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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  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]   get him to ring BC ask last payment date tomorrow.    
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stephenXL

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

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


Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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Send it to Shulmans with their address


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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.

 


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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


please don't hit Quote...just type we know what we said earlier..

 

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

 

 

Why ?


We could do with some help from you.

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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:

 

 

 


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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.


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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

 

 


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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.


We could do with some help from you.

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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.

 


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i've copies the text of your docx file above

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

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Sorry, have I screwed up again?

 


Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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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.


please don't hit Quote...just type we know what we said earlier..

 

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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.


Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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you use PDF ..

 

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

 


please don't hit Quote...just type we know what we said earlier..

 

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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


We could do with some help from you.

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6 minutes ago, dx100uk said:

you use PDF ..

 

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

 

PDF? Understood.

GDPR was a general question


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4 minutes ago, 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.


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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.

  • Haha 1

We could do with some help from you.

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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.

 

 


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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

 


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


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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


Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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

  • Thanks 1

We could do with some help from you.

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All done.

Defences sent off.

 

What happens next?

 

Sterling job you guys continue to do.

Many thanks

 

StephenXL


Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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