Jump to content


  • Tweets

  • Posts

    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
  • Our picks

vic synex

South West Water Adding stayed Claimform + costs to This Years Bill!!

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1361 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Guys,

 

The wife and I have each received claim forms from South West Water after missing 2 payments which were missed because the direct debit was cancelled (but not by us!!!).

 

We've had no correspondence from them whatsoever regarding the arrears which we're more than happy to pay but they're claiming for the whole year's payments upfront.

 

Now I'm not sure what to do about this claim, I can't afford the full year in advance so I presume I'll have to fight this. I've acknowledged the form so have to think of something soon.

 

Any ideas gratefully appreciated.

Share this post


Link to post
Share on other sites

Take a read here vic

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?432449-County-Court-claim-Welsh-water

 

I will move your thread shortly to the correct forum.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Hi Guys,

 

We missed several payments last year due to a direct debit being cancelled

(not by us but SWW deny it was anything to do with them either!)

which resulted in a claim form being issued for the outstanding payments and also the remainder of the year.

 

We defended the claim as no pre-action protocols were adhered to and SWW refused instalments, insisting on the full balance for the year or nothing.

 

The claim was originally stayed but has now disappeared when I try to log in to MCOL.

 

This years bill arrived this morning and as well as this years outrageous figure,

they've added last years outstanding amount plus Solicitors and Court costs.

 

 

Now as the claim was stayed and they failed to persue it further am I liable for their costs?

 

Also they have not given me the option to pay monthly giving me till the end of March to pay last years bill

and costs and till the end of April to pay this years bill.

 

 

We can't afford to pay it in one hit, what our options?

 

Any help gratefully appreciated.

Share this post


Link to post
Share on other sites

don't think they can do that

 

 

I wonder if andyorch is around later and can confirm

 

 

I've merged your old thread for ref too

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

No they cant...they didn't proceed...therefore no judgment or costs.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Brilliant, thanks for the advice, guess I still have to pay last years bill though?

Share this post


Link to post
Share on other sites

why theres no judgement ?

 

 

you pay this years in 10 or 12 equal payments

no matter WHAT they say

there is NO LEGAL REMIT

that allows them to demand it in one or two split lump sums.

 

 

Water is NOT a priority utils bill

and does NOT have the same protection as gas/electric.

 

it can be treated as if its a credit card bill.

the only down side is it can be chased for 6yrs & they can [try!!] to get a CCJ.

 

 

write and tell them HOW and when they will get paid.

 

 

that way they cant argue!

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Many thanks for the information, some letters to be written I think.

Share this post


Link to post
Share on other sites

I think you need to try and find out why the direct debit was cancelled.

 

I think that you should query with your bank. If you did not have sufficient funds in your account, then they might have done something but you need to check.

 

At the end of the day you may have to send an SAR to South West Water and also to the bank.

 

If you can find out who cancelled the direct debit then I think that you have a strong complaint against them for compensation.

 

Who is dealing with the claim against you on behalf of South West water? It should be signed off by some solicitor. If they are trying to claim costs from you for a claim which has been stayed or discontinued, then I think that you need to consider a complaint to the Solicitors Regulation Authority.

 

I think that if you don't do something quite official about this, then they will keep on insisting that you open the money and eventually it will end up on your credit file. Have you checked your credit file?


Share this post


Link to post
Share on other sites

Hi Guys, me again.

 

 

I've had another claim form from South West Water this morning for this year's amount and for last years which they have already litigated for. That particular claim is currently stayed.

 

 

I have been in correspondence with SWW requesting a breakdown of the bill and they replied with a letter before action which had the wording "Letter before issue of claim" clearly displayed in the window of the envelope. I took offence to this and complained but to date have received no reply.

 

 

Can they litigate twice for the same amount?

 

 

Any advice gratefully appreciated.

Share this post


Link to post
Share on other sites

No, they cant litigate for the same amount twice. Do you have the original Claim details - it might be worth telephoning MCOL and asking them what the status of the original claim is.

 

Although having said that, if the original claim didn't progress - they haven't actually litigated. But there should be some reference to the claim having been discontinued, I would have thought ?


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Still have details of the original claim, I submitted a defence and they did nothing so it became stayed after the 28 days.

Share this post


Link to post
Share on other sites

Then simply tell them they already have a pending claim ....No xxxxxxxx which is currently stayed...ask them to clarify which they intend pursuing and which they intend to discontinue.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Would it be worth mentioning CPR 38.7 in a defence or just write to them "without prejudice" and explain the error of their ways?

Share this post


Link to post
Share on other sites

I personally would ring them....you shouldn't be submitting any further defences.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

I spoke to an oik at SWW yesterday who said that the litigation would proceed regardless and the only way to stop it would be to pay the full amount of the claim including their costs. So I'm looking at putting a defence together, will CPR 38.7 be the way to go?

Share this post


Link to post
Share on other sites

CPR 38 is not applicable as the previous claim is only stayed and not discontinued...so it will have to be a further defence...relying on the original with the addition of the new litigation and the claimant suing you twice for the same debt.

 

You could have a bit of fun with said defence...give me a nudge if you want any assistance.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks Andy, I was going to keep the defence short and sweet and rely on the abuse of process unless you have something up your sleeve?

 

 

As usual, any help gratefully appreciated.

Share this post


Link to post
Share on other sites

No...nothing up the sleeve... similar to that post, your intended here and I will add the legal.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Quick update on this guys, submitted my defence on 24th November which basically stated lack of itemised bills and the fact that they had already litigated for this account.

 

 

Heard nothing else so presumed the claim ahd been stayed until this morning when I received a letter from the local courts with a hearing date of 16th May allocated to the small claims track. Date for documents and witnes statements is by 21st April so any help or input will be gratefully appreciated?

Share this post


Link to post
Share on other sites

Need to see what defence you submitted ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks Andy, basically 2 points:

 

The Defendant denies the claim as the Claimant has failed to provide evidence of the alleged debt despite several requests.

 

3. It is averred that the Claimant has already issued a claim for this alleged debt (Claim number ********* in the Northampton County Court) which is now stayed. The Defendant is of the opinion that this is an abuse of process.

 

And the Defendants,

 

4. Respectfully request the claim be struck out or dismissed as the Defendants consider it to have little or no chance of success due to the obvious abuse of process and vexatious litigation which would be an unnecessary and improper use of the Court’s time and resources.

Share this post


Link to post
Share on other sites

Wish you had posted here first as advised in my last post...the above is rather lacking.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Unfortunately, I had to drop everything due to unforeseen work commitments and was unable to check back in due to not having internet access so panicked a bit hence the poor defence!!

Share this post


Link to post
Share on other sites
Unfortunately, I had to drop everything due to unforeseen work commitments and was unable to check back in due to not having internet access so panicked a bit hence the poor defence!!

 

Well you will now be able to expand on the defence vis a your witness statement...as there is very little in your actual defence you can refer to documents within the WS and they become your standard disclosure.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...