Re: debt settlement payoff

by Scarlet Tiger Mon Jan 15, 2024 4:17 pm

Sorry Lopsum, it must be about 3 years so not statute barred.
What’s the best way to respond to this Claim Form, do I write to the agents giving them a copy
of the proof of payment?
The different case numbers threw me a bit, although it is clearly about the 1st account that I have
settled.

by **Lopsum** Mon Jan 15, 2024 6:14 pm

what does your common sense tell you?

by Scarlet Tiger Mon Jan 15, 2024 6:38 pm

Do I fill out the Defence & Counterclaim form ticking the box 'I paid on the amount admitted on (date)’ and then attach
the proof of payment to the Defence part. What’s throwing me is the Claim no. is different to the one on the Notice of change.

by **Lopsum** Mon Jan 15, 2024 8:48 pm

is that what your common sense tells you to do? I often run things through and allow a gut feeling to develop, then i apply rationality and logic , and if it all feels right i do that.
Its hard to say without seeing the actual form, can you upload it?

by Scarlet Tiger Tue Jan 16, 2024 11:01 am

Thanks Lopsum! The claim numbers I have removed but they are different on both documents.

Attachments

: Claim Form Hadaway 2.jpg You don't have permission to download attachments.(1 Mb) Downloaded 6 times

: Hadaway settlement 2.jpg You don't have permission to download attachments.(638 Kb) Downloaded 4 times

: UKsearch settlement proof 2.jpg You don't have permission to download attachments.(857 Kb) Downloaded 4 times

by **Lopsum** Tue Jan 16, 2024 11:16 am

is this the same case as in your first post? https://goodf.forumotion.com/t3472-claim-form-southern-water

by Scarlet Tiger Tue Jan 16, 2024 11:39 am

Yes, I went onto a payment plan back then.

by **Lopsum** Tue Jan 16, 2024 12:47 pm

so you have already had the help that members have offered for the same thing, i would read through it carefully, and remember to apply your commonsense what ever decisions you make.

by Scarlet Tiger Tue Jan 16, 2024 7:02 pm

Thanks for your support Lopsum. I have decided to write to the court and the debt collector telling them of the error
in sending a claim form on an account already settled enclosing the proof of settlement letters (be they on a different claim number), I have not filled out the claim form, what do you think?

by flyingfish Thu Jan 18, 2024 3:18 pm

Scarlet Tiger wrote:Thanks for your support Lopsum. I have decided to write to the court and the debt collector telling them of the error
in sending a claim form on an account already settled enclosing the proof of settlement letters (be they on a different claim number), I have not filled out the claim form, what do you think?

I think to play safe you should respond to the claim form. By not doing so you are 100% relying on the claimant discontinuing, snd if they don't you could end up with default judgement against you.

At this stage you need to acknowledge service indicating intention to defend. If theres the option select that you're disputing all off the claim. If it progresses the your defence is your evidence that the account was settled. If they're stupid enough to proceed after that you can ask for costs due to their unreasonable behaviour.

Let us know if you need help with any specific options on the form.

by Scarlet Tiger Thu Jan 18, 2024 4:42 pm

Thanks flyingfish, I’ve completed the claim form, there is a part that says tick if you’ve already paid, that I hadn’t seen. Hopefully that’s all
bases covered, I really appreciate the support here as mistakes are easily made through exhaustion and stress. All the best I will post the outcome!

by flyingfish Thu Jan 18, 2024 4:55 pm

In not sure about thst to be honest. You haven't paid the claim, you settled the account before the claim was even raised. For example you're not paying any costs that they've added onto the claim.

by Scarlet Tiger Thu Jan 18, 2024 5:08 pm

Yes this was the confusing part that a different claim number had been sited by solicitors acting for the debt collector when there had only been a letter before court and not a claim form

by flyingfish Thu Jan 18, 2024 5:11 pm

Don't worry if you've already sent it with that option. Is there an option to say you dispute (or intend to defend) the whole claim?

by Scarlet Tiger Thu Jan 18, 2024 5:35 pm

Yes I ticked the ‘I dispute the full amount as shown on the claim form’ and then another box to say I paid the claimant before the claim form was issued

by waylander62 Thu Jan 18, 2024 5:41 pm

Scarlet Tiger wrote:Thanks for your support Lopsum. I have decided to write to the court and the debt collector telling them of the error
in sending a claim form on an account already settled enclosing the proof of settlement letters (be they on a different claim number), I have not filled out the claim form, what do you think?

