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

[Gordy]

Hi,

ive had a CCJ claim form in the post recently-ish for a roughly £1500 dept to Southern Water.

 

On doing some research i came across the Water Direct scheme which would allow them to take the debt and future costs direct from my benefits which seems ideal for me.

 

I suffer pretty badly with anxiety so even tho a debt like this SHOULD be a priority its very easy for me to completely ignore things like this while off fixating on anxiety issues for months on end.

 

i just contacted Southern Water and they were pretty good and helpful

but it seems they could only help me sort out future payments through the scheme as UK Search have the debt.

 

Should that have appeared on the court forms as the forms only have Southern Waters details and there is no mention of UK Search.

 

Thought it would be best to post up on here first for some general tips before approaching UK Search as i've never dealt with a collection agency before.

 

Ideally id like to just pay through the Water Direct scheme again but not sure if that's something i can do with them (Southern Water said possibly).

 

Should i be haggling with them to write off as much debt as possible too?

 

If i ignore the CCJ are they likely to get Bailiffs involved?

 

Thanks for all and any advice given.

[dx100uk]

no you don't contact a no powers DCA they are not bailiffs.

 

can you fill the below out please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

[Gordy]

I know UK Search have no powers but im reading that if i default the CCJ then bailiffs can be ordered from the court?

I shall fill the form in before my next post, many thanks.

[dx100uk]

yes please

lets get you moving.

 

 

dx

[Gordy]

Name of the Claimant ? SOUTHERN WATER SERVICES LIMITED

SHULMANS LLP

 

Date of issue 24 APRIL 2017

 

Acknowledge Date 12 May 2017

 

Defence Date 26 May 2017

 

What is the claim for –

 

1.The Claimant is a statutory water and sewerage undertaker pursuant to the Water Industry Act 1991 (the Act).

2.The Claimant claims the sum of £1606.72 for unpaid water and/or sewerage charges payable under s.142-144 of the Act and the Claimants' Charges Scheme.

3.The unpaid sum of £1606.72 is for water and/or sewages services provided to the Defendant(s) at (my address) for the period 23/05/2008 to 29/11/2016

4.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 judgment or earlier payment at a daily rate of £0.35.

 

What is the value of the claim? £1842.08

 

Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? WATER

 

When did you enter into the original agreement before or after 2007? no contact at all since moving in around 2007

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim.

I spoke to Southern Water today and they told me UK Search have the debt.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Unfortunately i have ignored or not even acknowledged any correspondence until today.

 

Did you receive a Default Notice from the original creditor?

Unfortunately i have ignored or not even acknowledged any correspondence until today.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Unfortunately i have ignored or not even acknowledged any correspondence until today.

Why did you cease payments? have never paid since moving in.

 

What was the date of your last payment? have never paid since moving in.

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

until today no, i briefly spoke just to Southern Water today about the Water Direct scheme. was told to contact them when first bill comes to me soon as my account is currently not in arrears because dept has been given to UK Search.

[dx100uk]

well for a start they cant go back more than 6yrs?

 

you could do a tomlin order which avoids the CCJ.

 

have you acknowledged the claim on the MCOL website,

 

 

dx

[Gordy]

No, only thing i have done so far is contact southern water directly today, they took some details from me and no agreements were made.

[dx100uk]

pers i'd run this all the way

wont hurt or cost you anything more

 

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

 

.

get a CPR 31:14 request running to the solicitors

request copies of all bills relating to the date range in their particulars of claim

.

don't sign anything

.

dx

[Gordy]

Thanks ill get on that straight away.

[Gordy]

Do i send my CPR 31:14 to Shulmans LLP whose address is under that of Southern Water under as the claimant?

 

Also i assume i add the request for bills to this letter?

 

Thanks.

[AndyOrch]

Do i send my CPR 31:14 to Shulmans LLP whose address is under that of Southern Water under as the claimant?

 

Also i assume i add the request for bills to this letter?

 

Thanks.

 

Yes.

[Gordy]

Thank you.

[dx100uk]

yes remove all the other listed documents in the CPR

just put you wish a copy of every bill for the duration mentioned in their particulars of claim.

 

[you can copy that bit to the letter so they cant wriggle out an miss one out.]

 

 

dx

[Gordy]

I definitely don't need to ask for any other documents? Transfer of debt to third party or anything else that's a pain in the bum for them

[dx100uk]

no its not transferred or anything

[Gordy]

I believe its been assigned to UK Search.

[dx100uk]

no uksearch are a dca.

 

the claimant is SW ..its not been sold.

 

as with any dca on any debt you ignore them!

 

get that CPR running tomorrow

 

the bottom line is ofcourse you will owe 'something'

but

they cant bill you outside of 6yrs of the date on the claimform

 

and if they cant provide the bills for any or all of the remaining period,

that will strengthen your position toward negotiating settlement.

 

it is also worthy to note

the claim only covers to dec 2016

how is your current water bill being paid?

 

another thing to check is that you ARE on the main sewer and not a cesspit?

 

and that your gutters DO go into their system and not are simple soak ways? [grey water]

[Gordy]

I normally don't get too excited but when i read the court forms had a google and realised bailiffs could get involved i was suddenly motivated.

[dx100uk]

did you send the cpr today?

[Gordy]

All printed and read to go monday morning.

[dx100uk]

ok but you needed to be mindful you got the claim 24th april

ok you came here late

but that's another 5 days wasted

you were advised to get the CPR running on the 9th

its now the 14th

and it wont hit the mail system till monday

 

and your defence is due to be filed Friday 26th......

[Gordy]

Surely i wouldn't get the requested paperwork back for possibly weeks anyway?

[dx100uk]

possibly not

but that dsoesnt mean you leave requesting the info until the last minute

 

 

the judge could well take the stance that you owe the lot

and didn't really bother to do anything until a week before your defence is due to try and discover the true figure

and then filed a holding defence. [which is all you can file anyway].

 

 

I would hope the judge will allow an adjournment esp if we can include that part of their claim IS outside of 6yrs

[Gordy]

Understood.

Im very bad at this sort of thing as stated.

 

 

Will ensure the letter is posted recorded first thing in the morning and will take it from there.

All help as been very much appreciated.

 

I assumed the debt had been sold on because when speaking to Southern water they said they could not arrange payment with me because it had been handed over to UK Search and i effectively had a clean slate with them and have not even had my first bill generated yet.

[dx100uk]

well what puzzles me is why use UK search at all

it appears to me they SW used them as a tracing agent

why you haven't moved??

 

something not right here

unless ofcourse, its down to you binning everything they sent

and the last letters were to the occupier'

then they might of thought you'd done a runner I supposed.

 

anyway safe to totally ignore UKsearch .

 

don't forget you've gotta get a defence done by Friday

 

might be an idea to start NOW

and read a few threads

and post up a few ideas as we'll need to help you.

gotta admit i'm not really too sure how to handle this one

ifyou state in a defence that some o the debt is outside limitation act, how do you address the rest?

 

p'haps andyorch might pop in with pointers.

 

dx