Claim Form Southern Water

Hi everyone, I'm new to the community, was part of GOODF years ago and thank goodness for it.
I've been sent a Claim Form from Southern Water after many years of keeping the debt collectors at bay.
Shulmans is the debt collector. I sent them the 3 letters years ago. Recently I sent them 2 of the letters
though did not follow through with the third letter.
I got a before court letter and didn't follow through (silly me), thought it was BS as there wasn't a name or signature.
The debt is for £2500, a lot for me to pay.
If anyone can help me with of what to do, I would be very grateful.
Is it worth going to court?
The issue date was the 7 May 2019
Please ask me for any information that would be helpful.

Many thanks!!

Evening, I am not really in a pposition to help with court claim forms, others here can help but something to consider (what you do though is up to you) is to contact the water Co direct & ask for a bill to the face value of £2500, & then possibly pay by endorsement – that is paying it off in 1 go without paying extra cash out of your bank account.

In doing things this way, in commerce you are remedying the situation to get rid of the alleged debt. Please find in the forums details of how to do this or look on youtube there is even more help there.

try these to start, there is a lot of reading to do.

https://goodf.forumotion.com/t2639-essex-suffolk-water

https://goodf.forumotion.com/t1852-paying-a-joint-giro-slip

Thanks for your reply!

I did the A4V years ago though they sent it back if I remember.
Now the debt has accumulated interest.
Hadn't heard of pay by endorsement, will read up!

this is NOT about A4V!

please note this is important!

First night waking up tight pit in my stomach,in a cold sweat at 3 in the morning. I'd forgotten what debt does.

Not A4V got that. The pay by endorsement at the moment just appears too much for me, I'm not
saying I won't be able to get my head round it but would appreciate advice on other options too.

[sic]
First night waking up tight pit in my stomach,in a cold sweat at 3 in the morning.
THAT is part of the programming, let us get past that B.S

Something to remember.
CONTRACT MAKES THE LAW
NO-contract=NO obligation to pay

also, bare this in mind, every demand for monies, is an offer, which can
be countered.
ie.Southern Water...you pay us.x amount.
you reply, yes providing I have the contractual obligation.
the above is a very short example of a CONDITIONAL ACCEPTANCE.

Although speaking from my own experience, if I had the same issue now, rather than several years ago,I would just ignore/return the threatogrammes
stick up the removal of any implied right of access, and forget about
these idiots.
ps.just like T.V.L...I Still recieve their b.s. letters,sometimes-to the name, sometimes to the occupier.

Thanks for the reply.

Have sent them two of the 3 letter process a while ago and didn't follow up with the third letter.
Would sending them the third letter be any good at this stage, given I have been the the County Court Business Centre
Claim Form?

If I ignore won't the Court baliffs be round?

Yeah I get that it's the programming but still happens, breathing it through helps!

Best not to ignore, it makes it easy for them ,they just win by default.

Just be aware they cannot force entry its a civil debt. At the worst case they could only put a charge on your property or an attachment of earnings ,that is all. So dont give up ,take all the above advice on board.
Additionally you should request answers to such things as.
1. Is water a God given right, provided to us by God for the use of us all ?
2. As water is a natural resource given by God .Where did you get the consent from every living man / woman
to claim ownership of this natural resource ?
3. As you do not have the consent or indeed the right of ownership over our water you must by any definition
be guilty of theft from all the men / women who are the rightful owners ,all because of your corporate greed.

Thanks so I don't ignore and short of paying in installments which really wouldn't be good, I'm not sure what to do.

Do I make a counterclaim or admit part of the claim, or ask for time.
Do I use there form to reply or not?
They claim a certain amount of interest everyday £0.52 daily

Is this a letter before action or an actual claim form from the County Court ?

If its a letter before action . Respond with a letter requesting documentation of the points posted by
myself and others. Send by recorded mail.
You can always post a draft here and maybe we can add a few pointers .

DO NOT POST ANYTHING THAT COULD IDENTIFY YOU.

It's an actual claim form from the County Court

Its your choice ,if you wish to defend, fill in the acknowledgement of service & you wish to defend.Make sure it arrives before the due date,so post it 2-3 days before hand.
Also get your request for documents drawn up & sent. Give them 10 days to respond.

