Southern Water/ Shulmans claimform - water and sewerage charges ...

[stephenXL]

Just filed "Acknowledgment of Service" on-line via MCOL.

(Deadline 4pm tomorrow)

 

I ticked the box to defend all of the claim.

Question: Do I have to send "Defence N9B" off now as well? Or do I get time to file this later next week?

 

 

Be very grateful for any help

 

StephenXL

[dx100uk]

no. the paperwork is just for ref if using MCOL

 

can you please complete this:

 

 

[stephenXL]

Thanks.

 

I will do as you suggest. Not sure how to copy and paste to my thread though, I' ll give it a go.

 

Will try to get it done this evening

[dx100uk]

what is the debt? if its covered by the consumer credit act then get a CCa request and a CPR away TODAY.

if it's not covered by the CCA just send a CPR

see below.

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 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
 you DO NOT file a defence at this time
 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]
 

[stephenXL]

Name of the Claimant ?Southern Water Services Limited

 

Date of issue: 13 January 2020

 

Particulars of Claim

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

 

2.The Claimant claims the sum of £3698.11 for unpaid water and/or sewerage charges payable under s. 142-144 of the Act and the Claimants Charges Scheme. The sum of £3698.11 is for water and/or sewerage service provided to the defendants(s) at (address in Brighton) for the period 01/04/2012 to 31/03/2020

 

3.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 01/04/2019 to 10/01/2020 on £230.19 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.81.

 

 

What is the total value of the claim?  4193.30

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? I have not been aware of any such debt against me in regard to this account. There are two defendants listed on the claim (My ex Partner and Myself) I have not resided at the address since late 2010.  (I am listed as a tenant at that address. More info can be provided via PM, there are other legal matters related here). PM would help fill in some the ambiguities.

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  YES (PM for details if necessary  

      

Did you inform the claimant of your change of address?NA

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

 

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

 

Do you recall how you entered into the agreement...On line /In branch/By post ? NO, I was never aware of being participant to any supply aggreement.

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?Not showing as yet.

 

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.  Sourhern Water Services Ltd

 

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

 

Did you receive a Default Notice from the original creditor?NA

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?

 

Why did you cease payments?NA

 

What was the date of your last payment?Unknown

 

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

 

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

At no time have I been involved in matters relating to this alleged debt. The first I ever saw or heard about this claim was 6 days after the Issue Date, when my ex-partner called to inform me of impending Court Judgement.

 

 

 

[dx100uk]

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=Shulmans claimform&oq=Shulmans claimform&gs_l=partner-generic.3...36902.40190.2.40859.10.10.0.0.0.0.196.1198.3j7.10.0.gsnos%2Cn%3D13...0.3295j1292363j10...1.34.partner-generic..15.0.0.QPmkTk22YNg

 

numerous of these above get reading all of them.

 

9/10 SW don't have a clue the claim has been raised.

 

pay PARTICULAR ATTENTION to the threads whereby part of the claimed sum is statute barred, they can only claimback 6yrs from the date of the claim.

you are both jointly responsible, you must EACH do everything the other does, AOS,CPR,N180,N157,WS etc etc.

 

I would closely follow the recommended actions in the threads above

1st port of call is a CPR 31:14 each and get on the phone to SW tomorrow {NOT SHULMANS!!) 

also don't forget the water aid scheme too.

 

why has your ex not been ever paying the water bills?

[MadScouser]

Why would StephenXL be jointly liable for the debt of charges from 2012-present if they left the property in 2010?

[AndyOrch]

I think DX means jointly responsible in responding to the court claim MS

 

Andy

[dx100uk]

well both really.

he is still listed as a tenant too.

[stephenXL]

 

why has your ex not been ever paying the water bills?

My ex has ongoing mental heath issues. 

 

We moved into the address March 2009:

After 3 months my daughter and I had to seek refuge from her mother(my ex).

 

We were asked to return for a few months in 2010.

Had to flee again soon after.

I had set up all other utilities right at the start, had to flee before getting round to arranging WS utility.

I assumed that she had set it up, in her own right. 

 

AOS,CPR,N180,N157,WS etc etc.

I have been very ill over the past couple of days with COPD strapped to an oxygen bottle.

Anything I should not say to Southern Water when I can contact them?

 

I used to be much better at this, any quick links to templates for the above please?

 

My ex has had a letter yesterday from Shulmans (addressed to both of us) asking to arrange a settlement to avoid judgement.

