Southern Water Letter before action now claimform

[hessey50]

Letter before action from ward hadaway

 

states southern water ref and uk search ref and amount

no details how amount was arrived at

 

uk search letter says water supply arrears

I am not in their supply area and pay another company

[dx100uk]

scan up the 1st page to pdf please

read upload

 

when as the last time you moved?

 

dx

 

[hessey50]

not moved 20 years had loads of debts but all dealt wit

upload.pdf

[dx100uk]

hit letter of claim follow post 4

 

reason . i have never been a customer of southern water

[hessey50]

Sent off response to letter of claim as per pre action protocols recorded and confirmed receipt asking for details of claim and why this suddenly is raised  covering a period from 2012 to 2023

As expected no response but  today got County Court Claim I thought a response was required to try and avoid court proceedings but this seems to be a Court claim mill solicitor

[dx100uk]

Please complete this.

 

 

 

 

[hessey50]

Name of the Claimant ? Southern Water

sols Ward Hadaway

 

Date of issue – 03 may 23023

 

Particulars of Claim

 

What is the claim for – 

 

1. The Claimants Claim is for unpaid Invoices relating to the supply of water and or sewerage provided to the defendant at xxxxxxxxxx for the period from 1/04/2012 to 31/03/2023

 

2. The claimant is a Statutory water and sewerage undertaker pursuant to the Water Industry Act 1991 with the claim due and payable under s142-144 of the act and the Claimants charges scheme.

 

3. The defendant failed to pay the said sums on the due date  or at all

 

4. The Claimant claims interest pursuant to s819849 of the County Courts Act 1984 at the rate of 8% p.a. on the sum of £3260.29 from the due claims to the date of issue totalling £20.59 and until judgement or sooner payment at £0.71 per day

 

Claimants claim £3260.29

 

What is the total value of the claim? £3565.86
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes responded to requesting details  no response
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no
 

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

When did you enter into the original agreement before or after April 2007 ? No agreement claim starts 2012
 

Do you recall how you entered into the agreement...On line /In branch/By post ?None
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No
 

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. 
 

Did you receive a Default Notice from the original creditor?  No
 

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? As far as aware none paid
 

What was the date of your last payment?  None
 

Was there a dispute with the original creditor that remains unresolved? No

 

claimform.pdf

[dx100uk]

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 on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 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
[BUT you MUST file a defence regardless by day 33 ]
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/

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt] 
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

on  type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

 

read this and the threads within it.

 

 

[hessey50]

Thanks for support I have sent the response acknowledging service electronically and am getting the utility data request ready to send

 

I suspect that having had no reply to my data request in response to the Letter Before Action sent recorded I may get no response to this as well.

 

I may have misread the rules regarding pre court protocols but they would appear to say that a Court Claim can be issued only after 30 days after the Letter Before Action request for data has been responded to?

Once again thanks in my 70's I am not as sharp I was

 

Forgot to ask in the form for seeking info it ask for the agreement not sure what to put as there was no credit agreement as they are claiming through the Water Industry Act 1991 s142-144

[dx100uk]

thats because you are using the WRONG CPR 31.14

use the 2nd one in our guide that says utils debt!!

 

so you've done AOS on MCOL?

 

next up get your defence ready, and yes we will add a line that they jumped the gin and appear to have issued a court claim with 30days of their PAPLOC.

 

dx

[hessey50]

Having a senior moment the link https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ is repeated twice but  dont see a specific utils one it says use it but seems to be same link?

[AndyOrch]

That's because there isn't one...you will have to adapt the standard CPR 31.14 (credit cards/loans) to suit your claim by removing the request for agreement. A CPR 31.14 can and should only be used for documents referred to stated within the particulars of claim. (IE if they don't refer to a certain document you cant really request it.

[hessey50]

 Ok read it wrong then Apart from quoting the legislation the only documents listed are "unpaid Invoices" that does not give much to ask for and help with a defence

[AndyOrch]

Well in all honesty they invariably ever respond to a CPR 31.14 request but as long as you send one (a general request for all documents that the claim relies upon) you can then refer to it within your defence.

 

The CPR practice direction reiterates that all money claims that rely on an agreement or contract must be disclosed at a later stage within the proceedings.

 

So word it cleverly but don't be specific naming documents.

[hessey50]

Struggling a bit to find much to put in for request as by simply ignoreing my notice before action response they are cutting out the pre court protocols cobbled this up

 

"Prior to the issue of proceedings I had responded to your “Letter Before Action” of 08/02/2023 as required under the Pre Action Protocol for Debt Claims as per Civil Procedure Rules1998 (CPR) which was signed for at the required address 11.33 Friday 03 March 2023. This letter was written in order to query, as per your instruction, matters relating to your claim.

 

I requested clarification as to the authority of UK Search to act and if they were the agent or owner of the debt, invoices for supply covering the period any reductions made to comply with the low income and vulnerable policies in force and compliance with the “Paying Fair Guidelines” Despite the requirements of the CPR no response has been received. 

 

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 documents mentioned in your Particulars of Claim being:

 

A copy of all invoices and any associated items for the claimed period including any additional charges billed separately

[dx100uk]

 

make 5a 6 . and just send it as is

 

have you dont AOS on mcol yet?

 

[hessey50]

will do cheers its the implied bit I missed thinking it had to be specific doc mentioned thanks again done the acknow on line

Edited May 10, 2023 by hessey50

[kjun]

From your PDF of the letter of claim it is just about visible that you live in a PO postcode which is a split area with Portsmouth Water providing the fresh water and Southern Water providing the wastewater removal service.