Southern Water/shumans/Shakespeare Martineau claim form - debts from 2007 - 1st claim struck out - now 2nd claim.

[dx100uk]

no its not closed !!...its been struck out...dead.

 

they can wave their arms all they like about the debt ...nothing they can now do AFAIK.

 

 

[Bekki0405]

Can they start a new claim?

Does anyone know if this debt, some £3500, will be written off.

 

I can’t quite believe that will be it from Southern Water.

 

I’m currently paying them for the current bill,

but am I right in thinking that the County Court claim is not only dead, but the debt is now unenforceable

[dx100uk]

its dead forget it.as my last post 

 

Shulmans issued all these claims when I suspect SW litigations team knew nothing about them at all.

that's why they got dumped.

 

dx

 

 

 

 

 

[Bekki0405]

Still can’t quite believe it I mean, I haven’t technically won, but it certainly feels like a victory. Many Thanks 

[AndyOrch]

You have won on a technicality so to speak.....but it can be reversed if the claimant makes application for relief from sanctions......but unlikely.

 

Well done thread title amended.

 

Andy

[Bekki0405]

And the debt Andy, what would be the best course of action for the actual debt that SW say I owe?.

Do I call them and make an offer to pay.

They’re not going to write it off,

Do I need to make contact

[dx100uk]

no.

any sum/bill that was included in this litigation you can effectively now forget about.

they cant demand it, they've tried court, they failed.

[AndyOrch]

Yes if you genuinely owe.....but nothing in connection to claim ...costs/ fees ..only true water debt. 

[Bekki0405]

I received a County Court claim form for an outstanding debt from Southern Water, with Shakespeare Martineau named as the solicitor firm.

I filed an acknowledgment within the allotted time, and have been drawing up my defence, and would like some help before I file it with the court, I have been reading up on things I can find related to this situation,  it much of it is old and out of date possibly. 

 

My issue with this county court claim form received 14 days ago, is that I have received no other correspondence from either company, and from what I have read, Shakespeare Martineau are known to use texts with links to online letters.

 

I haven’t received anything from this solicitors firm, until today, when I have now received a letter in the post from them. The letter is dated the 22/4/21, and states that I can contact them to arrange payment. 

 

Two things here,

firstly,

does anyone have suggestions about whether to contact the solicitors to arrange payment, or to contact SW.  I’m confused now how they can write to me, for the first time, asking me to make an arrangement to pay, two weeks after I received a claim form? I would really like to arrange to pay SW and have the debt returned to them.

 

I was involved in a life changing traumatic accident last year, and this has affected my mental health and focus on debts. I have spoken to Stepchange and they have advised there is a form I can fill in and send to companies to receive compassionate support during this time. Has anyone used this before, and does it work?

 

secondly,

I need to file the defence which I’ve written, as otherwise they will judge against me automatically. Is there anyone who could cast an eye and tell me if it’s suitable please. 

 

 

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.
  
The Claimant has not complied with paragraph 3 of the PAPDC (pre action protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.
 
It is accepted that I currently reside in an area that is serviced by the Claimant as a statutory water and sewerage undertaker pursuant to the Water Industry Act 1991 (the Act).
 
The Claimants claim of £4882.20 for unpaid sewerage charges payable under s.142-144 of the Act and the Claimants' Charges Scheme for the period 14/01/14 to 23/07/20 is denied. The claimant has never billed or contacted or requested this amount and is put to strict proof to evidence this fact.
 
Furthermore the claimant is prevented from back billing for a period of more than 6 years pursuant to the limitation act 1980.
 
I requested information with regards to making a payment arrangement or through the Watersure scheme but have had no reply to my communication.
 
I was not offered a payment card, or any offer of help, despite my contact to state I have a disabled child. It is therefore for the above reasons that the claimant claim is denied

 

As an aside, the debt is in both my husband and my names. I’ve discovered my husband had been hiding debt, and not paying certain bills. We have separated and are going through a divorce, and he lives elsewhere. I’ve told him there will be a debt which needs paying, in some form, and he said he will make a payment monthly if an agreement is made with SW.

 

 Is there anyway I can get this debt split between us, I’m not sure there’s is, but thought I’d ask. 

 

Thank you 

 

 

[BankFodder]

Please can you post up a copy of the original claim which you have received in PDF format.

It's very important that we see the whole thing – the original.

Also please can you post up any other documents in PDF format. Single file multipage PDF.

[BankFodder]

Also, send the water company and SAR. Do immediately. It will take 30 days but still it will be important to get as much information as possible from them.

Additionally, if you have evidence from the Internet that this firm of solicitors commonly tries to do everything by text messages et cetera. Please start accumulating that evidence and let us know what you find.

[dx100uk]

please complete this.

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group

 

you can SAR but thats immaterial in a way , the claimant must disclose all docs during their claim else it will fall flat.

 

need to the answers above to see if that defence is OK. and ofcourse you did send SM a CPR 31:14?

