Re: debt settlement payoff

by Scarlet Tiger Sun Jan 28, 2024 3:36 pm

waylander62 wrote:Letter before action

On x date i received a Letter Before Action from yourselves, giving me 30 days to .......

Request 1

OF: " quote them exactly as the LBA says in respect of stating UK search had discretion "

Ok will do.

a) Please provide evidence that southern water had in fact given UK search full permission to decide whether any offer i made was acceptable, please provide written evidence of this and attach your documents to your response as required pursuant to PD 18 Paragraph 2.3(1) (d).

Yes, Practice Direction rules, excellent thanks!

this is what is meant by a part 18, start with the LBA and move from their i can only produce such questions based upon what you tell us as i have not seen the LBA.

I can upload the LBA document tomorrow if that helps. I will draft again tomorrow, I am away from my paperwork today, probably good to have a bit of a break from all of this, can't thank you enough, will upload tomorrow.

by Scarlet Tiger Mon Jan 29, 2024 1:11 pm

LBA attached, do I draft again for hadaway?

Attachments

: LBA hadaway.jpg You don't have permission to download attachments.(421 Kb) Downloaded 2 times

: 2nd side LBA.jpg You don't have permission to download attachments.(835 Kb) Downloaded 1 times

by Scarlet Tiger Mon Jan 29, 2024 2:57 pm

Hey guys I’ve just received a letter from the court, they have returned my Acknowledgement of service saying it has been returned because
the case has been discontinued!! debt settlement payoff - Page 6 1f600

by waylander62 Mon Jan 29, 2024 6:27 pm

No disrespect to you when i post this but...

before i can say i am happy about this outcome please check the claim number which has been discontinued on the letter from the Court against the claim number on the actual claim form you recently received for account B.

and tell us if they are the same.

by Scarlet Tiger Mon Jan 29, 2024 8:42 pm

Yes waylander they are the same!

by waylander62 Tue Jan 30, 2024 12:06 pm

well that is quite interesting

it makes you wonder why they have discontinued ? because if i remember correctly they cannot issue a further claim for 6 years !

maybe they are looking in on this thread and didn't fancy .
answering questions who knows ?

it will be interesting to see what the next letter you receive says

it is good news anyway.

by Scarlet Tiger Wed Jan 31, 2024 1:58 pm

Thanks guys, one way or another it’s because of the help here that has given this result, I’ve learnt a lot.

Here’s what we’ve been waiting for, the response from the litigation agents, almost funny, if it wasn’t for
the turmoil and time spent on this.

They’ve sent a letter saying they confirm the County Court Claim was issued in error and that it has been
discontinued.

The additional charges have been removed and the balance outstanding as it was.

The client (Southern Water) has rejected my offer for account B.

As shown in evidence inclosed by me, Ward Hadaway has been instructed to inform the courts of account A been settled
( funny as the LBA had nothing to do with account A).

Account B placed on hold for 21 days to allow me time to contact and instate a payment arrangement.

If they don’t hear from me in that time the hold will be removed without no further notice and the
account may escalate to the next legal stage, i.e CCC issued with extra charges.

What a cheek! What do you think? Cool

by flyingfish Wed Jan 31, 2024 2:11 pm

Not quite sure on this. My read is that they should have served an application to discontinue, served to you and to the court. CPR 38.3(1)(a). However if the court confirms it's discontinued then maybe that's good enough.

Regarding raising new proceedings there doesn't seem to be an absolute bar, rather than if they discontinue after you'd served your defence they need permission of the court ..

"38.7
(1) A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if—
(a )they discontinued the claim after the defendant filed a defence or, in a Part 8 claim, filed an acknowledgment of service or written evidence; and
(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim."

by Scarlet Tiger Fri Feb 02, 2024 4:14 pm

So how to go forward?
Make them another offer, say how frustrating and time consuming this has been?
Ask them to prove the debt?

by Scarlet Tiger Sat Feb 03, 2024 6:33 pm

Thanks guys, does anyone have an idea of what the best move to make would be now.

by waylander62 Sat Feb 03, 2024 9:06 pm

still a lot that i don't really know

who said southern water had rejected your offer ? have you had that in writing from them ?

account is on hold By whom ? southern water or solicitors ?

no idea if your offer was reasonable or not.

if it were me ( and i can only go by what i understand ) i would write directly to southern water and ask why they have rejected your offer and also ask them for a complete breakdown of how the sums claimed have become due.

by Scarlet Tiger Mon Feb 05, 2024 2:32 pm

waylander62 wrote:still a lot that i don't really know

who said southern water had rejected your offer ? have you had that in writing from them ?

