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    • Include that in your witness statement along with that letter as an exhibit.
    • Yup, well so far they have lied to me about responding to a CCA,  are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.
    • Paragraph 2. I think there should be further down and also you should make the point that the payment to was made unilaterally and without the imposition of any conditions. Paragraph 3 – this is unnecessary because you are not claiming as an entitled third-party. This worries me because it makes me feel that you haven't fully read around because this is a paragraph which you would include where you were suing EVRi as a beneficial third party because you had actually made your contract with Packlink or some other broker. I think you need to revisit and do some more reading. I'm afraid I have a sense that you have simply copied this from somebody else's witness statement without understanding that it wasn't necessary. Please can you post the amended draft. Other than the suggestions above, it looks okay – but let's see it again for a further appraisal. In terms of the evidence, parties bundle, I think it might be an idea to start off with the correspondence with EVRi and then go onto the other evidence. You will have to amend the index page accordingly. You could shorten this bit. Take 19 is pretty well blank and you may as well miss it out also, there seems to be some repetition of emails and the email chain. I think will be worth going through and getting rid of duplicates if you can. 49 pages is a bit long and it would be a good idea to try and reduce the number. I have a feeling that 50 pages as the County Court limit anyway. The judge will be happier with you if the bundle is smaller. Maybe you could reduce the size of some of the images or messages et cetera. You have got several messages which straddle onto a second page so that things like sign off information and standard confidentiality information become orphans. A bit of manipulation and they could be joined to their parents I think. Page 31 as an example. So is page 19. You may only be up to shorten the whole thing by 56 pages – but I think it would be a good idea. 56 pages is, after all, 10%. If you can do more then so much the better
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Anglian Water! £2800 bill!


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I had Anglian Water contact me at my address kindly telling that I owe over £3000!!

 

I asked how this could be as I had only lived at my partners address since last year and their records indicated I had been there since I think 2010,

and I had somehow taken on my partners previous debt?

 

I phoned them and explained everything offered £40 a week but was told that my partners debt's go back to 2005

and I was indicated as living here etc.

 

they wanted proof of my old address/new address which I sent them and then received this email -

 

Dear Mr Anthony ****

 

** ****** CLOSE NORTHAMPTON

 

Thank you for your recent e-mail.

 

I can confirm that we have now updated our records as per the proof which you have provided

and the revised bill should reach you within the next five working days.

 

Unfortunately, however I was unable to contact you or Ms ......... on the numbers provided as the calls went unanswered.

 

The information on the both the accounts are listed below for your reference.

 

Account number Account holder Liability period Current outstanding balance

 

1362**** Mr Anthony ***** 1 July 2012 – current £369.69

1018**** Miss Theresa **** 21 November 2005 – 30 June 2012 £2,869.63

 

I have now set up a payment arrangement on the account 1362****

and the new payment booklet should reach you within the next seven working days.

The first monthly instalment of £40.00 will be due on 8 June 2013.

 

However we are unable to set up a payment arrangement on the account 1018**** as it has been transferred to SRJ Debt Recoveries Ltd,

therefore if you wish to set up a payment arrangement on this account, kindly contact SRJ Debt Recoveries Ltd from the below given contact details.

 

SRJ Debt Recoveries Ltd

3 Genesis Business Park

Albert Drive

Woking

Surrey

GU21 5RW

 

Telephone No: 0845 313 7200

Fax No : 01483 714845

 

If you’ve any further queries, we are here to help. Go to www.anglianwater.co.uk, our virtual assistant, Amanda,

can answer many questions and guide you to further help.

 

Customer Services

 

......................................................................

 

 

To which I replied -

 

From the 1st July onwards the account should show as a joint amount as we both live here and are responsible for the water payments.

 

I will not deal with or enter into any negotiations with debt collection agencies unless they can prove that i/we owe them the money

with all of the previous statements / meter readings etc.

 

Kind regards,

Anthony.

 

......................................................................

 

Is there any way we can go about writing off the previous debt?

I dont mind being £300 in arrears but not £3000!!

 

My Mrs has said that in and around 2008 she cancelled the direct debit she had with them after they increased it without her knowing and she incurred bank charges

- she never paid them again.

 

However most of the debt was from her previous address before 2005!!!

 

What can we do?

 

SAR?

 

Thanks again,

Tony.

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Easy. Send them a prove it letter referencing the account.

