Southern Water/shumans joint claimforms - water debt

[AndyOrch]

Afraid so.....only the name on the claim form is a defendant that can be sued.

[Bekki0405]

Just going to jump in here, as I’m the other poster re:Shulmans and Southern Water. 

My case is literally just ahead of yours, I’ve defended and sent DQ back. My claim has always had both of mine and my husbands name, and I now have a form (see other post) which continues that way. I was told it has to be accurate, with both defendants names etc, as you can’t claim from a mystery person. Both parties should receive copies as well, which you don’t seem to have. 

Basicslly the whole Southern Water claim thing is an absolute bodge. Claiming for dates SB, dates when people aren’t resident, and errors throughout the forms. 

Horrific way to act, although I’ve akways accepted I’ll be paying something, it seems like they’re just banging out claims left right and centre without due diligence to the detail 

[AndyOrch]

Fully agree Bekki...the fact is that Shulmans have not been provided the name of the 2nd Defendant in this instance...putting a second defendant on a court claim form as and 1 other......really ?  

 

Would love to see how they could enforce a judgment against " and 1 other "

[Bekki0405]

I suppose it is gender non specific, which is politically correct, covers all manner of homosapiens

[AndyOrch]

But not a legal entity with regards to litigation.

[lamboboy]

Thanks everyone.

So... should we leave this and use it in a defence or should we do something now?

This is not Shulmans error but Southern Water.  Shulmans have been relieved at this point, hence the new claim.

Can I ask what your defence has been please Bekki? We sound like we're in the same boat!

 

[AndyOrch]

They have issued a further claim ?

 

It is Shulmans error they submit the details of the claim

[lamboboy]

I'm too confused now!

 

Shulmans issued this claim in the first instance and after we filed our defence, Shulmans notified of a change to the claim to indicate Southern Water were stepping back in.

We then got a letter from Southern Water reducing the liability to remove what was SB to which CAG advice was to ignore it as the claim appeared to be stayed.

Now we have this DQ under the original claim number which is now pursuing just my partner an '1 other'.

 To summarise: was Shulmans; 2 defendants; now Southern Water, 1 named defendant!; and us completely lost!

 

[AndyOrch]

Same claim...just that the sols are removed and SW are dealing with their own legal representation.

[lamboboy]

But how can they drop a defendant in the process?! 

As Bekki said.... the details need to be correct surely!?

It's frustrating it got this far in the first place without now assuming all responsibility.

I will just have to bring it up if and when it goes to mediation and/or court.

 

[AndyOrch]

They have not dropped a defendant there was only ever one defendant named.....and 1 other is not a person a legal entity.What made you assume this and 1 other was your partners  ex who split in 2015. ?

 

Are they actually named by oerson on any of the court paperwork...in particular the N1 claim form ?

[lamboboy]

Hi Yes! She initially had identical  paperwork in her own name! 

Our history shows the claim, acknowledgement, defence and now dq.

Hers shows the same but no dq

 

[AndyOrch]

So there are 2 claim forms...one for your partner and one for your partners ex ?

[lamboboy]

Yes.   Originally they both got individual paperwork but with the same claim number.

Cag advised to  acknowledge both and defend both which we did.

Now SW have picked up the baton; they are now apparently only pursuing my partner!

[AndyOrch]

Well the debt is considered joint and several as both occupiers used the water.....in joint and several they can go after both but only get judgment once.

 

a) Number of Defendants
There can be up to two defendants for claims issued via MCOL – for claims against more than
two defendants you should contact the County Court Money Claim Centre. If you want to issue
a claim with two defendants you will need to click the ‘Add a 2nd defendant’ button. Please note
that each individual should be listed as a separate defendant. For example, if you were issuing
a claim against a husband and wife, they need to be listed separately as the first and second
defendant and not on one line as “Mr and Mrs”.

[lamboboy]

There's an ADD button?!  

Ok, we'll do that and return our dq and wait for mediation.

Thank you

[AndyOrch]

The above is the process when issuing the same claim to two defendants...you cant do it.....just send your DQ back on time with your partners name.

As for the EX its not your problem.

[lamboboy]

It's our problem if we have to shoulder the entire debt isn't it?

[AndyOrch]

Well Im struggling to get the detail from you.....

 

2 claim forms issued same claim number

1 to Partner 1 to Partners Ex

Partner has received her DQ

Partners Ex has not.

 

So tell Partners ex to ring the court and ask where is her DQ ? Does she have to submit one ? Why is it not listed in her MCOL Status ?

 

Then you will have your answers.

[lamboboy]

Gotcha!

Just for the record; It's all amicable between everyone so I'll let her know.

Thank you