Southern Water/UKsearchLTD/Shulmans court claim urgent help needed (past 33 days)

[Dispute777]

Name of the Claimant ? Southern Water Services

 

Date of issue – 10/11/2018 33 days was up on 8/12/2018 (3 days ago) only found court letters yesterday.

Particulars of Claim

 

The Claimant is a statutory water and sewerage undertaker pursuant to the water Industy Act 1991 (the Act).

The Claimant claims the sum of £1700 for unpaid water and/or sewerage charges payable under s.142-144 of the Act and the Claimants Charges Scheme.

The unpaid sum of £1600 is for water and/or sewerages services provided to the Defendant(s) at ************ for the period of July 2011 to July 2018.

The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from July 2018 to November 2018.

Claimed amount £1700

Court fee £105

Legal representative costs £80

 

 

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Received 2 letters from shulmans llp - letter before court action, and multiple from UK SEARCH LTD prior to that

 

What is the total value of the claim? £1800

 

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 since 2008

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Think so

 

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. Claiment on court form is Southern water but they insist it's been passed to UK Search/Shulmans

Were you aware the account had been assigned – did you receive a Notice of Assignment? Letters from uksearch Ltd acting on behalf of southern water.

Did you receive a Default Notice from the original creditor? Probably

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

 

Why did you cease payments? Haven't made any payments. On benefits can't afford total sum.

 

What was the date of your last payment? Years ago.

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes. Made an online application for Southern Waters NewStart Scheme (was ignored). Tried to negiate a payment plan with Southern Water's legal department but they say their is nothing they can do as the debt as been passed on to UK Search Limited.

[Dispute777]

Action I have taken so far:

 

Made an acknowledgement of service on MCOL website after the allotted time expired (it still let me) with intent to defend claim as I found the court papers late (was received today on 11/12/2018)

 

MCOL website is showing that they have not filed for judgement yet even though my time to make an acknowledgement of service ended ages ago?

 

What leg to stand on do I have for making a defence?

 

Would admiting part of the claimed amount on MCOL website be better? I understand MCOL only grants an automatic judgement for full admission?

I don't care about CCJ but I'm on benefits and can't pay it back all at once.

 

Southern water legal team are refusing to negotiate a payment plan since they are saying the debt was passed to UK Search.

Edited December 11, 2018 by Dispute777

[AndyOrch]

If your not concerned about a CCJ then why not just submit an admittance with I&E and proposed monthly amount.....defending will only add further costs to the judgment.....(allocation hearing and court attendance.)

 

You dont have a valid defence....

 

Each water company should have a code of practice for dealing with customers who have fallen behind with payments. Ask your company to provide you with this. You should find company contact details on your bill. Use this code of practice if you need to negotiate with the company.

 

Some water companies operate charitable schemes which can provide help with paying off backdated charges so it's worth asking them about this. If you're on benefits, you could also check whether you're eligible for the Watersure scheme, or if you are a customer of Welsh Water, The Welsh Water HelpU scheme.

 

If you need advice or support in asking the company to negotiate the backdated payments, the Consumer Council for Water may be able to help.

 

Regards

 

Andy

[Dispute777]

If your not concerned about a CCJ then why not just submit an admittance with I&E and proposed monthly amount.....defending will only add further costs to the judgment.....(allocation hearing and court attendance.)

 

Because if I do that they can get an CCJ awarded automatically on MCOL website it can enable them to escalate it to the Queens Bench and have a High Court Writ granted to enforce the debt.

 

 

You dont have a valid defence....

 

I thought this website helped people make them up. This is a civil mater not an "innocent or guilty" one. I need to know what to put for my defence particulars on MCOL website?

 

Even Northampton County Court Business Centre said it was worth a shot to make one since they haven't filed for judgement yet.

 

 

Each water company should have a code of practice for dealing with customers who have fallen behind with payments. Ask your company to provide you with this. You should find company contact details on your bill. Use this code of practice if you need to negotiate with the company.

 

Some water companies operate charitable schemes which can provide help with paying off backdated charges so it's worth asking them about this. If you're on benefits, you could also check whether you're eligible for the Watersure scheme, or if you are a customer of Welsh Water, The Welsh Water HelpU scheme.

 

Did you not read my post? I tried to apply for the charitble scheme and they ignored my application and Southern water doesn't want to deal with me at this stage.

Edited December 11, 2018 by Dispute777

[AndyOrch]

Because if I do that they can get an CCJ awarded automatically on MCOL website it can enable them to escalate it to the Queens Bench and have a High Court Writ granted to enforce the debt.

 

They only execute further if you ignore the judgment and dont attempt to make an offer...thats the whole purpose of submitting the N9A

 

 

 

I thought this website helped people make them up. This is a civil mater not an "innocent or guilty" one. I need to know what to put for my defence particulars on MCOL website?

 

Afraid not we dont make up defences your on the wrong forum

 

Even Northampton County Court Business Centre said it was worth a shot to make one since they haven't filed for judgement yet.

 

Did they not advise the contents of your defence ?...Im sure on benefits cant afford to pay and never had paid isnt one ?

 

 

 

Did you not read my post? I tried to apply for the charitble scheme and they ignored my application and Southern water doesn't want to deal with me at this stage.

 

Im not surprised if you used the same tone as you have in in your response here

[dx100uk]

although not a defence at all...made up or otherwise..

 

it might be worthy to note that as from the date of the claimform

they can only go back 6yrs

so the bills for the periods outside of 10/11/2012 are statute barred.

 

perhaps use the part admittance form?

 

dx

[Dispute777]

Yes I actually used that as my main defence on the n9b. Quoted Limitations Act 1980.

 

I chose not to enter a partial defence since MCOL requires of an exact figure of how much you owe and since I don't have the relevant documents I didn't want to make one up.

 

Will be sending a CPR 31:14 to Shulmans tomorrow.

 

I know my defence is very weak but hopefully this will at least prevent a default judgement and perhaps get Shulmans to consider mediation.

Edited December 11, 2018 by dx100uk
quote

[AndyOrch]

It will prevent a default judgment...simply because you have submitted a defence......but wont stop you losing with higher costs a CCJ anyway

[dx100uk]

yep

wrong form used.