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    • Yes owners of the debt can issue a UK court claim if you reside in the UK, subject to UK court procedures, so can defend the claim. 
    • 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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    • 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 statutory...etc The Claimant claims the sum £969 for unpaid water and or sewerage charges payable under s. 142-144 of the act and the Claimant Charges Scheme. The unpaid sum of £969 is for period 01/04/2014 - 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 and also interest at the same rate up to the date of the judgment or earlier payment at 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  
    • If the case was brought before a UK civil court would UK rules apply or foreign rules?   I wonder if the original contract would strate what jurisdiction it's terms would be decided by?   I note that UK contracts frequently have a clause that says in so many words that any disputes  will be interpreted under UK law.
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kjun

can i put removable bollards up on Unadopted road parking query

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Hi all I have a question regarding parking so this may not be the correct sub forum, please feel free to re-locate...

 

In short we have lived on an unadopted road for years now renting a property so there are no parking restrictions such as permits or yellow lines.

 

As all others have lived in the same road also for a number of years there is an informal understanding with regards to parking and most including us use traffic cones outside our houses to secure our spots and respect each other’s spaces until recently where we are experiencing persons not living in the street moving the cones to park so to avoid buying permits for the roads they actually live in.

 

Now I understand there is no right in law to park outside your home however have been looking into fitting collapsible bollards and as expected the council raised no objection when I contacted them as the road is not maintained by them and referred my enquiry to the Highways Agency who also advised they were not interested.

 

So thought great can do this without a fuss until I started to wonder regarding personal liability if for example someone tripped / fell over them and thought I’d get some advice from the knowledgeable persons on here of whether this would be a concern and if so can it be mitigated for example reflective ones, security light for night time as there is no street lighting etc.

 

 

 

Any thoughts about this would be greatly appreciated 

 

Kjun

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no you cant its still classed as public access

the only thing you can do is employ a PPC.

but all of you would have to agree


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Thanks for your reply DX but just to clarify I am not talking about blocking access through the road as clearly emergency services, delivery drivers etc need to get down there but meant using bollards to replace the traffic cones which are placed outside our homes adjacent with what would be the pavement if there was one.

 

would the above still apply please?

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who actually owns the land? The problem is that many raods like this have been used so long that rights of way are created that allow not only those who live ther the right to drive and park there but access must be maintained for anyone else as well. This may seem silly but look at The Occupiers Liability Act and you will see that if a burglar injures themselves on your fence you ARE liable.

Now in your situation you will need to find out what easements exist or have been created and only do things that are not subject to them. A complete stranger will have no right to park there but if you contol access you may prevent someone enjoying the rights they have acquired by trespassing there for the last 8 years.

 

Where does the road lead to?

In short you may use things like retractable bollards providing you actually own the land either individually or in common with the other residents and if the latter they all agree to whatever is proposed. make sure that there is nothing on the land registry record to stop you and consider the right of access by others who have used it for years like the dustcart That way access is maintained but the interlopers just wont be able to get their cars there.

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