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      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Southern Water/ Shulmans claimform - water and sewerage charges ...


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  See what happens when you submit a defence.:cool:

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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.

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

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

Updates:

 

Court wrote to us seperately to acknowledege receipt of defence. Dated 14th Feb.

 

Letters sent by Shulmans to both of us seperately( but addressed to my exs address  as pointed out on post #52) Dated 18th Feb.

I now have my copy.

            

Inclusions: Letter from Shulmans which seems to me to be somewhat ambiguous. ( I can redact and scan this and  forward it to you if needed)

                                

N434. Notice of change of legal representative. Dated 18th Feb.                        

 

Copy of email: Send to  County Court, CCBC, from Shulmans

Stating that their client has asked to proceed as a Defended matter.    

They should like to deal with the Defence directly.

With this in mind we have attached a copy of the Notice of Change to ensure they do now have conduct of the matter.

 

Subsequent to these:

We have both received letters individually, addressed correctly, from Southern Water. Dated 21st Feb.

These letters vary from each other, effectively putting different demands upon each of us. 

 

1) From me:

they are demanding proof of addresses and proof of when I stopped occupancy at the claim address prefaced by this:

" I note that you have provided a different address from that of the claim, despite stating you are still on the tenancy agreement at the supply address and have not resided there since 2010."            

 

A couple of the addresses that would clarify the "non occupancy" from 2009 through to 2010/11"(Final Family Court hearing), were designated "safe houses" for providing safe accommodation, under court orders, for my daughter and me.

 

2) This is the whole text of the letter sent to my ex. 

I am in receipt of your letter in response to a claim against yourself and Mr XXXXXXXX.

After reviewing the account in respect of your current situation, I have requested attendance of a member of our Affordability Team, to your home address, to see if there are any schemes that may be applicable to your needs.

 

I would hope that you receive commiunication over the next week or so and a suitable date and time of his visit can be agreed.

I will be writing to Mr XXXXXXXXseparately on a diferent matter.

Signed by their Litigation executive.

------------------------------------------------------------------------------------------------------

 

In all this there has been no mention of receipt etc., of the CPR 31:14 requests.

No acknowledgement of any statute barred re-assessment of amounts claimed.

 

Would  I be wrong in guessing that unless they formally "drop" the case, they ought not to be asking these questions?

These matters are for the courts to decide?

 

Also, having been duly notified of the state of my ex's mental health issues (within both defences).

Is it appropriate for them to make a home visit conducted by a male  (quote: date and time of his  visit) to confront financial matters with someone, a vulnerable female, clearly stated as having ongoing chronic mental health issues.

 

Evidenced if necessary with documents to the effect "severe impairment, and social functioning (however caused)which appears to be permanent" signed by her GP?

 

Apologies if this appears to come across as a rant. I just get a sense that they are getting a bit slippery.

 

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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so just a simple change of legal rep form...we've seen this in some of the other Shulman court cases, in essence as concluded before, it's getting pretty apparent that the claimant had no idea Shulmans were raising court claims on their behalf and have gotten pretty annoyed with them and have dumped them.

 

as for the home visit, that will be regard to this water Aid scheme or whatever they call it now, that they've used to help reduce or even kill dead any outstanding balance left after they remove all the bills that are either statute barred or not enforceable against a defendant.

 

the visit can be refused , you'll get a letter first to advise date/time, simply refuse it. I believe they also charge for the visit so make sure that's not added either. but there is no harm in ringing? and sorting it out on the phone as others have. all you'd need is you ex's permission if she doesn't want to go through it.

 

think that's it..

i'm sure andyorch will pop up if not.

 

but all the above we have seen several times here on the Shulman cases already.

the claimant usually now drop's the court claim or let it get autostayed, so that resolves that one too.

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Update:

Two days ago, ex contacted by mobile phone from a guy from SW's Affordability and Vunerability team.

 

Thankfully my ex took notes of the some of the details.

 

1)Apparently:

No reductions can be backdated from before September 2019 due to a interview conducted by someone from ORBIT who took down some of her financial details.

