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maciekj90

Southern Water/ Shulmans claimform - water and sewerage charges

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It's been a while since I have send a SAR to Southern Water.

Should I chase it, check with SW if it was correct or wait?

SAR sent out on 09/02/19

i just have received statement of the account dated 26/02/19 I did requested this previously from DCA but they failed to provided it, so SW done it.

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sar is 30 days


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they can give themselves a 2 month extension to fulfill the request oif they tell you tht it is particularly complicated. Being busy isnt an excuse.

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There is a little progress with the regards to SAR. 

 

Today I've received the letter explaining that "we cannot answer an enquiry that asks to see all information we hold about you. This request is too general or us to be able to make a reasonable search. However, I am pleased to provide the specified information you have requested."

 Then further explains that they send me encrypted USB stick with the required data. 

The phone calls recordings are apparently kept for 13 months only.

 

The USB stick arrived in second envelope by "Sign for" service. 

The problem I have now that I can't unlock the USB stick with the password provided by SW. Its Corsair Padlock 3 and following instruction in the letter did not unlock it. I've watched, videos on YouTube and went on Corsair website for detailed info and still not luck. I gonna give it 12 hours rest as it maybe antihack locked after many unsuccessful attempts to unlock it.

 

PDF copy of the letter from SW attached.

 

If somebody can delete the pictures above as it is  not PDF , please do it.

SAR_request_reply_SW(1).pdf

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Good evening, 

 

I have just been able to open the USB stick with data requested. 

 

There is not much info added to what I already have, all blls, recording of one phone call from March 2019, emails  between UKSearch and SW, Remainder and automated letters and account notes.

 

 The account notes do mention taking my details from Landlor in 2012,  phone call in 2014 but only as advise to set up payment scheme  and phone call in 2015 with more details regarding the fact that I was not living there since 2008 and was working away.

 

Nothing helpful.

They keep the notes to minimum and only what they want to put in there.

I will upload PDF of the notes if anyone is interested and just as a warning to make your own recordings and notes.

  

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Hi, 

Just an update to my dealings with Southern Water. 

 

They just registered SECOND DEFAULT on my credit file for the same debt, with later date and lower amount but still for the same money.I

 

First one has been removed before six years time lapsed, but would be removed by now anyway as it was registered with date 04.2012.

 

Can they do this?

 

According to Southern Water 1st default was registered in Nov 2012.

Then it was removed by SW as the account wasn't correct.

 

Then they registered new one from August 2013, but I had no default on my file since 2017.

 

Then one appeared just days ago for the recently updated amount of £968.70 

Apparently is the same default since 2013.

 

I'm confused and I will appreciate any advice in regards to the situation.

Should I do anything or just wait till August when its disappear again?

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do you mean default notices or D in the calendar section of the credit file?

 


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First Default on my file had note that it was registered by SW in 2012, the one that appeared now it's says registered by SW  in August 2013. Between mid 2017 and now I had no default on my account and my score was Good now is Poor. 

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complain to the ICO and in the meanwhile get the cra to put a notice of correction on your file whilst you fight  it out

 

a recent higher court decision has given any comapny the opportunity to abuse the default date reporting process and they are certainly doing so. In extreme cases they can drag out a default for 5 years

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 I came back home on Monday and found this Claim form in my letter box.

In the light of what I have explained earlier in regards to this debt claim, can anyone tell if I have any chance fighting it in th Court.

SW in the last conversation request the proof of me living somewhere else, which I can't provide. They have info from the landlord of property being rented to me, I was there on electoral register, had bank account opened on this address, Driving licence had this address etc., but I wasn't living there. 

 

 

Name of the Claimant -  Southern Water services

 

Date of issue – 12/06/2019

 

 

Particulars of Claim

 

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

The Claimant claims the sum £969 for unpaid water and/or sewerage charges payable under s. 142-144 of the Act and the Claimants' Charges Scheme.

The unpaid sum of £969 is for water and/or sewerages provided to the Defendant(s) at

.....(address) for the period 01/04/2014 to 08/07/2015.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year  from 08/07/2015 to 11/06/2019 on £304 and also interest at the same rate up to the date of the judgment or earlier payment at a daily rate of £0.21

 

What is the total value of the claim?

£1423

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?

yes Letter before Action

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? 

Yes, COA address.

 

Did you inform the claimant of your change of address?

No


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

No, water charges

 

When did you enter into the original agreement before or after April 2007 ?

Allegedly after - April 2012

 

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

No

 

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

No, no anymore

 

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.

Southern Water - original creditor

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Did you receive a Default Notice from the original creditor?

No.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No

 

Why did you cease payments?

Never. I wasn't aware of bills.

 

What was the date of your last payment?

Never

 

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

Yes, creditor did not take my notice of bills being wrongly issued in my name.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

No

 

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So between 08/07/2015 to 11/06/2019, did you have an agreement with the landlord in respect of this address where the water bill is owed ?  If so, did the agreement with landlord say you were responsible for water & sewerage charges ? 


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don't forget, this is a speculative claim by Shulmans , as with all these Shulman water claimforms they are involved in. 

