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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.
    • http://www.hadefpartners.com/News/333/Limitation-periods-in-the-United-Arab-Emirates   One of the key limitation periods to be aware of is the limitation period for a claim for breach of contract. We have been approached by many clients (including in-house counsel at large multinational and local companies, and even international law firms) who believe that the limitation period for a breach of contract (including a commercial contract) in the UAE is 15 years. What they are often not aware of is that the limitation period for commercial contracts (as set out in Federal Law 18 of 1993 (the “Commercial Code”)) is usually 10 years. Therefore, multi-million dollar claims dating back over more than 10 years may now be time-barred.   https://www.jstor.org/stable/3381662?seq=1#page_scan_tab_contents
    • how long did you sign up for ? if they claimed DD after that period …….
    • If this thread was started about your friend, please don't ask Q's about your dad or anyone else.   Keep this thread on track and use a new thread to discuss issues about YD, thanks.   Keeps thread simple and focused.
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crazycatlady1

Upcoming trial for speeding and failing to provide

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I've done some research on this but all and any advice is welcomed please! Bit of a long one - here we go......  

 

My partner is due in court at the end of the month for speeding and failing to provide driver details and he's probably going to have to self represent. We're not really too sure what to expect as neither of us have been through this before. 

 

There was a trial in his absence a few months ago but he only just found out about when he got an attachment of earnings. He gave a statutory declaration a couple of weeks ago and plead not guilty to both charges. The background is the speeding offence took place in August 18 in a company vehicle and company owner has named him as the driver. Company owner actually sent the first notice back incomplete and was sent another one in which he then named my partner.

 

My partner had stopped working with this company by then (ended on bad terms) and the boss did not say anything to him at the time when he received the first NIP either (partner feels this is a stitch up!). My partner does not believe he was driving at the time but obviously it was quite a long time ago. He has had a clean license for about 25 years. The vans were driven by a number of individuals and would be swapped around during the day. No proper logs of who was driving etc were ever kept. Not even sure how he was able to identify my partner as the driver in the first place! 

 

The photo evidence we were given 10 mins before giving the declaration was black and white so there was no way we could say it was him or even anyone else. I guess there could be a colour version available that might better identify the driver, in which case if it was him speeding then he will have to admit that, but like i said, he really doesn't believe it was him! If there is a better photo and it is undeniably him, will he be able to barter and admit guilt for the speeding and ask for the other charge to be dropped - or are we past that stage now?

 

Also, he is not a registered keeper of this vehicle and I don't think he really has much responsibility for it - is that much of a defence in either charge? For the failing to provide charge, he has said that he did not receive any paperwork in the post. I know it seems highly unlikely to not receive three documents (the NIP, the reminder and the summons) and that will take some convincing. However, he definitely didn't, and the company owner didn't say anything to him either so he had no idea there was a problem. 

 

They have had their neighbours post delivered to them by mistake on a number of occasions so his defense for this is essentially going to be a rebuttal of the presumption of service and therefore it was not practicable for him to respond as he didn't receive it.

 

Another house occupant, who is the person who deals with incoming post at home and is usually at home when it arrives, will come to court as a witness to back him up. It's been over two weeks since he made his declaration and plead not guilty and I gather the CPS have to re-serve all evidence in these situations, but we haven't received anything. Is that normal in this timescale? Should we chase them?

 

Do we chase the police up or contact CPS directly? There are also evidence documents referred to in the SJNP that we have not seen yet either. What do we do if we get to court and still haven't received it? Surely that's not a fair trial! Could it be dropped? What will happen at the trial?

 

Does he have to do opening and closing statements etc? What should be in them? Also, if he has evidence that he wants to submit, how does he do that before the trial? Sorry I have so many questions, thanks in advance! :)

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Provided he was the driver and he accepts the speeding charge he should ask to see the prosecutor before court begins and 

offer to plead guilty to the speeding charge provided the FtF charge is dropped. This is perfectly normal. I cannot give a detailed answer at present. Suggest you visit www.pepipoo.com where you can find more info

 

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