 

Having stated that he represented Southern Water in response to an outstanding debt.

 

Entry was refused, due to anxiety, interview carried out in the corridor of the flats.

  Q: Who are ORBIT?

 

2) Moving fwd:

Two bedded flat under single occupancy (once all proof is established) would qualify ex for 20% with a further 25% off future billing reducing the annual bill from £465 to £251 approximately, under the New Start scheme.

 

However, £5 per month would then be added each month towards paying off the oustanding debt of £3698.00.

Not a mention of the amount that is Satute Barred, in fact he took the yearly bill £465. and multiplyed it back over the time frame on the claim.

 

He again made the point that the single occupancy issue could/would not be backdated. (All this related over the phone)..

 

3) Luckily ex has not agreed to anything.

I asked what the guy was like over the phone, she says suspiciously charming.

She was asked to text him back if she wished to comply with the offer.

She has not done that.

Seeking your advice first.

 

In light of other update from the CCBC.

They have sent N149A Notice of Proposed Allocation to the Small Claims Track, along with form N180 Directions Questionaire, along with a further enclosure EX730 Mediation advisory.All sent out on the 21st February received 25th Feb.

 

Unless we get the Staute barred section and a good reason for not backdating the single occupancy - mediation offer runs out like a "take it or leave it start position".

 

Where to go from here?

 

Thanks for the help.

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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orbit are another name for payplan debt advisors.

supposed to be free

but I bet she got charged for the visit on her bill.

 

yes to mediation

1 wit you

3 copies

 

don't forget you each need to do the N180.

and each need to send a copy to the court and the claimant sols or the claimant if they don't appoint a new lot

 

your issues can be drummed out in the mediation session.

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have seen to the N180's. They will be sent out well within the timeframe, probably Friday afternoon. My ex just needs to sign hers first.

 

Thanks for all the help.....as always.

 

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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My Ex came on the phone yesterday, completely stressed out, very upset.

 

She had just received a bill demanding that the whole amount (over £4000 with latest bill added) needs to be paid immediately. Which frankly is not very helpful, and again shows that SW have taken no action whatsoever to acknowledge her mental health and vulnerabilities. Let alone flagged up the litigation. Spent ages trying to reassure her.

My guess is that it was automatically generated.

 

we can formalise a complaint to stop any further direct communication from SW outside of the Court/Mediation process?

 

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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I wouldn't think so, no.

  • Thanks 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Latest update:

 

My ex has become very anxious about an email received from scmreferals@justice blah blah. Sent on the 11th March

 

Arranging a mediation appointment between Southern Water Services and Herself for the 1st April.

 

less than a few minutes later another email arrived saying this

scmreferrals would like to recall the message, "Mediation Appointment Offer (PM) - Claim Number:XXXXXXXX

 

She is now feeling somewhat paranoid that if she does not respond to the first email she could lose out.

 

Your thoughts please

 

 

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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mediation is simply a process whereby if both parties agree, the differences they have maybe mutually settled .

it doesn't have any bearing upon what might happen should the claim proceed to court. that is unless the claim is settled at mediation.

but if the claimant wont remove what should not be in the claim sum (the statute bared stuff) and agree a suitable repayment schedule for the rest with BOTH OF YOU, then mediation will fail anyway.

 

so do you agree that if the SB stuff is removed, the rest IS owed?

 

 

 

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I suppose my ex wants to understand why they seem to have immediately withdrawn the offer of mediation appointment altogether.

 

The other points are:

No response whatsoever to CPR31:14 requests. (What are the timeframes?)

Flat refusal to offer to backdate any single occupancy calculations.

They have known for a long time about her health issues too.

Only when those issues/recalculations are resolved would there be acknowlegement that the rest is owed.

As for myself: I don't feel I owe them anything.

That's most likely some distorted thinking on my behalf.

Which is why I need your advice.

 

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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unless you put a timeframe there isn't one for cpr and anyway it's only a request . not compulsory.

but they will have to disclose everything if this ever gets to the allocations stage and witness statement exchange so don't worry.

