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Bekki0405

Southern Water/shumans claim form - debts from 2007 ***Claim Struck Out***

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the claim is not struck out it is stayed.but 99% prob going now where now.

 

you are in the driving seat.

pers id put in another application for what surfer01 suggests

don't be pushed in to doing anything like I&E's etc

 


please don't hit Quote...just type we know what we said earlier..

 

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Ok, I’ll sit and wait until after 8/4. Let’s see where it goes 🤞🏼

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On 31/03/2019 at 12:12, dx100uk said:

the claim is not struck out it is stayed.but 99% prob going now where now.

 

you are in the driving seat.

pers id put in another application for what surfer01 suggests

don't be pushed in to doing anything like I&E's etc

 

 

The claim is not stayed DX...DQs have been submitted and Notice of Allocation to small claims received.


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no sorry ofcourse its not.

so await to see if they aid scheme comes thru before mediation does...??

would give 2 methods to offer settlement then...


please don't hit Quote...just type we know what we said earlier..

 

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Are we not past mediation ...the court has issued directions......8th April ?


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We’ve asked for mediation, however that’s taking longer than the court process.

I was told this might be so.

 

a judge has allocated to small claims track.

 

Am I still waiting for directions after 8/4?

I take it claimant (SW) is due to reply to court 

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What is the full text of the Notice of Allocation.....are there any directions that you must comply with and by date ?


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post 76 id already said that...hehe good here at present..


please don't hit Quote...just type we know what we said earlier..

 

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1. Allocate this claim to  small claims track

 

2. The Claimant do send a reply to the defence to the court and the Defendants by 4pm on 8th April 2019

 

3. This order having been made by the Court pursuant to CPR Rule 3.3 of the  Civil Procedure Rules 1998, any party affected by this order has the right to apply to set it aside, vary or stay it by application made not more than 7 days after this order was served on the party making the application.

 

When I’m at home tonight I can upload a photo of actual form if that helps.

The points 1/2/3 are word for word from the form though 

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If you could but you think there are no directions for you to comply with....some Caggers dont read it fully and miss directions that they must comply with..then its too late... now you wait until the 8th April ..give or take a few days and if they fail to comply with the court directions you could request sanctions be imposed..IE... Strike out their claim.


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I posted the text of the N158 Notice of Allocation to the Small Claims Track above 

 

Just to clarify, I am still waiting for mediation.

And have not heard from the Claimant either

 

Is there anyone on here who can confirm for definite that there is nothing I need to do, and that it is Southern Water who have to reply to the court.

 

That’s how I’ve read the form, and I haven’t sent any communication back.

 

I am confused as to the nature of this form, what purpose does it serve?

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No there is nothing for you to do at the moment apart from wait until the 8th April and see if they do comply with the courts orders and send you a response....inform the court if not.

 

Andy


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Bring on Monday then 

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Ok bear with me as I currently in hospital after surgery this morning.

It’s ok, the morphine is making me feel hilarious.

 

However, serious post, according to the MCOL, nothing has happened with my claim, and I’ve heard nothing from the claimant.

They had until 4pm this afternoon.

If they had done anything, would it be on the website?

Or is there a possibility they’ve replied to the court but not online? 

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It wont show on line with the claims status...this is a seperate directions order...you will have to check with the court.


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give it another day and say ring the court tomorrow?

its always good to view things in a hilarious manner anyway where fleecers and speculative claims are concerned...


please don't hit Quote...just type we know what we said earlier..

 

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Probably best I’m off the morphine when I call the court then😉

 

I’ll call when I’m home. I’m hoping they’ve missed the deadline, if so, I’ll hit you up for further directions. Thanks

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Still no correspondence.

 

I have spoken to the court, who, as it stands have nothing from Southern Water, but have a back log, and technically it could be in the system waiting to be processed.

The direction either way, is to send it to the judge for further review and decision. 

 

MCOL is showing no further updates.

 

Am I right in thinking that I would have heard from Southern Water independently from the court process. 

 

The last correspondence stated the claimant was to reply to the court and defendant.

So I’m taking it as I haven’t heard, nor would the court.

 

Anyone know what the next step would be, if Southern Water haven’t replied in time?

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Yes post #88


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I’ll call the court on Tuesday and inform them I’ve had nothing sent and hopefully they’ll have something definite 

I’ll call SW water scheme dept and ask if they can help me independently of the court case

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Ask the court to impose sanctions if they have failed to comply .....IE Strike out the claim.


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Oh is that actually an option Andyorch? It did cross my mind that could be an option. I wasn’t aware I could make the request 

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Its an option but normally the court expects you to make an application to request it which would incur a fee.....but if your Order states that the court will strike it out if they fail you can simply request it and the court actions it of its own volition. 


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Cool, I’ll speak to the court on Tuesday and see if I can progress it like that

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Give that girl a pat on the back 👏🏼👏🏼👏🏼

 

STRUCK OUT PEOPLE

 

special mention to this group for their help.

 

My obvious question is, can they restart this, or what happens to the debt?

For now though, this claim is closed

 

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