The litigation agents have said that their client rejected the offer, I need this in writing from southern water

account is on hold By whom ? southern water or solicitors ?

Account is on hold by litigation agents, again I need to confirm with southern water

no idea if your offer was reasonable or not.

my offer was just over 50%, is that reasonable? I met their offer for account A that was 75%.

if it were me ( and i can only go by what i understand ) i would write directly to southern water and ask why they have rejected your offer and also ask them for a complete breakdown of how the sums claimed have become due.

yes this is good, though what will happen is they will take their time to respond, the account will then be active again and the agents will issue another ccc.

Do I now make another offer say 60% and see what happens, I feel worn down especially from the fiasco of the County Court Claim
‘issued in error’, it’s been a circus and I don’t want to waste anymore valuable time.

I really feel they will just keep acting dumb playing me between the client, the agent, the solicitor and even treating the court as baffoons.

It’s difficult for me to understand how they can inform the court of a settled account when the court wasn’t even involved over said account A.

by Scarlet Tiger Wed Feb 07, 2024 9:33 am

Latest draft, comments anyone?

Dear Southern ceo

Ref

I was issued with a County Claim Form in error by ward hadaway through litigation agents uk search on your behalf,
after weeks of correspondence with the above and the court both time consuming and stressfull.

Considering I have been trying to settle all accounts and in fact accepted your offer and paid for account a,
I found it most distressing to then be issued with a ccc in error and then told afterwards that my offer for account b has been rejected.

Could you please tell me why you have rejected my offer of settlement for account b?

Could you provide a complete breakdown of how the sums claimed have become due.

Can I also have comfirmation that my account is on hold and to what date.

Sincerely

S tiger

by **daveiron** Wed Feb 07, 2024 9:52 pm

Maybe ask how they are Going to compensate you for the harassment and stress they caused you by issuing a false claim.

by Scarlet Tiger Thu Feb 08, 2024 9:43 am

daveiron wrote:Maybe ask how they are Going to compensate you for the harassment and stress they caused you by issuing a false claim.

Like it daveiron this is just the sort of thing I wanted to hear, I will add something to that effect, do you think I should write to the litigation agents and even the solicitors to put the pressure on them to, I feel like I’m almost ready to call their bluff and go to court with all of this. Thank you

by Scarlet Tiger Thu Feb 08, 2024 12:39 pm

So looking something like this:

Dear Southern ceo

Ref

I was issued with a County Claim Form in error by ward hadaway through litigation agents uk search on your behalf,
after weeks of correspondence with the above and the court both time consuming and stressfull.

Considering I have been trying to settle all accounts and in fact accepted your offer and paid for account a,
I found it most distressing to then be issued with a ccc in error and then told afterwards that my offer for account b has been rejected.

Could you please tell me why you have rejected my offer of settlement for account b?

Could you provide a complete breakdown of how the sums claimed have become due.

Can I also have confirmation that my account is on hold and to what date.

Would you also please assure me of how you are to compensate me for the harassment and stress caused by issuing a false claim.

Sincerely

S tiger

by Scarlet Tiger Fri Feb 09, 2024 2:40 pm

Southern Water has replied to my previous letter saying

‘We appreciate your offer, however, this has been declined.We did advise UK Search of this, which they failed to relay back to you, in which they then issued the claim. As they did not make you aware the settlement was declined, they have set this claim aside.’

It continues ‘As advised in my previous correspondence sent to you on 11 November 2023, we are unable to accept your offer, as the balance of £—— on your account has been passed to UK Search Litigation. You will need to set up a separate payment plan for this with them… It is important to contact them to set up a plan as this will prevent any further action with High Court Enforcement.’

They say my complaint status is exhausted and the balance now lies with UK Search and that they will not correspond further on this matter.

by **LionsShare** Fri Feb 09, 2024 2:59 pm

Scarlet Tiger afternoon,

please could you make it clear for me, have the water sold your alledged debt? if so whilst there is no contract or agreement for water, the water should re-start at zero.

if not 'UK Search Litigation' are agent then this 'debt' will increase.

stated something about the 'claim' set aside (meaning cancelled) who what did the set aside?

have a look on companies house web site for ' High Court Enforcement Ltd' its possible ' High Court Enforcement' are just another company &; water are just trying to fighten you?

