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

[AndyOrch]

Send it to Shulmans with their address

[stephenXL]

CPR 31:14  x two sent to Shulmans (both co-defendants) They will arrive special delivery tomorrow.

 

Spoke to County Court to confirm that we have until4pm Monday 17th February to file defence. I will file using MCOL, co-defendant will have to be via email.

 

Still attempting to speak with Southern Water to discuss their POC and ask questions regarding their  charges outside time limit etc., (statute barred) just keep re-directing me to UK Search. (Get the impression that this is all being handled from a call-centre  from up north.)

 

Trying to find a number for SW office in Worthing without any success.

 

Will seach on here for Water utility defences

Best way forward please.

 

[dx100uk]

ask to speak to a supervisor, bypass the call centre answerer.

 

sure the details of the litigation dept person you want are in a past sw Shulmans win here already

[AndyOrch]

Quote

Still attempting to speak with Southern Water to discuss their POC and ask questions regarding their  charges outside time limit etc.

 

 

Why ?

[stephenXL]

On 07/02/2020 at 13:21, dx100uk said:

 

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 

 

Just trying to follow advice.  Tried speaking to SW legal team earlier in the week. Just kept being re-directed to UK Search. (they have no reference for the CC claim number, customer number etc..) not sure whether I should be even talking to UK Seach  to be honest.

If I call SW and ask to speak to supervisor (as DX suggested) what do I ask?

On 07/02/2020 at 13:21, dx100uk said:

 

 

 

[AndyOrch]

The matter is now a Court Claim...so ringing whoever is pointless as anything verbally said is of no use to your defence.Anything you wish to state or put the claimant to strict proof is done by way of your defence and statements in support...they have to justify the claim...you have to refute it with reason why not.....follow protocol and only deal with the Solicitor named on the claim form when advised to....in writing.

[stephenXL]

Thanks Andyorch,

I guess the next move will be to prepare and file the defences? Would appreciate help on how to start that process.

 

Just 30 mins ago my daughter dropped off to me, a Letter Before Court Action from Shulmans dated 20/11/2019 addressed to Me and My ex partner. First time I've become aware of of this. (Feel like I'm fighting a fire which is already out of control).

 

Help needed with defence please

 

Thanks

 

StephenXL

 

 

[AndyOrch]

Due to be submitted tomorrow by 4.00pm...if you could do a simple list bullet points as to why you deny this debt and I will try to convey your points into a complient defence.

[stephenXL]

Get a felling you will need more info.

 

Let me know Andyoch please

 

stephenXL

 

My Defence.

·         I have not been Resident at claim address since 2010

·         Therefore, do not consider myself having any liability related to this claim

·         All billing periods prior to January 2014 should be held to be Statute Barred

·         Account billing wrongly assessed due to consumption estimates.

·         Consumption of water and sewerage limited to 1 adult( co-defendant) and 1 child when visiting/ temporarily residing at claim address .

 

Partners defence.

 

·         All billing periods prior to January 2014 should be held to be Statute Barred

·         Account billing wrongly assessed due to consumption estimates.

·         Consumption of water and sewerage limited to 1 adult and my child when visiting/ temporarily residing at claim address.

 

 

Just for information Andyorch

It has to be pointed out that co-defendant (my ex) suffers with chronic mental health issues.

Often receives assistance from paramedics due to panic attacks.

Generally, under of lot of clinical interventions. Has physical disabilities recovery from broken limbs as a result of falling over causing the injuries. Managed to gain council tax relief after GP wrote to City council highlighting her inability to manage financial affairs appropriately.

 

[dx100uk]

i've copies the text of your docx file above

dont use docx all your pers details are in properties tab of it!!

 

 

[stephenXL]

Sorry, have I screwed up again?

 

[dx100uk]

luckily no..

as no-one had downloaded the file before I removed it.

you wouldn't want you pers info here and under GDPR etc etc that govn this site..we have to protect you.

[stephenXL]

Ok. How do I disable that per info feature ?

 

I have just been on the phone to CCBC again for the defence deadline to be comfirmed.

Without my prompt they confirmed 4pm Monday 17th.

 

On the GDPR issue.

Would it be fair to ask if SW are in breach of  holding incorrect information about me?

Who gave it to them?

I'm not on the electoral role at the claim address.

Have'nt been for over a decade.

