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    • I came back home on Monday and found this Claim form in my letter box. In the light of what I have explained earlier in regards to this debt claim, can anyone tell if I have any chance fighting it in th Court. SW in the last conversation request the proof of me living somewhere else, which I can't provide. They have info from the landlord of property being rented to me, I was there on electoral register, had bank account opened on this address, Driving licence had this address etc., but I wasn't living there.      Name of the Claimant -  Southern Water services   Date of issue – 12/06/2019     Particulars of Claim   The Claimant is statutory...etc The Claimant claims the sum £969 for unpaid water and or sewerage charges payable under s. 142-144 of the act and the Claimant Charges Scheme. The unpaid sum of £969 is for period 01/04/2014 - 08/07/2015. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year  from 08/07/2015 to 11/06/2019 and also interest at the same rate up to the date of the judgment or earlier payment at daily rate of £0.21   What is the total value of the claim? £1423   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes Letter before Action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes, COA address.   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?    No, water charges   When did you enter into the original agreement before or after April 2007 ? Allegedly after - April 2012   Do you recall how you entered into the agreement...On line /In branch/By post ? No   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No, no anymore   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. Southern Water - original creditor   Were you aware the account had been assigned – did you receive a Notice of Assignment?   Did you receive a Default Notice from the original creditor? No.   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No   Why did you cease payments? Never. I wasn't aware of bills.   What was the date of your last payment? Never   Was there a dispute with the original creditor that remains unresolved? Yes, creditor did not take my notice of bills being wrongly issued in my name.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
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Mousey 66

Lowell/BW Claimform - IsMe CAT Debt - taken out by EX in my name ***Claim Discontinued***

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I started receiving letters from Lowell in 2016 for a debt my ex husband made in my name. It is for an Isme catalogue account which he originally took out on his computer in my name.

 

After we split up in 2012 he must of changed the address on the account and had goods delivered to where he lived. I knew nothing of the debt until I started receiving the letters in 2016.

 

I obviously had no idea he was still using the account and was worried about receiving the letters.

My son still saw his Dad once a week and mentioned the letters to him, his Dad said he had been ordering and receiving goods but was struggling and couldnt pay it anymore.

 

This debt was passed to BW legal last year, they started court proceedings at Northampton I opted for mediation but never heard anything back until a few weeks ago when the local court sent a date for hearing the case.

 

It again gave the option for mediation with an email address so I opted for this again, however yesterday I received a witness statement from BW which says has also been sent to the court.

 

The original debt is £592 but is now over £800 with interest and court costs added on.

So can anyone give me any advice on what I can do to stop this going any further please?

Im scared of ending up in court and being issued a CCJ for something which isnt my doing.

Any help is very much appreciated.

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Please will you post up the claim form and also the defence that you submitted.

 

What is the date for the hearing? Can you also please post up a copy of the witness statement that you say you have received.

 

I think that you may need to visit a solicitor and swear an affidavit as to what has happened and supply that to the court. The court is obliged to act in the interests of justice and if you can persuade the court that what you are saying is true then it would seem to be not in the interests of justice that the judgement be given against you for a debt that has been obtained fraudulently.

 

However, you may also find yourself in a position where you have to take some unpalatable action and by this I mean that you would probably have to report the matter to the police and get a crime reference number. You may have to do that as a sign of good faith and in support of the affidavits that you will have to swear out. Please post the documents in PDF format as requested.

 

Also, can you please make sure that you engage with this thread closely while advice is being given. We seem to be getting a lot of people at the moment who come here and also help but then don't monitor for replies and don't return for one or two days or more.


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Moved to FLI - Welcome to CAG Mousey66

Please provide all the info here and also as BF says the Witness Statement is Key...

 

Please do report this to Actionfraud and get a CRN... However be aware that BW Legal are Cruel Vultures who will twist and turn everything you say - They will also tell you a CRN is not valid when it is :(

 

Please go here - https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

Copy the first post and paste it back with answers

 

IF you live in Scotland - Then you need to tell us. However from what you say - It sounds like you are in England.

 

Thread title amended.

