County Court claim Welsh water

[Black Snake]

I have just recieved a county court claim dated 01/09/14 from Welsh Water for water charges and sewerage charges for the period 01/04/14 to 31/03/15.

The amount being claimed is £558.12 plus court fee £60 and solicitors costs £70.

I made a payment of £288.12 on the date the county court claim was issued not knowing that Welsh Water had issued the claim. This payment represents more then the 5 months charges I actually owe Welsh Water.

My question is are Welsh Water legally allowed to issue a county court claim for water and services I have not yet recieved and if not how do I formulate a defence ?

Thank you in advance for your invaluable help and advice.

[AndyOrch]

Hi Black Snake

 

Indeed they are allowed to charge the full year...it clearly states this on their statement should you default in payment.The fact that you have since made payment and now the debt stands at £270.00 plus court fee £60 and solicitors costs £70.(£400.00)

 

So you dont have a valid defence...best to try and pay the balance or speak to them to request a payment plan (although they may decline now as you have defaulted)

 

With regards to the claim form you can amend the amount now outstanding and either continue to defend or admit.Should they proceed and you do get a CCJ you have a month to pay it in full anyway therefore avoiding the CCJ being registered.

 

You will not be offered monthly payment plans in the future by Welsh water as they will look at this and decline.

 

Regards

 

Andy

[AndyOrch]

Thread moved to the appropriate forum.

[Black Snake]

Hi Andy

 

Thank you for your quick replay even though it was not the reply I was hoping for as it appears there is little point in submitting a defence. Is there a way you can suggest of contacting Welsh Water and paying the balance early and avoiding the court and solicitor fees ?

[AndyOrch]

You see that's the problem once the claim is issued...the costs.. the sting in the tail.You could ring them and try to negotiate a plan....or ask for settlement by way of a Consent Order if they are prepared to drop their costs and sol fees and discontinue the claim.

 

Can you offer a valid reason for defaulting on the monthly payment arrangement?

[Black Snake]

No I dont really have a valid reason other I have been preoccupied with other personal events going on in my life.

Can you explain Consent Order please ?

[AndyOrch]

A Consent Order or A Tomlin Order can be agreed between parties to stay the current litigation and will contain a schedule(agreement) that both parties are bound to adhere to.You would agree payment by x or monthly payments of £ by X to settle the balance they could agree to stay the claim and each party bear its own costs but should you fail to follow and abide by this order they will request judgment...no second chances.

 

If they refuse or state that the costs remain then personally I would just admit the claim and pay the new amount by the stated date...no CCJ no trace of the claim.

[AndyOrch]

No I dont really have a valid reason other I have been preoccupied with other personal events going on in my life.

Can you explain Consent Order please ?

 

Always safer to arrange a Direct Debit or Standing Order...then being preoccupied has no relevance and safeguards the monthly payment facility.

[Black Snake]

Thank you how would I go about applying for a Consent order ?

[AndyOrch]

Thank you how would I go about applying for a Consent order ?

 

Just mention it when you ring them with your proposals...you cant apply for it ...its agreed between both parties if the claimant shows interest in the first place.

[Black Snake]

Ok so I have to speak to Welsh Water not the County Court ?

[AndyOrch]

Yes

[Black Snake]

Thank you Andy