Southern Water/SHULMANS claimform***Claim Struck Out***

[Gordy]

From which date do i count back from, date of the initial court summons?

[dx100uk]

date on the claimform

[Gordy]

Where and when do i actually write out my defence?

[dx100uk]

you've already filed your defence

[Gordy]

i see that now, dont know what i was thinking :/

[Gordy]

I received the court hearing date today, 26th October 2017. Should i post up a copy of the letter i received?

 

I wont be attending the hearing due to Agoraphobia so do i just need a short statement detailing my defence explaining which bills fall inside the 6 year statute bar?

 

Thanks.

[Vauban]

If you don't attend the court hearing then you run the serious risk of losing your case.

[unclebulgaria67]

I received the court hearing date today, 26th October 2017. Should i post up a copy of the letter i received?

 

I wont be attending the hearing due to Agoraphobia so do i just need a short statement detailing my defence explaining which bills fall inside the 6 year statute bar?

 

Thanks.

 

Contact the court with a Doctors letter stating your medical condition with the Doctor saying that you cannot attend a court due to the condition. The courts should have an alternative way of conducting the proceedings allowing for this. E.g you might be able to attend the court hearing by phone. They will phone you on the day and you join them by a conference call.

[dx100uk]

might not even happen

you need to follow the directions on the questionnaire

and get a witness statement done..does it say that? should do

[Gordy]

I will reply in full little later but i assumed this would be a slam dunk? courts should automatically (in an ideal world) do this 6 year stature bar themselves so i assumed all partys would be on board with my defence? Im obviously very naive lol.

 

Attending court during times when my Agoraphobia is good would have been tricky as i cant predict a good day and anxiety tends to go through the roof when an activity has the added pressure of HAVING to be done, most of what i accomplish is very spur of the moment. These alas are not good times anyway and a man with a very large cheque and naked ladies couldn't entice me to attend the court.

 

Ive had to testify in court a few years back for a near stabbing and attended by tv. Was an awful experience where i could barely hear anyone and no one seemed to know what they were doing.

[Gordy]

Again pardon my ignorance but what do i need a witness for?

 

I shall contact the court to see what kind of proof of Agoraphobia they would like.

 

Here is the letter i received...

court letter.pdf

[AndyOrch]

You dont need a witness...you are the witness to your own defence......hence you need to file and serve a witness statement which particularises and supports your defence as evidence. Fail to submit one or fail to disclose any documents as per the courts directions you run the risk of having your defence struck out....(which I spent time drafting for you).

 

Try not to get arsy with the courts directions simply because you do not understand the procedure Gordy

 

Andy

[Gordy]

Not sure why im coming across as arsy, im perfectly happy providing whatever is needed. All the questions are literally because i have no clue what im doing. Ill get cracking on my statement.

[AndyOrch]

Post a copy here for checking when your ready.

[Gordy]

Thanks Andy.

[Gordy]

Hi

i have my statement ready (i hope)

it simply states that part of the claimed amount should not be payable as it is status barred and ive quoted the relevant text (hopefully correct).

 

 

Im unsure how much you are supposed to walk the court though your defense tho,

for example should i be stating the periods that fall outside the status bar and calculate what i think is owed?

 

Again many thanks for all help received...

 

In the County Court at Portsmouth Claim Number: XXXXXXXX

 

Southern Water Services Limited Claimant

Mr Gordon Ash Defendant

 

WITNESS STATEMENT

 

I, Gordon XXXX of XXXX am the Defendant in this claim. The facts in this statement come from my personal knowledge.

 

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.

 

It is the defendant's understanding 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”.

 

Unless the claimant can provide evidence of payment or acknowledgement from the defendant in the relevant period under Section 5 of the Limitation Act, I suggest that the claimant is no longer able to take any court action against the defendant to recover part of the alleged amount claimed.

 

I believe that the facts stated in this witness statement are true.

 

 

Gordon XXXX

 

 

5th September 2017

[dx100uk]

urh>>

that not what andy wrote in your defence

 

PART of the debt might be statute barred

not ALL of it

 

 

you need to address the rest of the amount

[Gordy]

I wrote part of the debt?

 

You mean i have to acknowledge acceptance of the part of the debt outside the status bar? ill add that.

 

Thanks.

[dx100uk]

you need to answer / expand on your defence concerning all the debt [in the particulars of claim]

not just the part that's statute barred.

[AndyOrch]

What date must you file and serve your WS by Gordy....and have you received the claimants yet ?

[Gordy]

22nd of this month.i received the bills i requested but nothing since then.

[AndyOrch]

Plenty of time then yet to perfect your statement and see if they serve theirs on you.

[Gordy]

Looking at the claim...

 

"The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year 29/11/2016 to 21/04/2017 on £50.36 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.35."

 

Am i right in thinking the interest rate at 8% and the separate £0.35p one are both against money that is well within the last 6 years and therefore does not have to be included in my status bar paragraph.

 

And in the next paragraph i write that i am liable for both of the interests claimed and the latest 6 years of the billed amount?

 

Thanks.

[dx100uk]

status bar...?

section 69 is only awarded by the judge at the end IF they win.

[Gordy]

i remove anything to do with interest

but i assume i put down that im accepting liability for the part of the claim that is within the last 6 years and thats the witness statement done?