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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
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StevieD1

NatWest/Shoosmiths Claimform - OD debt[s] +£12k

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I wonder if anyone could give me advice.

 

I was in a very volatile relationship which ended some 9-10 years ago.

When I left we were saddled with a load of debt.

I had some mental health issues at the time and to be honest buried my head in the sand and hoped it would go away.

 

Fast forward to a few years later I started to get demands for payments.

I really didn’t know what had been paid and what hadn’t.

 

I had a few demands from the Northants CCBC with claim forms for CCJ.

Each one that I received I acknowledged and paid until a large one arrived that I couldn’t afford to clear.

 

I ended up with a CCJ which is now off my credit file and was satisfied and paid in full.

I’m just starting to get things sorted and a few years ago took out a subscription with ‘check my file’ to monitor debts and get sorted so that I had no surprises. 

 

Today I have received a claim form from Northants CC business centre with NatWest as the claimant and Shoosmiths as the contact.

I have genuinely not had any prior information about this debt and it has not appeared on my credit file with any of the credit reference agencies.

 

The debt is >£12k and there is no way I can afford to pay this.

I am assuming that this was from a joint bank account that my ex ran up towards the end of our relationship.

I assume from what I’ve read that I cannot claim statute barred if my ex has been marking payments to this.

 

I have never received any details and I’ve never had any contact from NatWest or Shoosmiths about this debt so the claim for a CCJ has come right out of the blue.

To complicate things further a few years ago my ex contacted one of my family claiming destitution and from what I was told was really suffering with mental health problems. He said that he was paying off some joint debts and asked for help.

all that I could afford was £100  month which I agreed to pass through an intermediary to help him with this. 

 

As I stated above I am just starting to get back on my feet,

I’ve had a promotion to a director role and was just starting an application process for a mortgage.

 

Is there anything at all that I can do to stop me receiving another CCJ and having to start all over again for another 6years.

I can not afford to pay the total amount but if the £100 that I am passing to my ex is towards this debt I can pay that direct.

 

I really didn’t know about the debt and genuinely had been checking every month across all of my credit files with all agencies to make sure things like this never happened.

 

I don’t know if my ex has acknowledged the debt but I certainly haven’t.

If the £100 that I am paying him was towards this debt could I get out of the CCJ in any way.

 

I am absolutely desperate and cannot begin to think how I will cope trying to build my credit profile back for another 6+ years

. I would be really grateful for any help or advice that anyone can give me. 

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please complete this:

 

 


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Hi and Welcome to CAG Stevie.

 

If you would read the following link and then copy and paste the Q,s and your responses back here so we have all the information in one post...then we can advise further the best way to proceed.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-what-you-need-to-do-updated-jan-2019/

 

 

Regards

 

Andy


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If you want advice on your thread please PM me a link to your thread

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I’m hoping I’ve attached this correctly... 

In order for 

 

Name of the Claimant ?

National Westminster Bank, Bishopgate

 

Date of issue – 11 June 2019

 

Particulars of Claim

The defendant (D)  held the accounts as listed below with the claimant (C).

 

D failed to pay the sums due to C when demanded and the sums listed below remain outstanding

[this is followed by two account numbers for the sums £1750 and £9750

 

What is the total value of the claim? £12'116

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No, I haven’t received anything 

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes on a number of occasions. 

 

Did you inform the claimant of your change of address? No, I always kept the electoral role updated but I had significant mental health issues for circa 3-4 years following the separation from my then partner who was a joint account holder. I started to receive demands for all manner of things and cleared these as they came in. 


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

i think the claim is a bank overdraft but I genuinely don’t know for sure. I was certainly part of an overdraft and possibly a current account, loan or credit card. 

 

When did you enter into the original agreement before or after April 2007 ? I really can’t be absolutely certain. I split from my partner in 2010/2011 so most prob it would have been after 2007

 

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

 

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

NO I’ve checked all both active and closed accounts and it’s not in any of them. 

 

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. It says that the claimant is Nat West with correspondence addressed to Shoosmiths LLP

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

 

Did you receive a Default Notice from the original creditor? NO I didn’t receive anything that I can recall and I have been pretty forensic about credit as I’ve been trying to build it. I did have a CCJ that was applied in absence. I paid this and it came off my credit file in 2018

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? 2010/11

 

What was the date of your last payment? I’ve not made any payments but my ex partner may have. As per my previous post, my ex contacted a family member and to summarise I agreed to pay him £100 per month as he said he was dealing with joint debts. I have a record of these payments. 

 

Was there a dispute with the original creditor that remains unresolved? Only dispute between me and ex, I don’t think there was a dispute with NatWest

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? We did right at the beginning. I think my ex started up a plan to pay but as I said I was I’ll and if I’m honest buried my head in the sand. But after that initial 2-3 years I became much better and started dealing with my debt as it came my way. When I was served the CCJ I then started to actively search the credit reference agencies to deal with everything that was outstanding. None of this appeared on my files. 

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both numbers in the poc are in the format of...sort/account number

just to check 

 

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]
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]
 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

The CAG Interest Tutorial Read Here

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