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Hi Bankfodder, thank you for your reply.

 

I can post all the info later today Im in work at the minute.

I would prefer not to go to the police and open another can of worms tbh, I had enough problems with my ex and it took some doing to get rid of him.

 

The hearing is on 11th of July.

So it looks as though this case will be heard and I’ll have to pay the debt plus costs I assume?

 

Hi fko filee, as I replied to BF I would rather not go down that road and start anything else regarding my ex. I just want an end to all this I just want to avoid going to court if at all possible.

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Report this to action fraud!

 

Otherwise you will get lumbered with a debt that isn't yours.

 

Then roll over and pay up, if you don't want to open a can of worms.

 

Go to court, agree an amount to pay with the judge, have a CCJ on your credit files for six years, and hope you don't need any credit in that time.

 

You may find even getting a different utility provider difficult, and mobile phone contracts, so not only will you be paying for a debt that isn't yours, you'll also be stung with difficulty in obtaining any credit, utilities, and preferential interest rates............ alternatively report this to action fraud, and stop paying others debts.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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yes you must repport it to actionfraud, they are not the police but it gives you a useful crime ref number

 

can you get that link done later please

we don't need to see the claimform

 

but we need you defence filed as well please

you should be able yo get that off the MCOL website

 

dx


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If you refer back to the letter which states the date of the hearing...you will see the courts directions on how the claim will proceed....what date must you submit your witness statement and standard disclosure by ?

 

Hence the receipt of the claimants witness statement.

 

 

Regards

 

Andy


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I'm afraid that you certainly will end up with a judgement against you and the associated costs. Furthermore if you are not able to pay off the judgement sum within 30 days then an entry will go against your credit file which will cause a lot of problems to the future.

 

Also, you have no idea if your ex is in possession of sufficient of your details to start notching up further debts in your name.

 

You know the story of your ex better than we do – but this is often the kind of thing that needs to be nipped in the bud.


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He controlled all the finances when we were together but I’ve changed everything with my bank since. I check my credit files regularly and there isn’t anything on them I don’t know about. Also this debt doesn’t show on my credit file. Would BW accept a monthly payment from me if I offered it do you think?

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I'm afraid that as they have now issue the claim, they are unlikely to agree to any instalment plan without having a judgement in place.

 

I imagine that they would accept instalments at a rate acceptable to them, but it still means that there will be a judgement and eventually it would go on your credit file.

 

I think that it would certainly produce some goodwill if you contacted them ahead of any judgement and discussed your possible instalments with them, explained to them why there was a debt in your name, but also explained to them that you won't get a make any trouble about it and that you were simply going to admit the debt that you would need the time to pay. If they were really decent then they might agree simply to accept your instalments on the basis of a Tomlin order and that would avoid the need for a judgement – although if there was any failure of any instalment, they could go immediately to apply for judgement.

 

Have you given us any details about the debt? What year was it incurred?


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The witness statement has the original credit agreement and a statement in I had asked for these last year but never received them, even though they say they sent them There are also two letters in my name from Isme/Lowell saying I owe the amount which were sent to were my ex was living so this is the first time Ive seen these also, they are dated 20th December 2014. Do you think this could be in my favour without going down the fraud route?

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default notice included?


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Its fraud but if you dont defend it then you ultimately will be lumbered with it.

 

What's the problem with reporting it to the police? Open the can of worms. Its not your debt.

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I think that unless you report your ex for fraudulent use of your identity then there is very little you could do. You could simply limit it to being a civil matter by defending the claim and then joining your ex as a co-defendant. This is known as a part 20 defendant. You can look it up on the Internet.

That would force your ex into court to answer the allegations which you made against him – but at the end of the day the debt would be yours and if he didn't turn up then they might be a default judgement against him but the very best you could hope for would be that it would be a joint debt and you would still be liable for it if he didn't cough up his share.

Frankly you need to make an allegation of fraud. Get a police reference number. And then use that as the basis of the defence in the court action. If you did this and also provide an affidavit then I think a judge would have very little choice other than to dismiss the case against you. That would leave Lowell in a position where they would have to decide whether or not to get into the complicated issue of suing somebody for fraudulent misrepresentation.

