Wessex Water Court Action Claim Form Received **CLAIM WITHDRAWN**

[webbscatering]

Thank you Citizenb I have made a note and will file my acknowledgement via MCOL on the due date, you help is greatly appreciated

[BankFodder]

The claiments claim is for charges fixed in pursuant to the Water Industry Act 1991 in respect of charges for water services supplied as previously billed and due up to todays date. The total amount due from the defendant is set out alongside.

The amounts owing to your water services provider have been legally assigned to the claimant and you were previously given notice of this.

 

Amount Claimed = 1752

Court Fee = 105

Solicitors costd = 80

Total amount = 1936

 

thanks

 

1. The claimant is estopped.
   
2. The claimant is an agent or department of the water supplier.
   
3. The assignment of the alleged debt to the claimant is accompanied by all of the liabilities and responsibilities of the alleged debt.
   
4. The water services provider - Wessex Water***correct name***) by their negligence and in breach of the water services contract with the defendant failed to bill for water for approximately three years from **month** year to **month*** year.
   
5. When their failure was realised, the water supplier sent a large bill for £***** to the defendant
   
6. The defendant, unable to pay such a large sum discussed the problem with the supplier who agreed to accept installments of £*** per month.
   
7. The defendant, in good faith made the installments regularly and without fail and when in ***month year *** the supplier asked for an increase in the installments, the defendant complied.
   
8. There has been no break or problem with the installments.
   
9. The installments are at the limit of what the defendant is able to afford.
   
10. The defendant has acted in good faith throughout and has relied upon the water supplier's promise to accept installments.
    
11. The defendant is an unwitting victim of the water supplier's negligent handling of the water supply account.
    
12. The water supplier has now reneged on their promise to accept installments.
    

 

The defendant will apply to add the water supplier to the action as a part 20 defendant for the purposes of the following counterclaim

 

Counterclaim

1. The part 20 defendant has conducted the defendant's account negligently and in breach of their contractual duty in that they failed to bill for water during XXXperiod to period**
   
2. As a result of the breach, the defendant has suffered serious difficulty and inconvenience.
   
3. The defendant claims damages compensation not exceeding £100 in the discretion of the court.
   

 

It's a bit rambling - but it will do.

 

Frankly I think that you want to avoid all of this if you can because it is a huge waste of time.

File this defence and counterclaim - if you are satisfied that it represents the truth. Then we'll work out a letter to them and point out that they are being stupid and that you will withdraw your counterclaim if they will behave themselves.

[BankFodder]

By the way, read up on estoppel and on part 20 so that you know what you are getting into

[Bandit127]

Another couple of questions to add from me.

 

From your POC:

The amounts owing to your water services provider have been legally assigned to the claimant and you were previously given notice of this.

Are you being taken to court by a debt collector? If so, have been paying your installments to Wessex or this debt collector?

 

I can certainly see a CPR request for the alleged assignment and the account history to determine the sums owing.

[citizenB]

You could use the CPR request to obtain information, however it is unlikely you will receive anything. It has been suggested that you use a DSAR (Subject Access Request) if this does end up in court, then the information you obtain from that could be very useful.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

 

It will cost you £10.00 - needs to be sent to Wessex Water (their head office/registered office address). They have 40 calendar days in which to comply and they should provide all data in connection with your history with them.

[webbscatering]

the claimant is Bristol Wessex Billing Services Limited and if it helps the case then I will apply for a CPR, many thanks Bandit

 

I was looking at both last night thank you Bank Fodder

 

we will send it off today thank you Citizenb

 

Acknowledgement has been done as of the 16/11/2014

[webbscatering]

Good Morning CAG,

 

A bit of good news they have written to us and said they have withdrawn the claim and we are to continue with our current agreement, do I still file the defence as I have had no notice from the courts as of yet or should I trust them and use their letter against them should anything go wrong, sorry for the delay in contacting CAG but so busy working, thanks

[BankFodder]

Have you not filed the defence yet?

 

I would not trust them – simply because of their inability to act efficiently.

 

It costs you nothing to file the defence and counterclaim, so I would do that immediately.

 

If the claim really is withdrawn then no damage is done. If the claim is not withdrawn then you have protected yourself from the possibility of a default judgement.

[webbscatering]

Morning Bankfodder, I am a bit stuck on the counter claim section of MCOL can you advise if I am to fill out this section I am guessing I do and pay the fee:

 

"If your claim is for a specific sum of money, how much are you claiming?" is it £100 if so this cost £25

 

"My claim is for (please specify nature of claim in a maximum of 76 characters, including spaces). Do I put this? "The defendant will apply to add the water supplier to the action as a part 20 defendant for the purposes of the following counterclaim" if so this is over 76 characters long.

 

 

"What are your reasons for making the counterclaim?(Please state your counterclaim in a maximum of 4000 characters) " and this is my counter claim.

 

Counterclaim

 

The part 20 defendant has conducted the defendant's account negligently and in breach of their contractual duty in that they failed to bill for water during Feb 2009 to March 2012

As a result of the breach, the defendant has suffered serious difficulty and inconvenience.

The defendant claims damages compensation not exceeding £100 in the discretion of the court.

 

thanks Bankfodder, I will be back soon need to take daughter to dentist

[BankFodder]

I didn't know that there was a fee for a counterclaim. If there is a fee – then forget the counterclaim just put in the defence – unless you want to make your own claim against them. I suggest that you at least put in a defence in order to cover yourself because you can't rely on these companies to do what they say they going to do. If you end up getting a default judgement despite their letter then it will take a load of time and trouble trying to undo it.

[webbscatering]

all done now thank you Bankfodder