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

[Gordy]

Id assume my defense at this point is purely that i would like to see all the bills as proof to assess the total is accurate and that i suspect part of the debt to be outside of the limitation act.

[dx100uk]

defence is not due for 10days yet [26th]

i'm sure andyorch will pop in nearer the time and advise.

 

 

dx

[AndyOrch]

On my radar

[Gordy]

Thanks

[Gordy]

Not had any response from the SAR request.

 

Do i have to ask for extra time until this comes in my defence?

 

ill be going with the defence of wanting to see and tally the bills myself as well as excluding any bills outside of the limitation act?

 

I assume i can do this online?

 

Thanks.

[dx100uk]

sar ...you made a CPR to the solicitors did you not..i hope?

 

you don't need extra time.

 

yes you can file online at mcol same as you did the AOS.

 

however andyorch is aware your defence is due Friday 4pm

and has already posted as such .

 

wait.

 

dx

[AndyOrch]

Seems a very low amount for 8 years services ?

 

Andy

[dx100uk]

urm..I wondered that earlier, just the grey water charge [drainage]

 

 

p'haps the OP can enlighten us if he's already paid them or another company for the fresh water supply itself

[AndyOrch]

urm..I wondered that earlier, just the grey water charge [drainage]

 

 

p'haps the OP can enlighten us if he's already paid them or another company for the fresh water supply itself

 

Better get his skates on if he wants a defence for tomorrow:wink:

[Gordy]

Yes i did get the CPR sent out recorded delivery on the 15th of this month.

 

As i understand it Southern Water take care of the waste water only and Portsmouth Water supply my water, they are billed separately.

[dx100uk]

ah good guess then.

 

 

that's answers why its so low

and ofcourse you do use the sewers and don't have a cesspit etc do you.?

town house I would assume..

 

 

dx

[Gordy]

I have no idea, if it helps i'm right on a main road in the middle of a very built up city in a flat built around 2005, so i'm guessing sewers.

[dx100uk]

oh you'd knwo if you had a cesspit!!

not relevant then ignore that bit.

 

 

dx

[AndyOrch]

See what we can put together in the morrow Gordy....

 

Regards

 

Andy

[AndyOrch]

Particulars of Claim

 

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 sewage's 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.

 

####Defence#####

 

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.

 

It is accepted that I currently reside in an area that is serviced by the Claimant is a statutory water and sewerage undertaker pursuant to the Water Industry Act 1991 (the Act).

Southern Water take care of the waste water only and Portsmouth Water supply water, I understand they are billed separately.

 

The Claimant claim of £1606.72 for unpaid sewerage charges payable under s.142-144 of the Act and the Claimants' Charges Scheme for the period 23/05/2008 to 29/11/2016 is denied.

The claimant has never billed or contacted or requested this amount and is put to strict proof to evidence this fact.

 

Furthermore the claimant is prevented from back billing for a period of more than 6 years pursuant to the Limitation Act 1980.

 

It is brought to the Courts attention that on receipt of this claim dated 24 APRIL 2017 I contacted Southern Water to advise that I had never been billed for the period requested and this was down to their own error.

 

I requested information with regards to making a payment arrangement or through the Watersure scheme but was advised that this is not now possible as the debt had been passed to UK Search.

 

Whether that be by way of an assignment or simply debt collection purposes Southern Water refused to confirm to which I find bizarre and inter alia contrary to their Code of Practice in dealing with Customers.

 

I was denied a reasonable repayment plan to allow the spread of repayments or offered any alternative before this claim was issued.

 

It is therefore for the above reasons that the claimant claim is denied.

 

 

Regards

 

Andy

[Gordy]

Thank you very much for your time in putting that together.

 

Just to massively confuse matters last minute ive just noticed some mail half hidden in my letterbox from this morning and will attach.

 

 

It looks like they changed their mind about a 3rd party owning my debt and have merged it back onto my account...

 

If i dont hear anything from anybody ill proceed with my defence before today's deadline.

 

Cant seem to attach a jpeg so heres a link https://drive.google.com/file/d/0BzMnzW_qYgQZdXA2blpJSWFlTnM/view?usp=sharing

 

 

Defence submitted @ 15:43 after a sketchy 10 minutes frantically trying to find login details

[AndyOrch]

It was never with the 3rd party..apart from collection purposes...does not effect the defence...you only received it today:wink:

[dx100uk]

thanks andy

 

 

dx

[Gordy]

I just sit back now and wait for the court decision and the bills in the post?

 

Thanks.

[dx100uk]

the claimant has 28 days to do 'something'

else the claim gets auto stayed.

 

 

dx

[Gordy]

Thanks.

[AndyOrch]

I just sit back now and wait for the court decision and the bills in the post?

 

Thanks.

 

You should be looking to arrange payment of the current charges (not included in the claim form) otherwise you will be getting another court claim.

[ploddertom]

I don't wish to be the bearer of bad news but if SW go for a CCJ they have history in transferring the Judgment up to the High Court for enforcement purposes.

[Gordy]

Update: Received a letter today from the claimant's solicitors stating they have received my letter and that they will be defending the claim.

[dx100uk]

well they would say that....

 

 

we'll see

 

 

dx