the Court to write back, or reiterate my demands under CPR? Cheers!

[bazaar]

SV Try to keep BC's comments in perspective, They usually run a mile once questioned. They can believe what they like, (cloud cuckoo land is like that;)). Youve made a reasonable legal request in the vein of the overiding objective which is to avoid costly litigation and not wasting court time.

They either give the breakdown now, or they get ordered by the good judge to disclose it.

Remember, its the judge that will decide everything, NOT BC. The judge isnt going to make you pay anything you cant afford.

[sKoObS-vArIoUs]

SV Try to keep BC's comments in perspective, They usually run a mile once questioned. They can believe what they like, (cloud cuckoo land is like that;)). Youve made a reasonable legal request in the vein of the overiding objective which is to avoid costly litigation and not wasting court time.

They either give the breakdown now, or they get ordered by the good judge to disclose it.

Remember, its the judge that will decide everything, NOT BC. The judge isnt going to make you pay anything you cant afford.

 

Thanks, Bazaar! I was hoping not to have to go to Court, if possible ...

 

I know that the Judge will probably award them some token payment like

£1.00 a month, 'cos it's based on my disposable income (which is pretty much Zero...) I just can't understand the logic in suing someone who's got NO MONEY in the 1st place... seems pointless.

[sKoObS-vArIoUs]

Is it OK to BUMP this? ;-)

[sequenci]

My suggestion would be to contact the National Debt help line, they will give you help for free if you are on JSA

0808 808 4000 its free.

 

 

They will give you help regardless of earnings

[sKoObS-vArIoUs]

Re: Veolia Water Summons / Bryan Carter & Co.

 

Hi there

 

After several months of hearing NOTHING, I have today received a CCJ courtesy of BC & Co, for the amount of £715.02

 

It says "Judgement For Claimant (In Default)", but other than the 1st CC summons, I've received no other Court documents! Can they do that???

 

I received a summons back in August, which I replied to using Recorded Delivery post, requesting EVERYTHING under CPR (?) - as suggested by your contributors on here

 

BC wrote back saying that they DIDN'T have to disclose what I'd requested at all, but they got Veolia to re-send all their back-dated Invoices, which I received.

 

I then wrote directly to Veolia, reiterating my offer to pay, based on my meagre income. I recieved NOTHING from either party until this morning!

 

What do I do NOW? I don't want a CCJ against me, and I cant afford top pay what they're asking. The Court has supposedly said I should pay £50.00 A MONTH!!!

 

HELP!

[sKoObS-vArIoUs]

B U M P ...

[sequenci]

have you contacted the court to see if the CCJ is legit?

[sKoObS-vArIoUs]

Hi sequenci

 

I've just called the Court and yes, it is a real CCJ. Apparently I returned the Acknowledgement requesting further time to get the necessary paperwork together for my Defence (* which BC & Co REFUSED to provide IN FULL). As I'd heard nothing more, (other than receiving copied statements, NOT full disclosure under CPR), BC & Co went ahead and CCJ-ed me in my absence.

 

However, the Court are sending me out the paperwork to get the Judgement 'set aside'. Hopefully I won't have to pay the £75.00 Fee 'cos

I'm on state benefits.

 

What should I do in the mean time? :-/

[bazaar]

Wait til you get the paperwork from the court to set aside, you should be able to have payment of the fees deferred due to being on benefits. Thsi time make sure you keep on top of the timelines. DO NOT TRUST BC IN ANYTHING. You see what theyve already done to you.

Deal with the court directly.

If you dont get the SA papers then call the court.