New Claim Southen Water / Direction Questionnaire

[testing123]

Hi,

I have received a claim I am looking for a answer to a couple of question please.

The Claimant is Southen water for unpaid water fees for a property I moved out off around 2014. I was unaware of any outstanding balance until just before Xmas when Southenwater sent a claim for £280 (£471 including Fees & Interest and Court Fees)

The claim was sent to my Ex-partners address, who I split from about four years ago. They have named Me and Her as defendants although I have never had any contact from them and never lived at the address over 200 miles away from where I live. (Although I did live at the address of the claimed monies)

I have defended the claim around three weeks ago. I have today received a Questionnaire form asking about Medication.

What inst clear is has the Claimant confirmed they still want to proceed, or are these forms only sent out once they confirm this?


My second question is I am going to try and enter Mediation, Is it reasonable to accept to pay the original £280 Minus the Court Fees & Interest making a payment of £280 or is this unreasonable?

Regards and thanks for your time.

[CLL1]

1. The directions questionnaire is sent because you filed a defence. Unless the claimant says otherwise, the claim is still proceeding.
2. It's entirely up to the claimant what they will or wont accept, but you're given one hour on a telephone call so start low and negotiate. Personally, I'd say that's possible of being accepted given the costs they will be put to in dealing with a hearing/trial.

[testing123]

Ok thanks ,

I am aware that the claimant had a deadline to response to the court this is In about three days time, unsure if they have responded yet.

If the case goes a far as the courts can the costs for me go up? Will I need to pay the other side's legal fees etc if I lose?

[testing123]

Any one able to help with the above please?

[Amethyst]

If you received the Questionnaire it means the Claimant is proceeding with the claim after having received your defence.

If the case goes to court then yes there are likely to be additional costs. The claimants will have to pay a hearing fee which will be added to the claim, and there may be limited costs for attendance at the hearing ( if you lost ). For a claim of £280 _ court fees this isn't likely to be a great deal of money but could easily double the amount being claimed.

After your DQ has gone back in you will get your mediation appointment ( assuming both sides say Yes to mediation) and at that point you could offer the £280 ( if you feel you are happy it is owed and don't want to continue with the defence ) They may accept to save themselves the hassle of having to deal with the rest of the court process and hearing, but they may also want their costs back that they have paid out ( court fee and solicitors fee ) so insist on the whole sum claimed.

Did they issue only the one claim against you both ? Has your ex partner been involved at all in defending the claim ?

Have you been in contact with the water company to find out where the debt has arisen, to check it was correctly calculated etc ?

What was your defence ?

[testing123]

So this has just turned into a massive cluster, I phoned them and they have said they have received nothing from me.


When my Ex Sent me a message, she text me the login and password. It didn't say anything about me, but the claim is in both our names.

I was told on the phone that they haven't entered a judgement yet and to send a defence. Which I have quickly done again via email.

It appears that they have accepted the defence for her but I don't know where I stand at the moment. This is so stressful.

[Amethyst]

Well on the plus side you have sorted what could have been an issue - good job you checked ! did you enter same defence for you as your ex ?

[testing123]

Well on the plus side you have sorted what could have been an issue - good job you checked ! did you enter same defence for you as your ex ?

Well I am not sure if its sorted, The lady said on the phone that as long as they don't receive a request for Judgement overnight I should be okay.


My defence was based on two points the first - that I didn't live a the alleged property when they claim the money and the second that I have never lived at the address where they sent the documents, including the CCJ notice. Therefore didn't receive anything.


To be honest, if I could call them offer them full amount minus interest and fees I would do it , but just trying to get more time to save the full amount just incase as whatever happens I cannot get a CCJ.