 

 

[Bekki0405]

completed assistance application form SW

 

 

 

 

assistance application to SW 16-11-2019.pdf

[BankFodder]

And please will you post any documents in PDF format please. As requested.

Not images, not JPEGs, not screenshots – PDF documents

[Bekki0405]

I’m just filling the questionnaire in now

[dx100uk]

Some reading for you

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=Southern Water claimform&oq=Southern Water claimform&gs_l=partner-generic.12...234264.260224.0.263381.24.24.0.0.0.0.1527.6446.0j1j0j2j1j1j0j1j2.8.0.csems%2Cnrl%3D13...0.25953j80036523j24...1j4.34.partner-generic..24.0.0.VNY9Vi4nmPQ

 

looks like a good % of the debt is statute barred..nothing new there then!!

 

just makes sure in your cpr 31:14 you ask for copies of all bills that form a part of the claimed sum .

 

register on mcol and make sure you have done aos.

 

Do not file that defence you put up!

 

after reading ALL the threads in the above link adapt one of the part statute barred defences and pop it up here for checking.

 

 

[Bekki0405]

Name of the Claimant ? Southern Water Services 

 

Date of issue –  30 Mar 2021

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the 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 £4380.99 for unpaid water and/or sewage charges payable under s.142-144 of the Act and the Claimants’ Charges Scheme.

 

3.The unpaid sum of £4830.99 is for water and/or sewerage services provided to the Defendant(s) at XXXX for the period 14.01.14 to 23.07.20 Interest at a rate of 8.00% to 26/03/2021 amounts to £236.21 and is increasing at a daily rate of £0.96. 

 

AND THE CLAIMANTS CLAIMS

(1) The principle sum of £4380.99.

(2) Interest under s.69 of the County Courts Act 1984 of £236.21 and

(3) Continuing internet on (1) above from 26/03/2021 to the date of judgement or earlier payment at a daily rate of £0.96

 

What is the total value of the claim? £4882.20
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?NO
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?NO (not sure about ex husband)
 

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? water and/or sewerage services

 

When did you enter into the original agreement before or after April 2007 ?YES (2006)
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online 
 

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. SW
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO
 

Did you receive a Default Notice from the original creditor? NO
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO
 

Why did you cease payments? I believed my ex husband to be paying this bill, but he had hid that this and other bills were not being paid 
 

What was the date of your last payment? Unsure 
 

Was there a dispute with the original creditor that remains unresolved? YES
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan YES but no communication from them except to say I wasn’t entitled to help via an online form. I emailed subsequently to ask for support to pay and had no reply at the time. This was Nov 2019 after which I became unwell 

[dx100uk]

pers i'd run this all the way

wont hurt or cost you anything more

 

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 AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

 

.

get a CPR 31:14 request running to the solicitors

request copies of all bills relating to the date range in their particulars of claim

.

don't sign anything

.

dx

[dx100uk]

hang on they cant raise two claim for the same debt!

 

Southern Water/shumans claim form - debts from 2007 ***Claim Struck Out*** - General Legal Issues - Consumer Action Group

[Bekki0405]

At the time of the last one, and it being struck out, my ex said he’d set up a payment for future bills with SW (now found to be not true) and I had assumed that the old debt wasn’t able to be claimed from the date of being struck out.

 

When I separated from him, I contacted SW for help with ongoing bills, and asked for help to pay the water account, which was denied and no further contact was received.

 

when I received this letter today, I guessed my assumption of the old debt was wrong and that it still remains. Because they’re looking for the entire amount, so does the case being struck out, wipe the old debt. Or is it still due?

 

I’ve already completed the AOS.

Is there a template for the CPR 31:14, I’ll go back and look at the threads, I’m sure there’s one on there 

FOUND IT!

[dx100uk]

On 01/09/2019 at 12:46, Andyorch said:

Yes if you genuinely owe.....but nothing in connection to claim ...costs/ fees ..only true water debt. 

 

so will almost the same defence as before @andyorch  i'm sure will check things over later in the week defence is not due till friday @ 4pm.

 

[dx100uk]

ive put back up your assistance application form as PDF now.

 

[Bekki0405]

OK thanks. In the meantime I’ll send the CPR 31.14 off to SM. Could someone give me a nod to the wording. I’m assuming the Statement of Account is the actual bills, or do I add that to the list? 

 

Dear Sir,
 
Re: Southern Water Services v .....

CPR 31.14 Request
 
On 5th April 2021 I received the Claim Form in this case issued by you out of the Northampton County Court Business Centre. 
 
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.
 
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:
 
1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
 
2: Notice of Assignment

3: The Default Notice 
 
4: Statement of Account
 

 

[dx100uk]

1 hour ago, dx100uk said:

get a CPR 31:14 request running to the solicitors

request copies of all bills relating to the date range in their particulars of claim

.

don't sign anything

.

dx

dump the list on the cpr replace with what i posted earlier as above!!

 

 

[AndyOrch]

Are the particulars the same...same amount claimed... same dates ?