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

[stephenXL]

Ex called CCBC asking to confirm receipt of her original defence dated 14/02/20: Yes.

Also when asked agreed that all contents of the file in this case had been sent to our local court as per N180  and recent N24 etc.

 

Ex is now attempting to speak to someone at local CC to ask why the Judge has requested her defence, given the CCBC say they forwarded everything.

She will ask for local CC email address to resend the original if necessary.

 

The fellow who called her yesterday, called her again this morning.

Said he was from SW&S offering New Start and whatever else is possible.

 

He asked who was giving her her advice CAB or Money Matters?

He got confused when ex stated the matter is in court, pretended not to know.

 

She took his numbers too.

How can I get these to you?

 

Thanks

 

stephenXL

[dx100uk]

urm..post it here

[stephenXL]

OK.

 

Office number: 0800 0270800

Working from home: …...

[dx100uk]

well the 0800 number is def southern water.

 ive removed the mobile as it vould be his own one.

 

 

dx

 

 

 

[stephenXL]

SO:

Yet another call to my ex from the chap at SW&S this morning.

It appears that the Litigation Team at SW&S were(allegedly) unaware of any interventions being undertaken regards New Start.

 

He then went on to explain that Litigation team will not be making any such offers, the matter is in going to court and things will be decided by a Judge. He is confused because the litigation team instructed him to try and make the offer etc,. They now seem to be in denial.

 

Given the issue of the state of health of my ex partner this seems to be yet another failure/lack of understanding of their own Codes Of Practice.

 

Huge round of applause please.

 

stephenXL

 

[stephenXL]

Update:

 

My ex received a text yesterday asking her to " Please contact UK Search on 01246488927 regarding Southern Water (quoting a ref)

 

Called them back at 17:25 Spoke to someone named Sue, who asked if she was going to pay by credit card the outstanding amount of £4k+ today? Answered no.

 

Why did you call this number then? 

Answered: Because of a text message that was sent. (Sue) I will redirect you to our litigation department.

 

Then redirected to someone from litigation called Linda who proceeded to ask "have you submitted your defence and have you(she) had the result?

Answered no.

 

Any advice would be appreciated.

Thanks

stephenXl

[dx100uk]

what result from submitting her defence? and from whom?

 

 

 

dx

 

[stephenXL]

Why is this account back on the desks at UK Search? Who are UK Search for that matter? DCA?

 

Post#50,52,53 show that SW&S Dumped Shulmans and chose to conduct matters themselves.

 

They seem to be freely sharing information using tactics in an attempt to gain an out of court settlement.

Is it possible that sharing this info with a DCA  still, at this stage, using personal contact information, a data breach?

No-one has given authority to share court case info.

 

Thoughts please

 

stephenXL

[dx100uk]

not an issue

 

simple answer is to stop answering the phone .

 

dx

 

[AndyOrch]

Open

[stephenXL]

Hiyya,

Here's the latest update.

 

Southern Water have issued a Notice of Discontinuance against me.

(On the basis that they accept that I have not resided at the account address as laid down in my original defence).

 

They phoned me on Friday to explain that they hadn't received confirmation from of this from me.

Having had it explained, I accepted the fact.

 

However, they are continuing to pursue the case against my ex-partner Theresa. 

Case being heard via telephone tomorrow (Monday) 12.30pm

pointed out that this would likely impact heavily upon her mental health.

( The issue of her mental health was frankly met with little, if any, empathy.)

 

had brief discussion pointing out that no response had been given over the sum of the debt which is Statute Barred. Which after a few moments resulted in approximately £920.00 being removed.

How they arrived at this figure I am not at all sure, even though it is welcomed.

 

By the way.

 

At no time have either of us received any response in regard to CPR31.14 requested by us back in February.

WHY?

 

The discussion evolved and became quite clear that they seeking to get a judgement based upon a regular re-payment deal regardless.

 

This leaves my Theresa somewhat blindfolded as they have all the information at hand.

When I asked if whether Theresa could ask for an adjournment to better prepare, they immediately responded that she would have to pay court costs in the order of £320 to get it.

 

They have agreed that I can be available at the telephone hearing to assist her in asking questions and giving any info we do have at hand, providing Theresa makes a request directly to the judge each time.

 

Its my view that Covid 19 may have circumvented court processes.

 

Any guidance that you could offer would be very welcome

Sorry about the length of post.

Thanks

 

stephenXL

 

[dx100uk]

so she never exchanged witness statements?

CPR is simply a request they don't have to respond

but they must include anything they intent to rely upon in their WS

[stephenXL]

No exchange of witness statements whatsoever from/to any of the parties involved.

 

Earlier posts #55,56,59 61,62, 65,76,80 could be constued as an attempt by SW at mediation I supose, however it was stated by them during these exchanges that no account would be taken regarding Statute Barred sums.

 

Are we to assume that this is now a hearing rather than a mediation process?

 

Thanks

 

stephenXL

[dx100uk]

you mean the court have written regarding tomorrow?  , or this is simply the mediation service tomorrow

if it's the mediation service,

the same N180 questions are asked again..

...simply state i do not have enough information to make an informed decision upon mediation.

mediation will fail as it should

 

[stephenXL]

After originally setting a hearing date of 12/Aug/2020, which was set within a timeframe where Theresa had expressed on her N120 her unavailability to attend, the case was then re-scheduled for tomorrow.

 

The court sent that out months ago.

Received nothing else since then.

It was SW that contacted us both on Friday to say they were going ahead with the matter.

 

Not sure why Court doesn't confirm matters.

 

Thanks

 

stephenXL

[dx100uk]

sorry yes mediation was months ago.

so she already did and exchanged witness statements with SSW/court prior to aug 2020?

 

[stephenXL]

NO.

No witness statements have been exchanged-- period.

AOC, Defence, Allocation and other legal documents but no Witness statements.

 

N24 also orders that

1. The claimant is ordered to arrange the remote hearing

3. The telephone hearing must be arranged through BT-Connect or other court- approved provider.

 

Going on to say: This is a telephone hearing and it is responsibility of the legal representative for the Claimant to arrange this, with a telecommunications provider from the approved panel of service providers. It then lists 4 such providers.

 

Which flys in the face of what the head of litigation said to me on Friday: quote: Please make sure that Theresa answers the phone when the court calls.

 

Thanks

 

stephenXL

[dx100uk]

typical also states exchange of documents by 14 days prior.

[stephenXL]

So, what can she do?

It seems that correct procedures
have not been followed.

Thanks

stephenXL

 

[dx100uk]

can you scan up the n24? and the subsequent letter/email of its deferral @12:30

pdf only please

[stephenXL]

You will have these very shortly.

 

Thanks

 

stephenXL

[stephenXL]

Here they are.

 

Not sure wether you will need to rotate them.

The re-allocation was written over an original copy, court did not even change the date (top of doc)

 

ammended n24.pdf

[dx100uk]

a case management hearing...

if you hark back to the original N24

 

it says docs must be exchanged by 2pm 2 days before hearing...

N24.pdf

[stephenXL]

30 mins ago got a phone call from the Court postponing the hearing for today due to listing error.

Declined the offer to re-list for tomorrow 2.30pm due to other commitments.

 

Court will re-allocate for a date in the near future.

 

Thanks

 

stephenXL

[dx100uk]

i'm pretty sure it will help if you get a skeleton argument prepared and in now.