Claim form From Southern Water statute barred date.

[GetMeDebtFreePlease]

I've received claim forms dated 4th March from Southern waters.

Particulars of clam

Stat water... Claimant claims sum of £1666.17 for u paid water and/or charges. Claim is for property *... . * for the period of 15/06/2009 to 30/06/2016.

Also interest of £355.90 for period 30/06/2016 - 01/03/2019.


I did live in said property but from sept 2008-march 2015. So for more than a year of it I was not the tenant at the property I lived with family and unfortunately also was imprisoned from may until Oct 2015.

So I'd like to obviously dispute the debts I was not resident for.

Also I believe that this debt is statute barred or atleatss a great deal of it from 2009-2013?

The entire time I lived at that property I never paid water rates.

I never set up any payment plan and have never accepted this debt nor acknowledged it.

I moved into my current flat in. 2017 and married in 2018. Once my name had changed I set up an account to pay current water rates so from Oct 2018.

These claims are in my maiden name, and for many years due to living at multiple address I've not had letter regarding this debt.

I need advice on how to dispute/defend this. Do I just go for statute barred and hope it includes the debt in its entirety, or do I go part statute barred, part not resident and then ask them to provide details of debt they're legal to enforce (March 2013-march 2015)

Help please?

Also should I calm them and ask them. To prove this isn't statue barred or that I've received any notice of this court action etc?

Many thanks

[BakedBeans]

Please post up copies of any documents you have received, including the claim form.

Look at the guide here

https://legalbeagles.info/forums/for...-and-documents

Make sure to remove any identifying info.

As you may know, you will have to acknowledge service, but have a few days to do that.

In terms of the statute barring, I believe that they will not be able to claim for any bill issued more than 6 years ago. There is some info here:

https://www.citizensadvice.org.uk/co...d-water-bills/

Your issue may be that the 6 years, for any given bill, will depend upon the date of that bill. If you were not set up with an account, no bill will have been issued. They may claim to have issued a bill in June 2016, but let's wait and see.

You will have to request copies of any relevant documents, including any bills.

[charitynjw]

The Limitation Act 1980 states as follows

5 Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.


That underlined part is a tricky thing to pin down.
It is not necessarily the date on which payments stopped, especially with reference to this type of alleged debt.
Do you have any idea when (date) the first demand was made for it?
Even then it's not that simple.

Btw, whose name is/was on the bill?

[GetMeDebtFreePlease]

Thanks all, I will post up form in the next couple of hours. I know I need to acknowledge it but it asked if you are acknowledging And defending a or part. That's the part I'm unsure what to do. All and hope for the best or say part due to limitations act but unsure how much I can admit to as I haven't been given a breakdown of particulars of claim therefore cannot accept liability for unknown amounts during the period I Will be responsible for

[Amethyst]

Just acknowledge with intent to defend all of the claim for now.... it's not binding so you can do partial admission later if you so wish ( that would mean a ccj on that part tho so I wouldn't - I'd defend and try negotiate settlement once you have all the info from the claimants )

[Amethyst]

Once acknowledged send a SAR to the water company and a CPR ( probably part 18 as they don't mention any documents) request to the claimants solicitors. Part 18 is questions - so think what information you need and ask them for the answers, primarily how the amount is broken down, £1666 Is not enough ( in my opinion ) for total water charges for such a long period - so do you recall if you were paying monthly at all at any point during the time you lived there ? Will give you a hand with the letter later anyway.

Did you inform the water co at the end of your tenancy ( March 2015 ) or anyone inform them / landlord etc from May 2015 of the situation ?

[GetMeDebtFreePlease]

It says my photos are too large and I don't know how to resize them

[charitynjw]

Amethyst

[GetMeDebtFreePlease]

I hope I've scrubbed out enough but not too much and that you're able to see these.

southern water.png

[charitynjw]

Have you filed that acknowledgement yet? (At court.)

[GetMeDebtFreePlease]

Yes I've posted a picture above of that.

[GetMeDebtFreePlease]

Once acknowledged send a SAR to the water company and a CPR ( probably part 18 as they don't mention any documents) request to the claimants solicitors. Part 18 is questions - so think what information you need and ask them for the answers, primarily how the amount is broken down, £1666 Is not enough ( in my opinion ) for total water charges for such a long period - so do you recall if you were paying monthly at all at any point during the time you lived there ? Will give you a hand with the letter later anyway.

Did you inform the water co at the end of your tenancy ( March 2015 ) or anyone inform them / landlord etc from May 2015 of the situation ?

OK so what is an SAR AND CPR PLEASE? If you could give me some assistance with these it'd be much appreciated.

I'LL TRY AND SEND THESE OFF TODAY WHATEVER THEY ARE? ALSO I DON'T BELIEVE I DID EVER PAY WATER AND NO I DIDN'T INFORM. THEM. I'D MOVED AS I KNEW I HAD A DEBT WTH THEM AND I WAS MOVING IN WITH FAMILY SO WANTED TO AVOID PAYING.

I CANNOT CHECK ANY PAYMENTS UNFORTUNATELY AS THE BANK ACCOUNT I WOULD HAVE USED TO PAY, I NO LONGER HAVE.

[charitynjw]

SAR - Subject Access Request
https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/


CPR Request to ask for documents mention in the statement of case - https://legalbeagles.info/library/gu...-of-documents/

[Amethyst]

Hmmm okay seems you will be on the hook for the bills from March 2013 to when you left the property in 2015 - probably 2 years bills. Once you have a breakdown / copies of the bills from the claimant you can calculate what is actually owed and either negotiate directly or make an offer through the court as partial admission ( you'd have to pay the sum in full to avoid a CCJ being applied for that amount ).

[GetMeDebtFreePlease]

Thanks. Anyone. Know when I need to file my defence by?

Letter dated 4th March. Acknowledged on 12th, says they received it on 13th.

This is all a minefield to me