[dx100uk]

you use PDF ..

 

as for GDPR that's nothing to do with the claim

 

[AndyOrch]

Quote

I have just been on the phone to CCBC again for the defence deadline to be comfirmed.

Without my prompt they confirmed 4pm Monday 17th.

 

 

Why we already know the date and have confirmed a plan of action...tomorrow is the deadline ...33 days from and including the date on the claimform

[stephenXL]

 

On 13/02/2020 at 15:34, dx100uk said:

you use PDF ..

 

as for GDPR that's nothing to do with the claim

 

PDF? Understood.

GDPR was a general question

 

On 13/02/2020 at 15:39, Andyorch said:

 

 

Why we already know the date and have confirmed a plan of action...tomorrow is the deadline ...33 days from and including the date on the claimform

I'm cool with that.

[AndyOrch]

So do us a favour Stephen....no more phone calls to anyone......relax for the rest of the day.....and If I need you you will get an email conformation tomorrow.

[AndyOrch]

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

 

 

#########Defence#########

 

1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.
 

2. Paragraph 2 is noted but not accepted. I defendant 1 with my daughter have not resided at the above property since late 2010.My ex partner defendant 2 does and continues to reside at said address.I remain on the council tenancy agreement due to Family Court Orders granted in 2011.

 

3. Notwithstanding the above I understand that the claimant can only backdate and recover the last six years charges pursuant to the the Limitations Act 1980.

 

4. I am aware of an ongoing dispute that Account billing wrongly assessed due to consumption estimates. Consumption of water and sewerage limited to 1 adult and my child when visiting/ temporarily residing at claim address.

 

5. I would also respectfully bring to the court's attention which Southern Water are aware but failed to follow their code of practice in that my ex partner Defendant 2  suffers with chronic mental health issues.She often receives assistance from paramedics due to panic attacks and is generally, under of lot of clinical interventions. She has physical disabilities recovery from broken limbs as a result of falling over causing the injuries. She managed to obtain council tax relief after GP wrote to City council highlighting her inability to manage financial affairs appropriately and is considered vunerable.

 

6. By reasons of the facts and matters set out above, the  claimants claim is denied.

 

 

[stephenXL]

On 13/02/2020 at 12:44, stephenXL said:

Thanks Andyorch,

I guess the next move will be to prepare and file the defences? Would appreciate help on how to start that process.

 

Just 30 mins ago my daughter dropped off to me, a Letter Before Court Action from Shulmans dated 20/11/2019 addressed to Me and My ex partner. First time I've become aware of of this. (Feel like I'm fighting a fire which is already out of control).

 

Help needed with defence please

 

Thanks

 

StephenXL

 

 

Thanks Andyorch much appreciated. However, I posted this (above) yesterday. Is that in conflict with the statement made in item 1 of the defence you have so kindly put together? Just asking.

 

Thanks

StephenXL

 

[AndyOrch]

Yes edit it and renumber....dont input the particulars thats just for reference.

[stephenXL]

Ok thanks Andyorch.

Will do that.

What should I do regards a defence for my Ex? Post the same text? Or edit to suit?

 

I presume I simply copy and paste the defence (in  my case) onto MCOL.. Hers will have to be sent by the Court PDF forms via email??

 

Nearly there

 

StephenXL

[AndyOrch]

Yes edit to suit...( adapt 2 & 5) and yes email will suffice for defendant 2.

[stephenXL]

All done.

Defences sent off.

 

What happens next?

 

Sterling job you guys continue to do.

Many thanks

 

StephenXL

[dx100uk]

they have 28 days to 'something'

if they dont the case gets autostayed

 

the court should write and inform you about this and ack the defence has been received.

 

now time to read up on the numerous SW/Shulman claimform threads already here so you know what the various processes are going forward if they do!!

 

[stephenXL]

Update:

Court have written 2 days ago to acknowledge receipt of defence (to both of us individually).

 

Just had a call from my ex to say she has received two letters from Shulmans.

1 addressed to her the other to me but sent to her address (despite informing them and the court of my actual address) I shall be collecting it from her shortly.

 

Gist: Shulmans have apparently handed the case back to SW&S who will be persuing the case in their own right soon enough.

 

No response so far to the CPR 31:14's .Both signed for 14th Feb at 6:40am according to PO tracking.