I have spoken to her to say do not contact them to respond.

 

Thanks

 

StephenXL

 

[dx100uk]

On 04/02/2020 at 20:44, dx100uk said:

get on the phone to SW tomorrow {NOT SHULMANS!!) 

also don't forget the water aid scheme too

 

no you cant drop yourself in it.

just get to speak to the legal team, as per those other threads

 

main point is some of the debt is statute barred 

 

[stephenXL]

So.......Just spent the last 35 minutes on the phone to Southern Water Services (allegedly),

operator took details accessed Water account confirmed some details

(nothing apparently on Southern Water account/customer system regards any pending legal action) (operator suggested that my ex partner is charged just 20% of any rate)

 

then responded to my request to attempt to speak with their Litigation department.

Put on hold for 5 minutes.

Then given a number to ring.

Number discontinued.

Redirected to the same number I called originally.

 

Again put on hold....when answered by alleged litigation department,

I gave what I believe was a valid customer number,

they insisted on a customer reference number, which I seemingly don't have.

 

They wanted to know if I had legal proof that I do not live at claim address.

I do but can't provide such proof without going back to court to grant disclosure.

 

after some toing and froing it became clear that I was talking to someone (possibly firewalling) at UK Search.

At this point I politely ended the call,

restating that I had asked to speak directly with someone at Southern Water suggesting I would seek out alternative approach.

 

Attempting to get my ex to undertake exactly what I do will be pretty difficult.

I will do my best though.

 

I will now complete the CPR 31:14 which I am assuming I should fire off to Shulmans.

Copy to Southern Water??

 

Not sure, need advice. 

[dx100uk]

no just shulmans

 

in one of the SW claimform threads here there is I am sure a number to ring.

 

i'll look later. 

[stephenXL]

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

There are no documents mentioned in their POC. Should I simply  delete:

mentioned in your Particulars of Claim:

 

Then? Just list and request copies of all Bills/Invoices, statements of accounts, Calculations of water consumption/sewage disposal. Copies of all written/ recorded comunications undertaken between Southern Water Services Limited conducted or addressed to myself and the co-defendant in this case.

[dx100uk]

just send it as is 

shulman never respond anyway.

[stephenXL]

Okey doke.

 

One other question.

 

Which address do I use?

The address used on the claim form?

 

Then request at the end to send all paperwork to my current address?

 

Or both?

[stephenXL]

I will also be sending a CPR in my ex partners name too. (she has granted permission)

 

[dx100uk]

lost me

are you saying that the claimform is not addressed to you where you live now ?

 

 

[stephenXL]

Yes. I haven't lived at the address on the claimform since effectively 2009/10.

I remain on the council tenancy aggreement of address on claimform due to Family Court Orders granted in 2011. It's complicated I'd guess.  Not much I can say on an open forum to be honest.

 

Form a my previous post:

They wanted to know if I had legal proof that I do not live at claim address.

I do but can't provide such proof without going back to court to grant disclosure.

[dx100uk]

then how did you get the claimform then?
your oh sent it to you.?

 

you MUST update MCOL with your correct address

and always use your correct address on anything sent to any of the players in your claim.

 

the same applies for your OH.

you can send stuff upon her behalf but ofcourse when it comes to signing things like the N180 and your witness statements, she will need to sign hers.

 

[stephenXL]

18 minutes ago, dx100uk said:

then how did you get the claimform then? Got a call from Ex.
your oh sent it to you.? My daughter was able to bring it to me.

 

you MUST update MCOL with your correct address The section on MCOL asks for address if different to claim, so already done

and always use your correct address on anything sent to any of the players in your claim. Understood.

 

the same applies for your OH.

you can send stuff upon her behalf but ofcourse when it comes to signing things like the N180 and your witness statements, she will need to sign hers. Understood.

 

Reponse to your post highlighted in red.

 I used to be good at all this, so thanks for your help.

I'll need some I'm sure

 

StephenXL

[AndyOrch]

Post unapproved.....Stephen what does it state  in bold /red at the top of the CPR 31.14 ?

[stephenXL]

Apologies for failed protocols.

 

Please find the attached.

 

Will I need to provide a postal with each request?

 

CPR proof.docx

[AndyOrch]

Fine...no the CPR request is free.

[stephenXL]

Cool, thanks. I'll get these off right away.

 

One last thing Address on CPR letter to Southern Water but send off to Shulmans?