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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.
    • http://www.hadefpartners.com/News/333/Limitation-periods-in-the-United-Arab-Emirates   One of the key limitation periods to be aware of is the limitation period for a claim for breach of contract. We have been approached by many clients (including in-house counsel at large multinational and local companies, and even international law firms) who believe that the limitation period for a breach of contract (including a commercial contract) in the UAE is 15 years. What they are often not aware of is that the limitation period for commercial contracts (as set out in Federal Law 18 of 1993 (the “Commercial Code”)) is usually 10 years. Therefore, multi-million dollar claims dating back over more than 10 years may now be time-barred.   https://www.jstor.org/stable/3381662?seq=1#page_scan_tab_contents
    • how long did you sign up for ? if they claimed DD after that period …….
    • If this thread was started about your friend, please don't ask Q's about your dad or anyone else.   Keep this thread on track and use a new thread to discuss issues about YD, thanks.   Keeps thread simple and focused.
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blueskies

Successful Claims

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Hi,

 

Not posted before but thought i'd let you know.

I had a claim for £850. A&L didnt even offer to settle, dragged me all the way to court. I went in on the morning after the OFT case was announced. I was sure there was gonna be a problem. Barclays had some a solicitor there asking for a stay on all their cases that day. Thankfully noone from A&L.

I went in and the judge said he was ruling in my favour even before i had sat down! Full amount even though I had made some errors in my calculations. Then he said i woul get my £80 court fees too, and even asked if i had any expenses due to the court date, and awarded me £50 for days work, which is the maximum he is allowed.

So £980 all together, I think he is a bit bored of the whole thing!!

A&L have not yet paid up but its only been a week. Maybe thats another battle??

 

Keep it up guys!!

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The Oxford CC have thrown out the A & L defence and awarded me the judgement!! A & L failed to submit their skeleton defence in time.

 

Wragge & Co have today tried to settle for a lower amount after being given 3 opportunities to do so earlier! Why would I want to settle now when I have won!

 

I will now resubmit a full claim including all the updated interest charges, court fees etc (£3300) :) and also try to get some money back for the time I have spent dealing with this. I understand that the judge may award this to me but they don't have to.

 

Has anyone else managed to get anything back for personal time?

 

Thanks for all the advice

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I finally won after threatening court etc. After July it became nearly impossible, until I sent A&L copies of my debt management plan, income & expenditure, etc and asked them to reconsider my claim on an individual basis. They repaid me immediately - £557!!


Banofi :|

Lloyds *WON* £1469.82 :-D

NatWest *WON* £1177.00. :-D

Morgan Stanley *WON* £112 :)

Barclaycard *WON* £144 :)

Nationwide LBA 22nd Sept 2006. Court claim filed for £5792.29 31st July 2007.

Lloyds Credit Card flatly refused to pay me on 11/12/2006.

Egg Credit Card. Small offer made (£24.00). 17/2/2007, refusal letter sent 18/2/2007.

Useful links:

www.versiontracker.com/dyn/moreinfo/macosx/23608

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thanks for the info banofi, I think I'll try sending something like that before going to court . motley fool website recommended I do this despite current bank charges situation with the oft etc, congratulations anyway on your win!!

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£590 received - without signing anything! So my claim is still open.

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I take it that's not the total you claimed.


 
 

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If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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I claimed a and La few months ago under the hardship rules. Initially rejected but I phoned and appealed. Subsequently they repaid all my charges direct to my account. Unfortunately I still managed to accrue more charges. Last week I asked if my account could be transerred to their Choice Account. No problems and on riday I unexecpectedly got all my latest chares repaid into my account. Result!!!!!

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HI I won my claim - I was refunded all £522. I attach the letter I sent them below which might be helpful for people in a similar situation. Good luck!

 

Dear Sir/ Madam

I write in reference to the account above and the unfair charges that have been applied, currently at £422.57 (and due to have another £100 fee applied on 29th April) –

  • This account was opened in parallel with a savings account that matured after 12 months
  • After the savings account matured and closed, the current account remained open.
  • I have not used this account for a significant amount of time and hence the balance was zero before the charges were applied
  • Letters informing me of these under funding charges and unauthorized overdraft charges (caused by the under funding charges) were sent to my parent’s address of XXXX where I no longer live and consequently I only received them when I went to visit on the 3rd April. After opening the letters I visited the Alliance and Leicester XXX branch on the same day and spoke to a sales advisor who passed on the complaint to your Complaints Team for further investigation and changed my contact address to the one at the top of this letter.
  • I have since been refunded £25

I am thoroughly unsatisfied with the outcome. I feel that I have been taken advantage of given that it was obvious from the activity on my account that I had not used the account in months and therefore was not aware of the funding requirement.

To settle this, I am willing to pay a fee of £100, which I believe is entirely reasonable.

If my offer is not accepted and I do not hear back from you in writing at the following address (XXX), within 2 weeks, I will be refering the matter to the Financial Ombudsman Service.

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