Water co

by Sharpysparky Mon Feb 22, 2021 1:26 pm

Hi all, Waylander has been helping me and has suggested that I put some thing on here to see if they can help me with a defence against essex and suffolk water, they have refused many times to accept the endorsed joint giro and have finally after approx 3-4 years applied to the Northampton bulk centre, I have done as suggested by waylander to acknowledge the claim but I need help in the best way to word my defence, there are two things wrong with the claim form so thats my preliminary stuff sorted, waylander has said numerous time that it has to worded correctly and I fear if I just start typing out my defence it could backfire any and all help would be welcomed with open arms and appreciation
Keep well everyone
SS

by **LionsShare** Mon Feb 22, 2021 1:36 pm

OK after you state your preliminary stuff sorted, what else are you looking for? I'm not sure what it is you want?

LS

by Sharpysparky Mon Feb 22, 2021 1:43 pm

Hi Ls waylander cant stress enough how important the wording has to be for a good defence, I can use the affidavit that you sent but I feel that because it has taken them like 3-4 years to take me to court I need to incorporate this to show the judge that they have dragged their heals for so long
SS

by **LionsShare** Mon Feb 22, 2021 1:48 pm

OK give me some time to think

by Sharpysparky Mon Feb 22, 2021 1:58 pm

My bad! In my first post on this I had not mentioned LS has also been helping as far as he could but did state Waylander had better experience in the courts
SORRY LS
SS

by Sharpysparky Sat Feb 27, 2021 5:23 pm

So I have received this today, my first thought is well who is ‘he’ they must mean the legal representative that DID NOT sign the claim form!
My second thought is they (the water co) have said in previous letters that no further dialogue will be entered into as the stance that I am taking cannot be agreed upon, so how is going to help the ‘dispute’
SS

by **LionsShare** Sat Feb 27, 2021 6:50 pm

Evening SS, I have had this sort of response when I had my speed ticket last, THEY will not sign anything but, others here may be able to help regarding this 'not signing', no one wants to take responsibility for any action brought under a legal dead entity.

'He' not too sure of who/what 'he' is but you can be assured of that in the last paragraph.

The 'dispute' is totally THIER's not yours as you have remained in honour by endorsing those cheques, its only where there is dispute there is controversy (monies to be gotten!). If water Co will not enter dialogue then as you have tried to settle the 'matter' at hand then I would say (IMO) that's it game over, again you have tried all you can so where is the 'dispute' water Co? Prove it.

If water Co cannot agree on your stance then what is THEIR problem? THEY are bringing an accusation of.... so again let THEM prove it.

Sorry SS cannot do any better I really am out of 'ammo' here, depending on what you have stated in your defence it really should be up to the water Co to prove....? If T.H.E.Y. do nothing, that's it, nothing to do, you should be 'free' & game over!

LS

by **daveiron** Sat Feb 27, 2021 7:13 pm

Try a look at this ,inparticular about 1:16:00 in

by **LionsShare** Sat Feb 27, 2021 7:31 pm

yes of course 'where is the default' on this BOE? Something I had never thought about.

the last 2 mins some very good basic statements.

by Sharpysparky Sat Feb 27, 2021 8:22 pm

Thanks LS and DI, I have subscribed to OD’s YT channel and there is some very useful info on there, (how to use it and in what order is a different story lol)

One other thing, on two separate letter I have received from them one quotes section 143 (1) c of the water industry act 1991.
The other quotes section 144( but no sub sections) of the water industry act 1991 and also section 142 (4) of the water industry act ( but not no year)
Now I am more interested in the water industry act 1999 which I found yesterday namely section 3 (2a) and the water industry act 1999 schedule 4A 1 (2)(a)
Very interesting as I am an inhabitant of a dwelling NOT occupier, citizen, tenant, resident or person

I hope I am reding these acts in my favour lol
Be lucky guys and thanks again

SS

by **LionsShare** Sat Feb 27, 2021 9:53 pm

Sharpysparky wrote:Very interesting as I am an inhabitant of a dwelling NOT occupier, citizen, tenant, resident or person

Becareful, dwelling please look up lgfa1992 sect3 sub 2b: https://www.legislation.gov.uk/ukpga/1992/14/section/3

'is not for the time being shown or required to be shown in a local or a central non-domestic rating list in force at that time; and'

think what is non domestic? Commercial?

ratings list or rates what type of building to they pertain to? Commercial?

SS its just an idea, if you state to water you are in a dwelling the people at water Co just might think you are in a Commercial building, becareful SS.

LS

by **LionsShare** Sat Feb 27, 2021 9:55 pm

SS let them quote what they want regarding water act 1991 because they probably ARE allowed to collect revenues for supply? Its more over who/what is going to take the fall - fulfill the obligation! Very Happy

by Sharpysparky Sat Mar 13, 2021 12:46 pm

by Sharpysparky Sat Mar 13, 2021 12:47 pm

by Sharpysparky Sat Mar 13, 2021 12:48 pm

by Sharpysparky Sat Mar 13, 2021 12:49 pm

by Sharpysparky Sat Mar 13, 2021 12:50 pm

by Sharpysparky Sat Mar 13, 2021 12:55 pm

So this has just been received from the ba****ds
The small claims for has not been signed but is typed, is this normal? They did not ask me if I wanted mediation but have assumed/presumed, also the have used the word dispute which we all know is what gets it into court, I must have made a balls up somewhere and have no one else to blame but if I can get remedy somehow it will be a miracle lol

by **LionsShare** Sat Mar 13, 2021 12:55 pm

SS hi, looks like you have done it correctly regarding honorable discharge.

There is nothing to add from me as the 'legal' side of things is outside of my experience.

Depending on what you stated in your statement of truth that should stand. I do NOT see any evidence from water Co of an outstanding debt.

Form the 'legal' side what does anyone think?

LS

by **LionsShare** Sat Mar 13, 2021 12:59 pm

I will be expecting something along similar lines as I have tried to settle via the Record of the Parties & so far nothing has come forth.

Its obvious now they are so desperate they will try say anything to get 1 over.

by **LionsShare** Sat Mar 13, 2021 1:02 pm

SS did THEY send evidence of their claim or is it just statement(s) 'a debt is owed'?

by Sharpysparky Sat Mar 13, 2021 1:05 pm

Just reminder letters that I owe them LS

by **LionsShare** Sat Mar 13, 2021 2:07 pm

SS the only thing I can say is there is NO claim, where's the evidence? Try to push that side as much as you can. Also watch this you might get a few gems:

https://www.youtube.com/watch?v=rlgGQfMT1ms

LS

by **LionsShare** Sat Mar 13, 2021 2:12 pm

https://famguardian.org/publications/bouviermaximsoflaw/bouviersmaxims.htm

Actore non probante reus absolvitur. When the plaintiff does not prove his case, the defendant is absolved.

by **LionsShare** Sat Mar 13, 2021 2:29 pm

SS, could you use this?

https://famguardian.org/taxfreedom/legalref/MaximsOfLaw.htm

Fictions

A fiction is a rule of law that assumes something which is or may be false as true.
Where truth is, fiction of law does not exist.
There is no fiction without law.
Fictions arise from the law, and not law from fictions
Fiction is against the truth, but it is to have truth.
In a fiction of law, equity always subsists.
A fiction of law injures no one.
Fiction of law is wrongful is it works loss or injury to any one.

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