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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   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? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   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? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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maciekj90

Southern Water/ Shulmans claimform - water and sewerage charges

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Good morning all.

 

Back in September 2018 I received Letter Before Action from Shulmans on behalf of Southern Water via their agent UK Search Limited.

 

I have answered 4 days after deadline to it by sending the Reply Form,

ticked box "C" I don't know whether I owe the debt,

 

box "G" and box "I"

requested copy of the Default Notice and bills for the time between 01.04.2012 and 08.07.2015.

I've sent it by email and registered letters to both Shulmans and UKSearch

The bill is for £1315.50

 

Since then email conversation started with UK search when copied emails to Shulmans they send me reply to don't contact them and deal with UK Search instead.

 

I received bills for the time requested.

However first bill from 18.04.2013 include the amount from previous bill for 01.04.2012-30.03.2013 which I believe is statue barred as it's over 6 years from the date they issued original one.

 

I did point this out in my email to UK search and requested new accurate bill with SB element removed

(I did not specified what amount or time bracket) and other inaccurate calculations removed

(they use full tariff instead of changeover tariff on one of the bills).

 

Then UK search have sent me same bills by letter this time with account on hold for 14 days to reply.

Date of the last letter 25.01.2019

 

I know SW have registered Default on my credit file in 2013 with default date 01.04.2012.

I have nothing to prove it as it is already gone from the credit file ( it has disappeared earlier then 6 years).

 

Can you help me with your knowledge and tell me, am I right thinking the debt is statue barred in part?

 

What should I do next,

to whom should I direct my correspondence as I dont feel UK search do any good job.

 

Some of the later bills are not proper bills, but print outs from their computer system.

Is this still valid?

 

Can I just point out I did not live in the property the bill is for most of the time they bill me.

However I have used it as my resident address as I was living away and had to have residential address somehow.

 

For long time I did know the bills where in my name, till they registered the Default.

I've tried to speak to them but they refused remove my name from the bill until I sent the proof of the new address.

 

Then in 2015 I told them I moving out of the country and they stop billing me.

Then the bills start coming to my new address once I have registered on Vote register.

 

Should I made a SAR request to find more info and if I can reduce the bill.

 

I am aware I let things go out of control in the past and for this reason I will have to pay some or all of it,

but I rather pay less, especially I feel they have not done things properly,

like billing me without my knowledge and not taking my request to stop billing me when I call them twice.

 

Any wise advice would be appreciated.

 

I rather do it without Court as I am about to buy the house and can afford to have CCJ against my name

Edited by dx100uk
spacing

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forget dealing with the wolves and their dogs

talk to southern water directly.

 

if you were not resident at the address and it was only a Care-of address then odds on you might owe nothing.

 

who was actually living there?


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

 

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I used to live there "full time", then I moved out as it wasn't financially wise for me to pay for room which I visited once a month only to collect the post.

People who lived there were friends to start with, but some of them moved out.c

 

The problem with Southern Water is that they want proof that I was living somewhere else, and I can't provided it as everything like bank, driving licence, car insurance was registered at the address and I was on Voters register there as well.

 

Once I get my name removed from the bill I know they started sending the bill to the person who was added last to the register.

 

What should be my approach to the SW and if I stop communicate with UK search wouldn't they proceed with the Court Claim?

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was it a HMO or just a group of friends sharing?

Who owns the property and what do you have that ties you to it regarding tenancies etc.

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Group of freinds. My name was on original tenancy agreement among the others who moved out prior to problems with water bill started. We never want to change the tenancy agreement as the price was good and our logic was to stay under the radar of the owner as he would not like the idea of turning agreement to HMO.

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they've probably knowing uk search sent the same letter to all of you.

so they'll get +£1k out of each and go have a holiday on the free money without telling SW.

 

if you've not guessed yet

read post 3

these are a mass speculative fleecing exercise

 

 

as the other poster did

go ring SW, bring up the part of the sum is statute barred

then discuss the fact that you never actually living there it was only a maildrop.

 

from what I am told from information gathered elsewhere, SW are in the main clueless and not aware UKsearch and shumans have sent these letters out .

go talk to them.


