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Yorkshire Water CC Claim Form Received


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Can the nice folks of CAG guide me through the next stages and what I should do next.

 

This morning i received a CC Claim Form from the Northampton County Court Bulk Centre.

 

The Particulars of claims are as follows.

 

The claiment's claim, of which full full particulars have been provided to the defendent, is for charges owed by the defendent to the plaintiff in respect of Measured Water Services to the meter situated at:-

 

****

====My Address====

****

 

and the claiment claims: 1) 242.81

2) FEES & COSTS

 

 

The thing is there was an ongoing dispute with Yorkshire water over water i purchased for the first 6 months i lived in the property, when the water was not of a standard for drinking. The water tasted foul, and could not be drunk.

 

For 6 months i was buying bottled water for my family from a supermarket at £1.19 for a 5l bottle.

 

We were consuming around 8 Litres per day for the 4 of us.

 

Over the 6 month period we spent nigh on £320 on bottled water.

 

Yorkshire water instructed us to send them the receipts for the water, to which i did.

 

On further telephone calls, they stated they have not got the receipts, but i definately sent them to them.

 

Where do I go now, do i accept it and pay it.

 

 

Thanks in advance

 

 

David

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Firstly you have 14 days to acknowledge service of this POC plus, if you defend, a further 14 days to submit a defence so don't panic.

 

Did you keep a copy of the receipts or have you proof of posting?

 

Have you anything in writing from YW admitting liability or stating that they would pay for the bottled water? Or have you kept a record of the calls & content made to YW? If not, I would start by sending them CPR18 request asking for all information on your account, incl. tell calls & correspondence. There is an eg here that is in relation to a credit agreement but you can adapt:

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION UNDER CPR18

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

Edited by foolishgirl
TYPO

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks for your reply.

 

Stupidly enough I did not keep copies of the receipts.

 

They have never stated they will pay for the bottled water, but have said if i send the receipts in they will look at the situation and make a decision.

 

As for the Example letter you provided (thanks) could you point out which bit sof that letter would not be pertinant to my case, for example the bit about signed agreement, is that not required in my case.

 

Thanks

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Re your CPR letter, you need to amend Points 1-3 as:

 

1. All records you hold on me relevant to this case, including but not limited to:

a. Copies of any correspondence submitted to you or sent by you regarding this account since xxxx

b. Copies of statements issued since xxxx

c. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

d. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

2. Any other documents you seek to rely on in court.

 

 

Re. your defence: it makes it difficult if you haven't got the receipts but not impossible. You need to state the facts re. the bottled water & try to recall how much you claimed for when you sent in the receipts. Have you got a copy of the covering letter you sent with them? Do you know when & who you spoke to re. sending them in? You really need to collate as much definite info. as you can to formulate a credible defence.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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