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

[AndyOrch]

What have you received from court....? a Notice of Proposed Allocation... or Notice of Allocation?

 

Andy

[AndyOrch]

Which one ?

[AndyOrch]

So you have the Directions Questionnaire N180...dont be inclined to fill it in ...you must fill it in its the next part of the process.. and file and serve a copy on the claimants solicitor by the date stated..failure to complete the DQ will result in your defence being struck out.

 

This allocated the claim to track ...Small claims in this instance and transfers the claim to your local county court.

 

Simple to complete.

 

Yes to mediation (you are expected to participate in mediation whether it actually happens is another matter)

Yes to SCT

State your local county court

1 witness...you.

 

The rest is self explanatory tick boxes.

 

Run 3 copies ..(Court/Sol/file) you can use the following link to complete it on your PC....looks far more professional than pen.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

Andy

[AndyOrch]

You cant fill it on line...you complete it on your computer and print 3 copies

[AndyOrch]

No.... by all means attempt settlement..the further this progresses the more it will cost SW.

[AndyOrch]

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.

[AndyOrch]

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

[AndyOrch]

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

[AndyOrch]

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.

[AndyOrch]

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

[AndyOrch]

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

[AndyOrch]

Yes post #88

[AndyOrch]

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

[AndyOrch]

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. 

[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

[AndyOrch]

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

[AndyOrch]

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

[AndyOrch]

Name of the Claimant ? Southern Water Services

 

Date of issue – 12th December 2018

 

Particulars of Claim

 

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

 

2.The Claimant claims the sum of £4559.62 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 £4559.62 is for water and/or sewerage services provided to the Defendant(s) at XX XXXXX XXXXX (my address is here) for the period 11/07/2007 to 09/07/2018

 

4.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 09/07/2018 to 11/12/2018 on £154.90 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £1.00

 

 

 

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

[AndyOrch]

Joint names as in 1st and 2nd defendant on one claim form ?

[AndyOrch]

So 1 claim form both names on and one claim number.?

[AndyOrch]

Lets start again...by saying same claim number signifies 2 claim......how many claim forms have you received 1 or 2 ?

 

If 1 does it have both your names on ?

If 2 does it have both your names on ?

[AndyOrch]

Strange...well as long as there is only one claim number...but you will both have to acknowledge service (this should have already been done claim issued 30th March 2020) and both have to submit a defence and separate CPR 31.14...everything in duplicate.

 

Your defence will have  to be adapted this time using the initial defence but updated to inform the court of their previous claim and being struck out.

 

I can draft this for you which is due this Friday by 4.00pm

 

 

 

.

[AndyOrch]

Quote

I’ll call the court tomorrow, to check about my ex claim form. He wouldn’t have received it as he doesn't live here. 

 

Last known address is deemed good service...so unless he advised SW of a new address...then thats not going to wash with the courts.

He needs to try and do an acknowledge of service ASAP.....if the system will let him and a bar has not already been put in place.

[AndyOrch]

Particulars of Claim for reference only.

 

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 judgment or earlier payment at a daily rate of £0.96

 

 

Proposed Defence

 

I Mrs XXXXXX being the joint Defendant in this claim , accordingly I set out my case below and rely on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been I made.

 

It is brought to the courts attention that the claimant has previously issued this claim on (date) under claim number (xxxxxxx) which was struck out in the XXXXX County Court on ( date xxxxxxx).The particulars of claim are identical with the dates and alleged amounts slightly changed.

 

Again as in the previous claim 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 billing for a period of more than 6 years pursuant to the limitation act 1980 and has failed to follow its own Code of Practice therefore years 2014/15 and 2015/16 are denied.

 

I have requested further information with regards to the alleged debt by way of a CPR 31.14 request. The claimant is yet to comply.
 
I  had previously requested information from the claimant 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

[AndyOrch]

I did rephrase the defence and wasnt actually referring to back billing the legislation...see edited defence above.

 

 

 

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