Edited by slick132
typo corrected

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I would rather not do that I have many personal reasons which Id rather not mention on here. So it looks as though I’ll have to cough up the amount owed plus court costs then. I assume its not worth putting the pictures of the paperwork Ive received then?

 

On the back of the first page of the witness statement is the form to pay the debt, and or contact them about it. Do you think they put this in to settle out of court? Or is just standard for this to be on the reverse?

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I'm afraid that they just want their money and I don't think they're too bothered about your personal problems with your ex.

The best thing you can do is to call them and try to explain and see if you can get a decent instalment arrangement – and maybe get them to agree to the Tomlin order. Other than that, I'm afraid that you will simply have to work out what instalments you can afford. If Lowell don't agree with them then propose those instalments to the court in the best way possible and hopefully the court will agree with them even if Lowell doesn't. Don't forget that you want to get interest frozen as well so if you get a Tomlin order, then this needs to be agreed.


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If they do agree to insalments would thiat mean it wont go to court?

Also on the court letter it says the judge considers the case suitable for mediation. It also says claimant has until 11th June to pay £80 trial costs, do you think they have already or are likely to pay this?

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Lowell will not care what you say - they will happily issue proceedings against anybody - even the dead - if they think there is a quid in it for them. Short of paying up they will press for a CCJ without a moment's concern for your circumstances.

 

Unless you defend, and to do that you will need to take steps not only to say that this isn't your debt, but to start getting some evidence together which says that you are taking some sort of action for identity theft


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They can either agree instalments by means of a Tomlin order – and this means that this would be an agreement that you both sign and then it is signed off by the judge. It would contain conditions and provisos – the main proviso being that if the instalments fail for any reason then the claimants could proceed immediately and apply for a judgement. A Tomlin order is almost as good as a judgement – but it isn't actually a judgement and it won't go on your credit file.

On the other hand if they don't agree the instalments that you propose then they could simply go on to apply the judgement. If you dispute the instalments then it would still have to go to a hearing for the judge to decide the instalments and so there would be hearing fee and you would be liable for that.

The Tomlin order would cost something as well – but it is very likely that they would simply absorb that – but you would have to discuss it with them. If you get on the telephone to them and present your case well and show them that you're doing the best you can to cooperate with them and to sort it out although this is not a mess of your making that you are trying to show goodwill then they might be moved to help you out and to settle this in the easiest way possible.

It will depend a lot on your attitude and going on a charm offensive. It will also depend on you managing to make telephone contact with somebody who is prepared to be reasonable and listen to you and appreciate your situation.

If they are prepared to go to mediation then exceptionally this might be a good way to talk to them about the level of instalments. I wouldn't normally recommend mediation in the circumstances – but your situation might be exceptional.

If you force them to trial then certainly they will pay the £80 trial costs. The not bothered about this stuff. It's small beer and anyway if you lose the case – as you surely will – then you will pay


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I won’t be doing that as I explained above. I just wanted to see if there is anyway to settle this without going to court.

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Shall I hang fire and wait to see if I am contacted to arrange mediation, or am I best to contact BW and do as you suggest asap? I would prefer to contact them by email or through their website which I think is possible, or do you not think that would be acceptable?

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Talk to them. Dialogue is extremely important here. Talk to them and be honest and straight dealing.


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Ok BF I will call them when I can. Thank you so much for your guidance and advice, I can’t begin to tell you how grateful I am. Let’s hope they’re sympathetic to me!

I’ll let you know how I get on.

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I hope you won't mind but I taken the initiative of dropping them an email. I don't have any special contacts with this company – but I asked them to have a look at this thread and to see whether they might be able to speak to you in a helpful way.

 

I've asked them to contact me with their response.

 

If they do contact me then I will probably put a message up here for you to email me on our admin email address with your contact details and the case reference number.

 

If you would rather not do this – then just let me know.


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style="text-align:center;"> Please note that this topic has not had any new posts for the last 426 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.

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