Re: debt settlement payoff

by Scarlet Tiger Fri Jan 19, 2024 3:13 pm

Just realised this claim is for account B, I’m in a mess. They have put in a claim for account B without getting back to me on my offer. What to do now?!

by flyingfish Fri Jan 19, 2024 4:57 pm

OK. So the claim number on the live case is not the same claim number quoted on their settlement letter dated 2nd Jan 2024?

You received a Letter before Action dated 03/11/2024, and on 15th Jan you posted that you'd received a Court claim.

I don't think you mentioned either a previous LBA or the other claim form, did you receive those?

by Scarlet Tiger Fri Jan 19, 2024 5:20 pm

flyingfish wrote:OK. So the claim number on the live case is not the same claim number quoted on their settlement letter dated 2nd Jan 2024? Yes

You received a Letter before Action dated 03/11/2023, and on 15th Jan you posted that you'd received a Court claim. Yes

I don't think you mentioned either a previous LBA or the other claim form, did you receive those?

I see what they’ve done now. The letter before action (03/11/2023) was for account B, I wrongly assumed it was for both accounts because I had been offering full settlement for all accounts.
I then made them another offer for all accounts and they sent me an offer for account A that I accepted and I also made them an offer for account B, as asked, for which they did not respond.
The Claim Form then arrived for account B.
There was no letter before action for account A or a Claim Form even though they quote a claim number for the settled account A.

by waylander62 Fri Jan 19, 2024 6:16 pm

well i'm glad we have now reached where we are with this claim

unfortunately it is not good for you as you have already submitted your defence and evidence which is, to be brutally honest, worthless as it does not relate to their actual claim

the only way forward, and this is only my opinion, is to write directly to the claimant in the first instance and ask them why they did not respond in any way to the offer that you made them, through their agent. enclose any evidence, times dates that you made this offer with your letter.

you have a bit of time as the court will now write to the claimant sending a copy of your defence and ask them if they wish to continue with the claim

by Scarlet Tiger Fri Jan 19, 2024 6:20 pm

Just to be clear, I write to Southern Water rather than the agent, is that correct? Thanks

by waylander62 Fri Jan 19, 2024 6:24 pm

Scarlet Tiger wrote:Just to be clear, I write to Southern Water rather than the agent, is that correct? Thanks

yes i would, their acting agent cannot negotiate therefore should have passed your offer on to southern water and only southern water can agree to accept the offer.

The answer provided by southern water to your letter could also be helpful with the case.

by Scarlet Tiger Fri Jan 19, 2024 6:32 pm

Thanks, would writing to the court explaining my mistake, help?

by waylander62 Fri Jan 19, 2024 6:41 pm

Scarlet Tiger wrote:Thanks, would writing to the court explaining my mistake, help?

it might, the problem is it will be looked at by court staff only at this stage and they will likely tell you that you need to apply to amend your defence, the application may cost you i will take a look at CPR rules on this.

by Scarlet Tiger Fri Jan 19, 2024 6:47 pm

Thank you very much!

by waylander62 Fri Jan 19, 2024 6:55 pm

i think it comes under CPR 17

it may even be worth you ringing the court and asking them what you can do or e mailing them as you will then have a written trail of communication. can't promise you will get anywhere but there are a few helpful people there who may just help you.

dont hold your breath though, my last encounter with them was terrible they were blocking our attempts to get an application for an unless order before a Judge, we had a communication trail and went directly to the court manager, it was quickly resolved

by Scarlet Tiger Mon Jan 22, 2024 11:35 am

I emailed the court and they have sent me another response form attached. I've written to UKSearch and Southern Water explaining the situation and asking them to consider withdrawing the claim and responding to my offer on account B. If I file an acknowledgement of service this will give me an extra 14 days.

by flyingfish Mon Jan 22, 2024 11:50 am

Scarlet Tiger wrote:I emailed the court and they have sent me another response form attached. I've written to UKSearch and Southern Water explaining the situation and asking them to consider withdrawing the claim and responding to my offer on account B. If I file an acknowledgement of service this will give me an extra 14 drays.

If you opt for mediation you can restate your offer. It's tempting to suggest offering a lower figure as they could have saved you a lot of trouble negotiating in the first place. But that may be a bit cheeky.

by Scarlet Tiger Mon Jan 22, 2024 12:00 pm

Thanks, how to I opt for mediation?

by flyingfish Mon Jan 22, 2024 12:16 pm

It's one of the questions on the Directions Questionnaire. This comes after the claimant has seen your defence and confirmed they want to proceed with a defended claim.

by Scarlet Tiger Mon Jan 22, 2024 12:29 pm

On the Acknowledgement of service do I tick 'I intend to defend all of this claim'?

by Scarlet Tiger Mon Jan 22, 2024 12:40 pm

flyingfish wrote:It's one of the questions on the Directions Questionnaire. This comes after the claimant has seen your defence and confirmed they want to proceed with a defended claim.

