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jerrythompson

Southern Water/shumans joint claimforms - water debt

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Hi

https://www.consumeractiongroup.co.uk/forum/showthread.php?491828-Southern-Water-UKsearchLTD-Shulmans-court-claim-urgent-help-needed-(past-33-days)

 

We are in exactly the same situation having just received a Letter Before Action Letter from Shulmans/UK Search/ Southern Water for alleged bills between 2007 and 2015.

 

This letter is addressed to my partner and his ex who split in 2015.

They claim £3343 is owed but this is the first we know about it.

 

Having read through this thread,

I am a little confused as the info appears contradictory....

 

Are we sending the CAG pack to Southern Water, Shulmans or UK Search in the first instance please?

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My partner has just received a letter from Shulmans/UK Search on behalf of Southern Water for bills between 2007 and 2015.

 

It is addressed to my partner and his ex at my home, and they have sent a letter stating £3343 is owed.

 

I have read the info on filling in the forms but could someone please help as to whom I send it to?? Is it Southern Water, UK Search or Shulmans please?

 

Many thanks

JT

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Is it a letter of claim with a sep response pack?


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It's a Letter before court action with a pack and expenses form with it. This is the first we've heard though!

 

UK Search telephoned us the other day but we told them they had to contact us in writing.

 

Thank you for your time

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Good work!!

Put them in their place

Ruddy fleecers

Who are shulmans stated client..sth water?


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Who it says on the pack..the sols

Use our response pack in that thread not theirs


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

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Hi DX100UK

 

Further to the above thread, and despite my letter to them as follows dated 9th November 2018 (for which there as been no response!), we have today received claim forms for both my partner and his ex, (who obviously does not abide with us) from the County Court.

 

Could you please guide me as to where we go now?

 

" Further to your letter of 9th November 2018, I wish to firstly point out that Miss XXX is in no way related to the correspondence address and should be addressed separately. Furthermore I wish to state that is the first time you have advised me of this issue.

 

[CCA template removed - please read the top line] - dx

 

Can you help please?

Many thanks

Edited by dx100uk
template removal

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Water service charges are not covered by any of the acts you mention in the letter you sent and are raised pursuant to the Water Industy Act 1991.

 

No contract is required as the above Act deems the occupier(s) of a property liable for payment of water and /or sewerage charges (s.144 a & b)

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you EACH need to do this:

 

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

.

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 [1 in the count]

 

thread moved to general legals and retitled.

 

please also complete the following:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-2018**(1-Viewing)-nbsp

Edited by dx100uk
merge

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

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Name of the Claimant ?

Southern Water

Date of issue – 8th January 2019

 

Date to acknowledge - 25/01/19

 

date to submit defence = 08/02/19

 

 

Particulars of Claim

 

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

 

2.The Claimant claims the sum of £3343 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 £3343 is for water and/or sewerage services provided to the Defendant(s) at ADDRESS for the period of 02/10/2007 to 01/10/2015

 

4. The claimant claims interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from 01/10/2015 to 07/01/2019 on £874 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.73.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Letter before action dated 09/11/18. Sent CCA Request and received nothing

 

What is the total value of the claim? £4483

 

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 ? After 02/10/2007

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No

 

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 and the address is Shulmans

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Had nothing at all!

 

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? I didn't actually know they weren't being paid. I was working and presumed my ex was paying the bills so I had no idea until last November.

 

What was the date of your last payment? Unknown

 

Was there a dispute with the original creditor that remains unresolved? Not that I am aware of

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan No because I didn't know

 

Thank you DX, I think I'm following you but can I also just ask a couple of questions?

 

1. Is Kjun's advice correct at all?

Does is Water a separate thing?

I sent the template as advised I'm worried I've sent the wrong one!

 

2. Do I need to forward the co Defendant's paperwork directly to her even though we have already told Shulman's that she doesn't live here?!

 

3. Which CPR31:14 do I need please?

Loans/Credit or Current Account?

 

Thank you in anticipation

JT

Edited by dx100uk
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read this thread all the way through

 

is your ex listed as a joint claimant

or

a sep claimform?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?477432-Southern-Water-claimform***Claim-Struck-Out***

 

 

you also need to bear-in-mind some of the charges are outside of 6yrs = statute barred!!


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please note also the corrected dates for AOS and defence filing.

 

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

.

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 [1 in the count]


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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Thanks again DX

 

Yes they have prepared this as a joint claim. (Luckily my partner and his ex are amicable so we have communications with her). She has had no contact with Southern Water or it's allies either.

 

I will send the CPR and I will respond to the court as requested.

 

Should I mention anywhere about the fact that at least some of this is statute barred?

 

Also Kjun's input is confusing as I have tried to read the Water regs but it's all jargon for me.

 

Thank you for your time

JT

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Just follow post 3

Rest is for your defence


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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MCOL sent for both parties individually and CPR31:14 sent for both parties!

 

and breathe....

 

Thank you

JT

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online ofcourse??


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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:rockon::rockon:

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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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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Good afternoon!

We have now received a letter from Shulmans stating that

1. they do not need to provide any details as it has been filed online and that the Agreement comes under a different Act as the charges are not raised by contract.

2.They state that Southern Water have not sold the debt

3. No Default Notice has been issued

4. They are requesting an offer

 

We have not heard back from the Court yet.

 

How do we proceed please?

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the claim is WELL stayed..

 

if they want to do anything them they will have to pay to get the stay lift and gamble their theories are correct

 

I guess what you are saying is this letter is a begging one for want of another word saying please make us an offer, w are not confident enough to progress the case in court but hope you will be mug enough to fall for our discount offer?


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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any suggestions? Do we concern ourselves with the fact it is lodged with the court?

 

Any suggestions as to how we proceed please?

 

Thanks you

JT

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