 

hoping for a default non contested judgement. hence the obv date mistake in the POC 

 

[we need to see the full poc please..not etc etc. 

I know its std..but the devil is in the exact details of what is written verbatim.]

 

dx

 


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checking the dates on the the claim form and the details from SW I've realized they use sum from 2013-2015 and state that is only for 2014-2015 it's second time UK search/Shulman's make this mistake.

 

Is it the one you talking about?

 

I will type in full wording of particulars later on.

I don't have copy of it with me, I didn't want to make it too long as it all standard.

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they can only take you to court for monies owing back 6 yrs from the DATE ON THE CLAIMFORM.top right

if the POC says dif.

that's what im pointing out.


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Ok, here is the full wording of the Particulars of Claim.

 

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

The Claimant claims the sum £969 for unpaid water and/or sewerage charges payable under s. 142-144 of the Act and the Claimants' Charges Scheme.

The unpaid sum of £969 is for water and/or sewerages provided to the Defendant(s) at

.....(address) for the period 01/04/2014 to 08/07/2015.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year  from 08/07/2015 to 11/06/2019 on £304 and also interest at the same rate up to the date of the judgment or earlier payment at a daily rate of £0.21

 

On ‎19‎/‎06‎/‎2019 at 16:49, dx100uk said:

they can only take you to court for monies owing back 6 yrs from the DATE ON THE CLAIMFORM.top right

so the POC says dif.

that's what im pointing out

 

So you saying, that they can't claim money from the bill from April 2013, even if there was exchange of correspondence with regards to the alleged debt? And this is why they say their claiming from April 2014, but sum still include money from 2013?

 

I do apologize if it's something obvious and I ask dumb question, but this is stressing me again so much that I may loose clear judgement of the situation. :-)

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via their POC section 69 interest they've actually ack'd that some of the claim is SB'd…[int start date=08/07/2015]

 

the claimform date is 12/06/2019 ...some of the claim must thus be statute barred..

 

and no you cant reset the sb date by acking it once 6yrs has already expired..not even a judge can change an SB expitation…..

 

now i'll poke my neck here...….

go ring your contact in SW again

explain the above.

I bet they have no knowledge as in other Shulman claimform threads here that a claim has been issued and will be very annoyed it has secretly.

 

also ask about the Water Direct scheme. you could get this claim cancelled as in other threads 

 


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These dates stated are within last 6 years. So what is the challenge here. Are the dates/amounts wrong ?

 

"for the period 01/04/2014 to 08/07/2015.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year  from 08/07/2015 to 11/06/2019 on £304 and also interest at the same rate up to the date of the judgment or earlier payment at a daily rate of £0.21"


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To be honest I don't get it, dx100uk, explained it above , but I don't see it. 

 

However there is discrepancy in amounts and time bracket.

Time bracket only include 2 years, but the amount is for 3 years.

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Posted (edited)

This is email from SW re charges

 

Hi Copy bills attached.

New balance is £968.70

 

Bill Adjustment 45.00

Charges for 01 Jul 2015 to 08 Jul 2015 11.10

Charges for 19 Nov 2014 to 30 Jun 2015 271.99

Charges for 29 May 2014 to 18 Nov 2014 213.07

Charges for 01 Apr 2014 to 28 May 2014 60.25

Charges for 01 Apr 2013 to 31 Mar 2014 367.29

Regards 

Edited by maciekj90

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no just me being silly I was working on a complex Scottish case whilst replying here which is 5yrs sb...carry on nothing to see here..move alone please..:lol::bowl:


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So, is there anything I could do about the fact that it is reaching back to 2013 and PoC says only back to 2014.

What should be my approach to the claim?

My priority is to avoid CCJ and not to being bullied into paying money that I do not owe.

 

 

To answer the question

On 19/06/2019 at 06:40, unclebulgaria67 said:

So between 08/07/2015 to 11/06/2019, did you have an agreement with the landlord in respect of this address where the water bill is owed ?  If so, did the agreement with landlord say you were responsible for water & sewerage charges ? 

 

No, not for the time you mention above.

Yes, agreement stated Tenant is responsible for water charges, and I was paying when I was living there.

SW started billing me again when I was still renting this property, but I wasn't living there, I kept it as CoA on all my official needs and documents.

 

 

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for minute follow std proceedures

 

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 start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

ask for copies of all bills

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]
or copies of all bills 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Ok, I have acknowledged the claim, send CPR31.14 to sols, I guess its time to fill in the defence.

Can anyone help me with this please, as after reading other threads it is make very little sense to me and its very upsetting.

I wish this will be all over by now.

 

What should be included in defence,  what shouldn't be there?

What would I need to support my defence?

Can someone walk through this, please. 

 

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have you read the two threads in post 42?

 

defence is not due till/by 4pm Friday 12th.

 

 


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Yes, I have read them, many, many times by now. Even before you point them out to me, but more I read it more mess it makes in my head and more confused I am. 

So what do I do for now?

I thought I shouldn't wait till last moment with the defence to not make judge thinking I was waiting to long with it just to drag it in time.

Or I mixing things up?

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