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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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baconbuttyman

Rbs, I Am Going After Them

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I HAVE A FIRE IN MY BELLY AND A MONKEY ON MY SHOULDER........

i am going after RBS, i have just checked an account i only use for sky tv, i knew there was a charge or 2 but thats all, just checked my statements and found i have £250 inc interest.

i am going to start action for this money in light of the oft fiasco which has done us a favour imho. will keep you all updated, i have reclaimed over 7000 up to now.

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TOTALLY debt free as of 2007, Fantastic,

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Go get 'em BBM :)


If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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P.S. Give the site team a few days to get all the information straight... there is still a lot to take in regarding the latest judgment.


If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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i have looked at the judgement myself and think i have devised a firt letter that will be ok , here it is

 

I believe your charges are subject to the Unfair Terms in Consumer Contracts Regulations 1999. I consider that the regime of bank charges you operate is unfair within the meaning of these Regulations as they are not individually negotiated, they operate in much the same way as charges operated by other High street banks and therefore there is little alternative to myself but to agree to the charges. Furthermore the charges are contrary to the requirement of good faith and fair dealing as they lack basic standards of commercial moral practice and take an unfair advantage of the weak bargaining power of the consumer. They impose a significant imbalance in the rights and obligations between the contracting parties which is to my detriment. I also consider that the charges may be unlawful at common law.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. Furthermore you are bound by the Banking Code to treat your customers fairly and it is evident that you do not so. Under Clause 5(1) of the UTCCR, Unless terms and conditions with RBS have been negotiated and agreed on an individual basis, which they have not, then those T & C's cannot be used against Myself because this puts the bank in an advantageous position.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £247.00, I am Calculating interest on that figure at 8% which is £19.76. Total £266.76. This total is the figure I require you to repay to me.

I enclose a schedule of the charges which I am claiming with this letter.

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I am fully aware of the waiver which you are presently relying upon and which was granted to you by the FSA. However I am fully aware the waiver no longer stands

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you dispute that I am entitled to a refund of these charges, then please let me know within the above timescale the basis upon which you dispute together with the reasons why you consider your charges to be fair.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.


TOTALLY debt free as of 2007, Fantastic,

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I believe interest should be added at the court stage.


If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

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no interest is added on the letter stages. i have always done this on all the claims in the past.

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TOTALLY debt free as of 2007, Fantastic,

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got a reply from RBS this morning from the initial request, basically spouting about the test case and how the waiver has been lifted etc, BUT, they also said they would look into my claim and get back to me, its basically the same as the fob off letters of pre july 2007. i take that as a good sign, i have sent the second letter off today and they have 14 days from now to respond amicably other wise its going to court


TOTALLY debt free as of 2007, Fantastic,

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