YOU ABSOLUTELY MUST respond to the claim form, if you dont then they will get judgment by default regardless, you submit a defence which should be quite easy and also attach all evidence to your defence

it must be done within the timescale given on the claim form.

by Scarlet Tiger Thu Jan 18, 2024 5:50 pm

I have responded to the claim form and stated I have evidence of settlement though did not attach this, I did however write a letter and included evidence of the settlement

by waylander62 Thu Jan 18, 2024 6:06 pm

to be honest i have not read through the thread so dont know much about the case but have had a lot of experience dealing with claim forms

the little i have seen of the thread is that there were 2 accounts ?

1 of which was settled ?

what about the other one ?

by Scarlet Tiger Thu Jan 18, 2024 8:01 pm

I was asked to make a final settlement offer on the other account, which I did, the debt company said they would run this past Southern Water, I haven’t heard back, that was 10th December.

by waylander62 Thu Jan 18, 2024 8:21 pm

ok well then you have made an official offer but not heard back but......

this is important are there 2 separate account numbers ?

if yes to keep it simple lets call them accounts A and B.

by flyingfish Thu Jan 18, 2024 9:08 pm

Just to double and triple check, let's call the settled account "A". The claim that they've raised is for A even though there's nothing owing. Does everything match, account number, value, dates etc as set out in their POC? Do all these match A and not match B?

Just wanting to be sure that st they couldn't make a small correction to the claim and direct it to the unsettled account.

by waylander62 Thu Jan 18, 2024 9:30 pm

flyingfish wrote:Just to double and triple check, let's call the settled account "A". The claim that they've raised is for A even though there's nothing owing. Does everything match, account number, value, dates etc as set out in their POC? Do all these match A and not match B?

Just wanting to be sure that st they couldn't make a small correction to the claim and direct it to the unsettled account.

my sentiments entirely

agree we call account A the settled account

so account B: you have made an offer but not heard back from them

now this is VERY IMPORTANT, check the claim form and in particular their particulars of claim, which account number is cited in their particulars of claim ? is it account A or is it account B

by flyingfish Fri Jan 19, 2024 9:04 am

waylander62 wrote:my sentiments entirely
agree we call account A the settled account
so account B: you have made an offer but not heard back from them
now this is VERY IMPORTANT, check the claim form and in particular their particulars of claim, which account number is cited in their particulars of claim ? is it account A or is it account B

Glad you're on this thread. Do you happen to know to what extent the claimant can alter ("correct") the POC? For example if the values, dates and description all match B but the account number is A, would they be able to get away with making that change?

by waylander62 Fri Jan 19, 2024 1:48 pm

@ flyingfish

not 100% sure, but i would expect that the claimant would have to make an application to amend their particulars of claim, this is why i would have preferred the defendant had given us more information before filling in the claim form

we could then have covered all bases with the defence and evidence submitted

having thought about this i would suggest that the OP write directly to the claimant pointing out that an offer was made to their acting agent for account B but they have received no response ( enclose a copy of any letter or the details of the offer made ) and that the OP requires the claimant to provide a response to the offer made.

by waylander62 Fri Jan 19, 2024 1:51 pm

just a reminder that even if this continues as a live claim mediation is always available further down the line which the courts prefer so the OP will still be able to sort it out at that point without suffering a CCJ.

BUT..... the OP must keep everyone fully up to date in the thread.

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