Any idea what the sucess rate is like when it gets this far, what generally happens.

No idea, not done it with water as its included in my rent.
You can at any time up to court hearing offer to make instalments ,& even if you lose they cannot
make you pay any more than you can afford and that is if they take it that far.

You have enough time so ask the questions of them. Here is another one .'You claim you have supplied me with water.
Water is H2O nothing more. Is it correct that what you supply is not H2O but a cocktail of chemicals mixed with H20 ?

Hi,

as daveiron states, get in touch with ??? at every stage, keep contacting them & try to get a result

Remember these forums are here to HELP! Ask questions - most here will help & you should get answers.

Good luck I hope all goes well what ever you choose.

LS

Hi thanks for your support everyone.
I will keep on asking questions of you if that is ok.
Is the request for documents the CPR 18 Request for information?

Just realised the Court is 129 miles from where I am.
If contesting this would I have to physically appear in court?
Is it worth going through the request for documents route and if it looks like
going to court I could then offer instalments?

Hi, Its from Northampton Bulk Center ,its not even a real court .Just tell them you require it to be held
at your local court, thats usual practice.
Local court hearings only consist of yourself a judge & a representative from the claimant,thats it.
My experience is there is no stress at these hearings.

CPR 18 yes . Address your questions under cpr 18. . Copy of agreement / contract etc.

Is there a template letter and is it the debt collector I address it to?

Address it to whoever is the claimant.
You require - a true copy of any agreement or contract between Southern Water and yourself and also any
documents in support of their claim.

Southern Water is the claimant but the address for sending documents/ payments box is the debt collector Shulmans. Do I send them both a copy?

My worries are any fees involved for forms.
Also what to put in the defence box of the Claim form and whether I make a counterclaim
or not and if there is a cost.

Ok ,send to both. The only costs could be if you lost ,I dont think they would be a lot.
Your defence is you have no contract with them.
No fees unless you make a counter claim, but counter claim for what ?

Would this be the template letter for the CPR18?
So I fill in the original creditor as Southern Water and the alleged amount owed?
Do I put Non Negotiable at the top and also their name address and mine as in the 3 letter process?



Notice in writing.

Date xxxx

Dear Sirs,

Re: (Claimants name) v (Your name) Case no:

CPR 18 Preliminary Request for further information / clarification.

On the (date), I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the Court in which I indicate my intention to contest your entire claim.

Prior to the issue of proceedings I had delivered Three (3) requests for the production of the Agreement referred to in the Particulars of Claim,and on which you intend to rely. Those requests have not been complied with.

Please treat this Notice in Writing as my Preliminary Request for further information made under CPR Part 18 for the following,including any documentation mentioned within the particulars of Claim,for which I request the production of a verified and legible copy.Please accept this request by way of service upon you:

1.  The agreement,including the specific Terms at the point the alleged Agreement was made and any subsequent changes.You will appreciate by reason of the provisions of CPR 39.a(3.3) requires ,The originals of the documents contained in the trial bundle,together with copies of any other Court Orders should be available at the trial. Further that any general conditions incorporated in the agreement should also be attached.

2.  The Deed of Assignment.
3.  All Notices of Assignment
4.  The Default warning letter.
5.  The default Notice
6.  The Termination Notice.
7.  A signed statement by a named man / woman from (the original creditor ) that this agreement / note/account has never been sold or traded in any way and the claimant holds full title to the agreement.
8.  A signed statement by a named man / woman from the (OC) that no insurance claim has been or will be made in respect of this agreement /note/ account.
9.  I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £ xxx.xx and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.
10.  Also,I would request under Civil Procedure Rule 39 pd 39a (3.3) the originals of any documents upon which you, the claimant intends to rely,are brought to any subsequent hearing for examination.

You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 14 days of receiving this notice. failure to produce the information requested will result in an Application to the Court to order the information be provided.

If you are unable to comply with this request,I will make an application to the court for an order that the proceedings be struck out for non-compliance and a summary costs order.

yours faithfully.