Here is smoething that could work in you favour. As the water have stated they will no longer write back in connection with this matter, why not try a DSAR to water &; ask for evidence as data processed in the name of.... at the address of.... a debt actually exists? If they will no longer write back you have asked for something you are legally entitled to &; they are dutifly bound to do. No reply then no evidence of debt. Yes there is more to this but as usual in my take on things &; experience I will only advise you look in the utilities section to see you really have no debt.

by **daveiron** Fri Feb 09, 2024 10:26 pm

Agree with LS,
https://find-and-update.company-information.service.gov.uk/search?q=HIGH+COURT+ENFORCEMENT+GROUP+LTD

https://hcegroup.co.uk/
As you can see they are just scum preying on others, As far as i am aware they are not purchasers as well,You have no contract with them and no obligation to engage with them.
I would suggest you contact Water co and ask the question,
Its my understanding enforcement by the High Court is only for sums above 100k.

If you have done some research you could try a NoCA

by Scarlet Tiger Sat Feb 10, 2024 11:11 am

Thanks LionsShare!

LionsShare wrote:Scarlet Tiger afternoon,

please could you make it clear for me, have the water sold your alledged debt? if so whilst there is no contract or agreement for water, the water should re-start at zero.

UKSearch have always maintained that they haven’t bought the debt, it might be worth mentioning here that I did use the 3 letter process with two different collection agencies years ago to great effect. This was I think for account A and yet when I sent UK Search the letters I somehow missed sending the 3rd letter (under much pressure at the time) and so went into a payment plan. They were saying they didn’t purchase the debt.

stated something about the 'claim' set aside (meaning cancelled) who what did the set aside?

They are saying UK Search discontinued the ccc.

have a look on companies house web site for ' High Court Enforcement Ltd' its possible ' High Court Enforcement' are just another company &; water are just trying to fighten you?

Yes I immediately thought this when I read ‘ High Court Enforcement ‘, despicable really for a Water company.

Here is smoething that could work in you favour. As the water have stated they will no longer write back in connection with this matter, why not try a DSAR to water &; ask for evidence as data processed in the name of.... at the address of.... a debt actually exists? If they will no longer write back you have asked for something you are legally entitled to &; they are dutifly bound to do. No reply then no evidence of debt.

I sent for a DSAR a little while back, can I look for anything in there.

Yes there is more to this but as usual in my take on things &; experience I will only advise you look in the utilities section to see you really have no debt.

Not sure I understand what you mean here.

by Scarlet Tiger Sat Feb 10, 2024 11:15 am

Thanks daveiron!

daveiron wrote:Agree with LS,
https://find-and-update.company-information.service.gov.uk/search?q=HIGH+COURT+ENFORCEMENT+GROUP+LTD

https://hcegroup.co.uk/
As you can see they are just scum preying on others, As far as i am aware they are not purchasers as well,You have no contract with them and no obligation to engage with them.
I would suggest you contact Water co and ask the question,
Its my understanding enforcement by the High Court is only for sums above 100k.

Thing is UK Search will just issue another ccc won’t they, doubt whether ‘High Court Enforcement LTD’ will come into it as it’s just a frightener.

If you have done some research you could try a NoCA

Sorry what’s a NoCA?

by **daveiron** Sat Feb 10, 2024 11:58 am

NoCA= Notice of conditional acceptance.

UK Search are only debt collectors . personally i would just tell them you are dealing with the claimant only.

by Scarlet Tiger Sat Feb 10, 2024 1:37 pm

daveiron wrote:NoCA= Notice of conditional acceptance.

UK Search are only debt collectors . personally i would just tell them you are dealing with the claimant only.

Do we have a NoCA template for the collectors who say they haven’t purchased the debt or do I simply write saying I will only deal with
the claimant, won’t they just send a ccc anyway?

by **LionsShare** Sat Feb 10, 2024 5:03 pm

Scarlet Tiger afternoon, based on your reply these are my answers as to what you may expect.

as it has been set aside by UK.... then the aledged debt will go up, it has with me.

with DSAR depends on how they respond - if they (water) do, come back & will take a look then.

you have no debt, its self explanitory - its a Trust! follow all the links contained therein too, it will take a good hour to read
https://goodf.forumotion.com/t6055-more-on-tear-off-slips-trusts

by **daveiron** Sat Feb 10, 2024 10:58 pm

We do have a template ,Do not copy /paste they are for guidance only .

by Sponsored content