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Anglian Water Claimform - Mediation


candiceaton
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I wonder if anybody could tell me what to expect, (I am about to undergo mediation and don't know if I will be tripped up or bamboozled...or if it is unbiased as what it is said to be...)

 

the water company issued a court summons, and I requested the free court mediation.

 

Facts are :- some payments were late, (monthly instalment book)

I have never missed any payments just later than stated payment date,

late due to RTA injuries and imobility, and subsequent DWP muck ups with money/appeals

removal of payzone facility, (no bank account)

discover another payzone 3 miles away to continue payment

I have never refused payment payment continues and will be doing

I qualify for a water trust fund payment after a specified time to prove I will continue

installments, then they pay any outstanding.

 

I can't see why it has even got to go to court mediation...

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Hi, It would seem that you may have exhusted

the water companies procedures.

Mediation is uncomplicated and very straight

forward and will be conducted by a mediator

between you and the creditors representative,

if you opt for ''a telephone appointment'' the

mediator will call you at the appointed time and

explain the conduct of the session, he/she will

then contact the creditor, who will put forward

their case and proposals, the mediator will then

call you back inform you what has been said and

you then tell the mediator your response, a mediator

is not a lawyer and cannot offer legal advice to either

party, but will be able to say if the proposals are reasonable

and workable.

If and when an agreement is reached there will be a consent

order stating that the parties have agreed to a settlement.

An order is made (Tomlin Order) stating in full the terms of

the agreement, you will be sent a copy to sign as will the creditor,

the signed order is returned to the court to be sealed at which

point it becomes binding on both parties.

If you agree to payment ''plan'' then this is binding and should

you fail to keep up the payment the creditor can apply for

judgement for the whole outstanding balance.

I suggest making payments by standing order on a day/date

convenient to you.

 

The service is fair and unbiased, and the making of a Tomlin

Order does not get recorded as a CCJ.

I hope this helps.

 

Brig.

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Thanks for that! I will wait and see what hapens next then, I am a little clearer now, many thanks for your time 'Brig'.

 

Have you received the mediation pack yet?

You can read up on the service on HMCS Small Claims Mediation

service on line.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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This is all a bit daft isn't it. The water company have received payments, but some were late. So why are they taking any court action at all. Surely there has to be arrears before the do this. I realise that it must be terribly inconvenient to the water company for everyone not to be paying upfront in full, every 6 months or by 10 direct debt payment. Do they take everyone to court, who happens to inconvenience them with their payment method or slightly delayed payments.

 

I read that there are 5 million households in the UK who are in arrears with water bills. Surely they cannot all be going through the same type of process as this.

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This varies wildly in my region the water company is

very litigious.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Candiceaton,

Brig is right,i went through one this week against seven trent water.

They issued a summons even though i paid the second instalment two days before i received the summons.

I settled for less than half of what they was claiming just to get rid of.

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Thanks for replies, 'Brig' I have not received a mediation pack yet I think its set to go ahead without me having one.

 

Yes 'Unclebulgaria', I agree it is rather like taking a sledgehammer to crack a walnut, because I have never missed payments just been late with a perfectly good reason., of which they were kept informed but are denying it of course - despite i have proof.

 

In fact if I were to say that I won't agree to mediation It would then go to court where I am led to believe a good judge would either not give it the time of day, or could rule that I pay less than I do now so that their debt is even longer being paid off, which would be their own fault.

 

It is just such a silly state of affairs. Its not like I ever refused or missed payment, I have continued instalments but no thats not good enough for Anglian Water is it...they havent even sent me a new pay in book so i must use photocopies of the last slip, because otherwise then they will be able to say I didn't pay..

 

.because they are so busy my mediation was a month later than first arranged so yes maybe they are taking all late payers to court as after all it generates a revenue .....:wink:

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