 

See what comes back. If a DCA contacts you, tell them to bugger off as the debt is in dispute. You dont need to give them a reason as they have no legal rights. If they keep contacting you, send the harassment letter and get the OFT involved.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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urm..

 

just remember water is NOT a priority debt like gas/electric

and any old debt and be dealt with in a VERY small token payment.

 

you dictate the repayments not

them do it bank transfer or SO

 

don't setup a DD

 

they cannot FORCE you to pay too much

 

they are NOT a priority debt

old water bills can be treated as like any other.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh and ofcourse

 

if that's not right

 

theres always the 6yrs rule

statute of limitations

so that last bill is SB'd

 

unlucky AW

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they can only back bill 6yrs

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I thought they could only back bill 6 years from last payment/recoginition of debt?

So if last payment was 2008 sometime then it would apply anytime back from 2002?

Or have I got this all wrong??

 

Can I SAR them - whats the plan of action with this chaps?

 

Need to set about getting what I think is an unlawful HSBC default off my account

and come december when the welcome CCJ drops off I am clear!

I will make another thread for this if you dont mind though?

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lets clarify this

 

its 6yrs from today...end off

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for clarifying.

 

I have received the bills today actually dating back to november 2005, so realistically they can only chase from say 1st jun 2007?

 

What do I say to them?

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Dear Sir/Madam

 

Account No:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that under the Limitation Act 1980 Section 5:

 

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I/we would point out that in their Debt Collection Guidance, the OFT regard the following unfair or improper business practice for a creditor to:

 

pursue the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period.

continue to press a debtor for payment after he has stated that he will not be paying a debt because it is statute barred.

 

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

 

Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act,

I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

 

I/we await your written confirmation that no further contact will be made concerning the above account and that this matter is now closed.

 

Yours faithfully

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This^^ says the opposite dx?

 

Can anyone else confirm?

 

:)

 

EDIT/

 

Ahhh got it - CAB says -

 

You cannot be charged for more than six years’ worth of back-billed energy charges, even if the supplier is not at fault. This applies to domestic and business customers

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water is not energy bill

 

energy bills are subject to a ONE year limit,

whereby if they have not sent you a bill in the last 12mts

they cannot ask for money passed that previous 12mts period.

 

a water bill is not an energy bill so sadly that does not apply.

 

a water company bill is treated the same as any other 'debt' [credit card, catalogue, etc]

 

they are not a priority bill, esp old bills from them.

 

you could quite happily offer them £10PCM and there is little they can do about it

 

this is why its always worthy to negotiate with them.

 

to get more out of you over a smaller time period

they might well wipe part of the bill

to gain a higher short-term gain.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1362 is the only bill you need to pay

 

the other is WELL statute barred and they are trying to spoof you into paying it.

 

send that letter posted above

 

just adapt it to read properly for your debt

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

make them prove it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Just received an email to follow the above...

 

Thank you for your email.

 

 

 

Please note that the account 1018***

 

is in the sole name of Miss Theresa ****** for the period from 21 November 2005 to 30 June 2012.

Therefore the outstanding balance of £2,869.63 is correct and payable.

 

The account has been transferred to SRJ Debt Recoveries Ltd, therefore if you wish to set up a payment arrangement on this account,

kindly contact SRJ Debt Recoveries Ltd from the below given contact details.

 

 

SRJ Debt Recoveries Ltd

3 Genesis Business Park

Albert Drive

Woking

Surrey

GU21 5RW

 

Telephone No: 0845 313 7200

Fax No : 01483 714845

 

 

Regarding the account 1362***

 

please be advised that we have already opened the account with effect from 1 July 2012 in your sole name.

I note from your comments that you wish to add Miss Theresa ***** name on the account as she is jointly responsible for the charges at the property from 1 July 2012.

 

In order to update our records, please provide us with the written confirmation from her stating the same.

 

If you’ve any further queries, we are here to help. Go to www.anglianwater.co.uk, our virtual assistant, Amanda, can answer many questions and guide you to further help.

 

 

 

Customer Services

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If a dca is only actinf on behalf, then tell them to bugger off.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You can chack on your missus' credit files to see if the debt is registered and to whom.

 

If it was sold on then she should have been notified anyway.

 

They clearly havent been in touch for yonks so they more than likely own the debt but think that they arent going to get it so have given the leg work to the DCA

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  • 2 weeks later...

water bills will not be on a cra file.

 

I wuold setup a payment arrangement directly with AW

 

£1PCM will do

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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