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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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G17

SouthernWater/UKsearchLTD/Shulmans court claim form

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I received a court claim form on the 7/11/18 (issue date 5/11/18) for unpaid water charges amount totaling £5,095 for the period 1/4/2007 to 31/3/2019

 

I have lived at the property for longer but never actually paid anything for water rates, due to being unemployed and not being to afford it.

have been i receipt of yearly water bills and various uk search limited letters for amount owing.

recently shulmans got involved and sent a few letters before court action.

all of which i have ignored due to large debt amount.

 

I have rung up northampton county court to verify if the claim form was send by them.

they acknowledged the letter and told me the service date is 10/11/2018.

 

Any advice on how to proceed would be very much appreciated as i'm unsure of what i can do and how to go about it.

 

I rang southern water yesterday and enquired to my account and was told it had gone over to their litigation team.

I have not rung their litigation team as of yet as i dont want to say the wrong thing.

 

Thank you in advance for any help offered

Edited by dx100uk
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Just off to work now, will try and get a reply done around 6.30pm while on break

Thank you for response

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Thread moved to General Legal Issues Forum...please continue to post here to your thread.

 

Regards

 

Andy


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Name of the Claimant : southern water services

 

Date of issue : 05/11/2018

 

Particulars of Claim :

1.The claimant is a statutory water and sewage undertaker pursuant to the water industry Act 1991 (the act)

 

2.The claimant claims the sum of £5,094.64 for unpaid water and/or sewerage charges payable under s.142-144 of the Act and Claimant's Charges Scheme.

 

3.The unpaid sum of £5,095 is for water and/or sewerages services provided to the Defendant(s) at ###################

For the period 01/04/2007 to 31/03/2019

 

4.The Claimant claims interest under section 69 of the County Courts Claim Act 1984 at the rate of 8% a year from 01/04/2018 to 02/11/2018 on £240 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £1.12

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Received letter from shulmans llp - letter before court action

 

What is the total value of the claim? £5,094.69

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Water

 

When did you enter into the original agreement before or after April 2007 ? Been at the property longer than 1/4/2007

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Don't know

 

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. SW

 

Were you aware the account had been assigned – did you receive a Notice of Assignment Just standard letters from uksearch Ltd acting on behalf of southern water

 

Did you receive a Default Notice from the original creditor? Received a bill totally the amount owed only

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Received yearly totals of debt owed only

 

Why did you cease payments? Haven't made any payments

 

What was the date of your last payment? No payments

 

Was there a dispute with the original creditor that remains unresolved? No, however I remember asking southern water to send copies of all bills but this was before 2007 and never received them

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Not that I can remember

Edited by dx100uk
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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 start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

[adapt the current account version].. ask for copies each yearly bill from 2007 to present day and any other paperwork they intend to rely under the claim.i

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.


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

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Will get MCOL done in the morning and have

CPR 31:14 hopefully all ready to post on Monday.

Thank you for advice

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get both done tomorrow!!

that will be 7 days already wasted of your allowed 33days if you wait till monday


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On CPR 31:14 , do I remove bullet points 1 to 6 or 2 to 6 and add the request for all bills 2007 onwards and other relevant paperwork?

Sorry if it seems like a silly question, I just don't wanna send it off and it be wrong

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Yes..blue bit above good work!!


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

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I have responded on MCOL website and have sent CPR 31:14 off as recorded delivery.

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Thank you so much for your help and advice

 

 

In regards to the response pack sent with the claim, do i need to send it off aswell even tho i've acknowledged claim online?

what should be my best way in moving forward with my defence?

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No...start looking at others here for style form and layout


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Dont forget to inc the bills outside of 6yrs are statute barred too


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Will have a look and start getting my defence ready

Thank you again for advice

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Getting somewhere with my defence, but before I post up on here to ask if it's ok, I just need a little help wording the following.

 

When I received county court claim, I rang up southern water and explained that I hadn't received any bill and had now received court claim. The lady I spoke to said, they couldn't take any payments from me until the amount on the account had been zero'd as it's been passed onto there litigation team to deal with. I was given a phone number for this team but was hesitant to call it. I have since rang the number and it turns out to be uk search limited. No details were given over phone.

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Was wondering how to write that and include it in my defence?

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Why do you want to include that in a defence?.....you only respond to the particulars plead in an initial defence....Accept or Deny


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Ah ok, sorry am very much a noobie to all this. Thought I might have to expand on the accept or deny to the particulars

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Plenty of water utils claimform defences on cag

Use the search cag box oof the top red toolbar


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.

 

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Quick update.

 

Just got in and have received alot of paper work from shulmans.

 

Mainly southern water household charges scheme from years 2012 to present

Also yearly bills and a few default notices, from 2009 to present as they don't have paperwork for prior years.

 

My cpr request for "any other documents you intend to rely upon under the claim" was invalid under rule 31.14 as it wasn't stated in the particulars. "

The request is entirely disproportionate and unreasonable at this stage".

 

They provided all yearly bills.

But stated in the annex as 1 April 2009 to 31 March 2009 (surley a typo)

They have recalculated the balance on the claim and applied a credit of £2,304.07 for period upto 30 September 2012. In order to remove statute barred element.

 

In addition the most recent bill has me charged for a 2 bedroom when infact this a 1 bed flat.

Rang southern and they have amended that bill and last year's based on me being a single occupant.

Edited by dx100uk
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so what are SW going to do about the claimform/claim?

its obv now incorrect?


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

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That's what I was thinking...

Shulmans have stated that they've recalculated balance to 22 November 2018.

£3,119.98

Interest at £0.61 until judgement or sooner payment.

Shulmans invite me to make full payment or to forward a reasonable offer of repayment for our clients consideration.

 

This figure includes amended court issue fees(£105), legal representative costs on issue(£80),interest calculated 1/4/2018 - 22/11/2018 (£144.36)

Balance outstanding (£2,709.62)

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but that's not what the claimform states.

can you not simply ring sw, make an arrangement and get them to drop the whole claim as it was wrong figures, that way no legal fees and that will put shulmans back in their box


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 

 

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