 

as for mediation, the email/ retraction means nothing and has no bearing upon the case.

mediation is a sep service from the court.

 

 

 

 

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok thanks.

Small update.

 

Local postman dropped this through my door about 20minutes ago.

Form N271 Notice of transfer of proceedings. (To our local County Court)

Mediation Team unable to arrange mediation at this time.

This claim has been transferred CC Hearing Centre blah blah for allocation

 

Now have to await the Judges directions.

 

Any traps we could fall into here?

 

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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no should all to your favour now.

 

plenty of other shulman threads here to read use our search top right

 

 

 

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

Very recently received, both myself and Ex partner, form N24 General Form of Judgement or Order.

 

We are a little confused:

(there are 2 Defendants in this case)

The N24 states:

Before Judge XXXXXX sitting at CC in ...............

 

IT IS ORDERED THAT

1. Defendant, Txxxxxx Mxxxxxxxxxx(my ex partner), to file with the court a complete copy of her defence by 29.6.20.

                     No mention of me having to file a defence.

2. List for preliminary hearing first open date............................

 

Also included in same envelopes was: Form 24 Notice of PTR/Adjnd/.............

TAKE NOTICE that the hearing will take place on

12th August 2020 at morning AM

 

The question is this:

Does my ex use her original defence or draft another?  She has struggled for almost 14 weeks with Covid lockdown, so she's very anxious. Either way, she has a problem. She has never been able to log on to MCOL with this case, it has all been done by email using PDF's.

 

You thoughts and guidance would be much appreciated.

 

Thanks

Stephen XL

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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she should have received ack from the court her defence was received..did she??

if not ring the court and ask..

 

is there no date to exchange witness statements by

or for the claimant to pay the hearing fee?
 

 

 

On 20/02/2020 at 13:06, stephenXL said:

Update:

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

 

she did..

 

p'haps it might be better if you scan these N24's please

 

dx

 

 

could it poss be that the pdffile she sent was not complete

that would explain the 'missing' parts..i suspect this might be the case.

check her sent folder, and click on the attached pdf of her defence, check all the text/pages are there.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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All of defence PDF was sent complete.

They acknowledged receipt of email. 14/02/20

But did not actually state they had dealt with it beyond that.

 

To my ex the acknowedge of email may have misled her. Not sure.

I will ask her to attempt to call the court in the morning.

If necessary she can resend it I suppose.

 

Thanks

 

Having just spoken to her, she tells me that she was called this morning by someone allegedly from Southern Water, in an attempt to persuade her to settle matters at affordable monthly payments. Told him she was busy and couldn't talk. He is phoning her again tomorrow morning.

 

Surely they are trying it on a bit??

 

Stephen XL

N24.pdf

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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unredacted pictures to screen redacted and converted to pdf..again….

please stop putting up documents that can damage your and our anon..ness and gdpr laws on data protection.

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok all a lot clearer now

and no she should not be conversing on the phone

I suspect that was shulmans trying to get themselves out of the poo with southern water

in most cases here you'll find SW had no idea Shulmans even started a court claim.

 

get her to look at her phone and get the number that called her and post it here please.

 

she should email the court a repeat copy of her initial defence  … it is what we told her to file I assume?

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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just to recap,,,you were advised to change 2&5 of your defence for you ex..

can we see what was filed please...

as I suspect you didn't actually answer all the claimants POC points.

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Redacted filed defence.

I had amended paras 2 & 5 as sugested.

 

Stephen XL

 

EXs defence.pdf

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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:frusty::frusty:  opps well no wonder the judge wants a proper defence.

 

you've not even bothered to make it sound like its coming from her.

 

it's obvious by the defendant number and the I the defendant and ref to ex and daughter ....you've written it.

 

so you need to change it around so its her that sent it.

 

jpg file posted directly to screen (so anyone can see it) converted to pdf so only registered cag members can download it.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Sorry, some confusion in all this, my mistake.

Post#73 is my defence.

 

This is her defence redacted and scanned.

 

EXs defence.pdf

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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