So I fill in I intend to defend all of the claim and then wait for the opportunity to mediate.
Is it best to write to the solicitors explaining the situation also as I have written to Southern Water, the agent UKSearch and the Court so far?

by Scarlet Tiger Mon Jan 22, 2024 1:00 pm

On second thoughts should I fill in the defence form again (the court sent by email) and if so what is my defence now, is it that I have offered remedy and this has not been responded too? Thank you

by Scarlet Tiger Mon Jan 22, 2024 4:19 pm

I’ve sent off the Acknowledgement of Service with ‘I intend to defend all claim' to gain an extra 14 days to see if Southern Water or their agents reply to my request to withdraw the claim and respond to my offer.
At this point my defence will be that I have attempted to settle all accounts since June 2023 and that my offer, to be passed onto Southern Water for account B, was not responded to.

by waylander62 Mon Jan 22, 2024 5:02 pm

i didn't realise solicitors were involved ?

you could copy all parties in on your request as to why they didn't respond to your offer.

can you evidence this offer was made ? you really need to be able to do that

by Scarlet Tiger Mon Jan 22, 2024 6:11 pm

I say solicitors though I have assumed they were as the letter before action and the claim form is a different company, ward hadaway.
The Letter Before Court Action 03/11/2023 says ’ Southern Water have referred your account to their litigation agents UK Search who have instructed us to consider taking legal action if full payment or suitable repayment arrangements are not received by UKSearch in the next 30 days.
Theirs is the address on the claim form for sending documents and payments.
Yes I have the letter from UkSearch asking me to make an offer for account B and I have my response (offer for account B) photocopied all signed for post.

by waylander62 Mon Jan 22, 2024 9:39 pm

so the claimant is southern water

and in the box below that UK search are in their as the company that you should correspond with

is that right ?

you did as was asked in their letter before action but received no response but they still issued a claim ?

the information coming through is a bit like a jigsaw puzzle being thrown in and we have to make it all fit !! a clear and precise version of events would be so much more helpful here as i would have put in my defence that a letter before action was received and that you adhered to the letter before action as requested, but the claimant and their agent failed to respond

this is an argument to have the claim thrown out for not following pre action protocol

HELP US TO HELP YOU

by Scarlet Tiger Tue Jan 23, 2024 10:36 am

waylander62 wrote:so the claimant is southern water

and in the box below that UK search are in their as the company that you should correspond with

is that right ?

Southern Water is the claimant but Ward Hadaway LLP is the company in the correspondence box.
I must write to them today because I haven’t, I sent correspondence to UKSearch and Southern Water.

In the Letter Before Action (03/11/2023), from Ward Hadaway, they asked that I get in contact with UKSearch by phone
or email, I wrote to UKSearch with an offer to settle all accounts.

They wrote back 28 Nov 2023 saying they couldn’t accept the offer for both accounts but made me an offer for account A (which I accepted 10 Dec 2023 and paid 22 Dec 2023). They also said to contact them with an offer for account B saying they would refer this offer to Southern Water which I did in the same letter 10 Dec 2023.

I heard nothing back until the claim form came through for account B, 09 Jan 2024.

Do I now write to Ward Hadaway detailing what has happened?

by waylander62 Tue Jan 23, 2024 1:16 pm

yes i think so, they are the acting solicitor ( if they are solicitors ) ,

what i would say is that you need to tell ward hadaway, in no uncertain terms, that you adhered to their pre action letter as was requested by them

tell them also that you had NO reply from either UK search or southern water and were at the time of the issuance of their claim still awaiting a response to your offer.

ask them why they then issued a claim against you where pre action protocol had not been resolved and you were waiting for a reply from their client and/or their clients agent.

as a matter of further interest at the bottom of the front page of the claim form there will be a signature is it an individual who has signed it ? or is it a company that has signed it.

start the letter but don't deem it finished or send it as yet i may wish to add more.

by flyingfish Tue Jan 23, 2024 1:22 pm

waylander62 wrote:yes i think so, they are the acting solicitor ( if they are solicitors )

These people ..
https://www.sra.org.uk/consumers/register/organisation/?sraNumber=817773

by waylander62 Tue Jan 23, 2024 1:26 pm

looks like they are solicitors so should know better,

lets put a good letter together or maybe even a request under part 18 for some answers they won't like what we will be asking.

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