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

 

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When they included 2012 bill in 2013 bill did they reset the clock.

 

Can they refuse to deduct SB part on this ground?

 

Is the print out from the computer system valid bill, should be in the official customer form?

Edited by dx100uk
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they cant reset anything.

 

which ever way you cut it

you don't owe anything for any sum which is outside of 6yrs

and you don't owe any sum for when you were not resident there.

 

look in those threads I sent you a link too.

there is one whereby the supposed debtor rang up SW and got someone helpful.

they removed the debts outside of 6yrs and allowed payment using some help scheme for the small amount actually owed.


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

 

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Thank you for your help. I do read the threads.

 

It is uplifting that some people are successful in dealings with bullies, but as you noted they were lucky and get someone helpful on the other side.

I am rather to be prepared for unhelpful once, so this is why I am asking possibly silly questions.

 

I'm just in process of getting the recording software for the phone conversation and go through the bills again and probably write down what I want to get from the conversation as they know how to distract you and make you accept what they want.

 

Thx again. I will come back with the result or for more advice / encouragement.

Edited by dx100uk
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good idea

 

don't forget one impertinent question...

you are also chasing all the other residents at that time?

so you are after getting +£1k each out of them as well, that's quite a tidy profit


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

 

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In respect of the change over tariff you mention these relate to measured charges (i.e. from a water meter) but if you are being billed from 01.04.12 to 31.03.13 this would be an unmeasured charge based either on the Rateable Value of the property or assessed based on the number of bedrooms.

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Change over tariff in regards to the later bill. I don't have it with me right now, so I can't tell which year was it, however it says in correspondence box your bill is 210 ish pound if you were on full tariff it would be 277, but then at front of the bill they used higher figure not the changeover one.

Please note the amounts are just to illustrate, not the right amounts as I don't have the bill in front of me.

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Ok sounds like you had a meter fitted at some point during the time frame of the charges. Did you request the change over tariff as you would normally have to do this? This is because a decent percentage of people moving to a meter find they’re paying less than before so don’t need / want this tariff.

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No, it was by default on change over tariff, and from the bills looks like it was better this way as the metered bill was always higher.

 

I believe it was for 2 years since they put meter, one third of the new bill and two thirds of the old one for the first year and other way round for second year.

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After over an hour conversation over the phone today with a lady who at least try to be helpful I did get some result but not expected one.

 

It appears that SW have reduced the bill for the SB amount, but UK search did not pass the information over to me, they just send same bills as previously.

 

The discussion in regards to my responsibility for the bill ended nowhere as I have no proof that I was living somewhere else not at the address in question.

It was same argument as in 2015 when they eventually took my notification.

There is nothing on screen notes from 2014 that I've informed them that I am not living there. It was noted that I called them to ask for help in paying the bill.

 

I wish I have come across this website at the time. I would have proper proof of what have been said.

 

It end up in advise to speak to UK Search, I know it's hopeless, and get the advise possibly from CAB.

at the moment bill is for 950 ish.

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well you don't speak to anyone bar SW.

 

let SW goto court, gives you plenty time to gather what yo might need.

 

don't forget

its for them to prove you were there not you to prove you were not.

 

get that sar running before more info hits the shredder


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

 

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Do the SAR include the recordings of the phone calls, if they have one?

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no harm in asking


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

 

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well you don't speak to anyone bar SW.

 

let SW goto court, gives you plenty time to gather what yo might need.

 

don't forget

its for them to prove you were there not you to prove you were not.

 

get that sar running before more info hits the shredder

 

They seems to think otherwise.

They don't take my word for it and all official records shows that I was registered there.

 

How could I prove I wasn't living there.

Ideally I would like to sort it out of court.

What you think would work for me in the court?

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have you got the sar back yet?


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

 

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then await it

particularly with regard to the 2015 conversations and what notes were made.

 

dx


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

 

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good idea

 

don't forget one impertinent question...

you are also chasing all the other residents at that time?

so you are after getting +£1k each out of them as well, that's quite a tidy profit

 

 

No the other residents wont be chased, the OP stated in 1st post that they knew that their name was on the water bill

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