Claim form From Southern Water statute barred date.

[BakedBeans]

You have 33 days from the date of issue. So it needs to be in by 4pm on 6th April.

How did you send the acknowledgement? Scanned and emailed?

Also, edit your earlier post to remove the acknowledge form from view ASAP.

[GetMeDebtFreePlease]

I did it online. OK will do thanks.

[BakedBeans]

You still need to edit post #9 and remove the image of acknowledge of service that you posted up.

[charitynjw]

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

Letter dated 4th March.

If you mean the court claim via MCOL, defence due latest Monday 8h April (The allowed 33 days falls on a Saturday, so next working day is ok.)

Acknowledged on 12th, says they received it on 13th.

This is all a minefield to me

(It won't let me post without writing something here, so..............something!)

[GetMeDebtFreePlease]

Hi all, so today I received this letter along side the bills I requested. My queries are now as follows.

1.
What do I do next? How and where do I respond. I have 2 days I think?

2.
They have recalculated and removed the statute barred element which is great, however before additional charges the actual remaining bill amount is still £971. This includes roughly £200 of bills calculated and included after the date in which I moved out of the property. They have referred to this in the letter but I don't understand the reply? What it means and why they've still billed me that period?

3. Can I make a counter off excluding those amounts as I am no way willing to pay for bills when I was no longer a tenant at the property.

4. If I make an offer, can we come to an agreement outside of court to avoid me getting a CCJ as I won't be ae to make payment in full. I've not been at work in 28 weeks due to a complicated pregnancy and being signe doff sick, I'm due to start maternity leave this month so I just won't have the money to pay upfront.

Thanks for all your help thus far!

[GetMeDebtFreePlease]

Hope these attach

[Amethyst]

Can you post the bit from the letter where it talks about the period after you left the property see if we can work out what they are talking about.

You can make an offer to settle outside of court, and you can try to negotiate that to a monthly installment payment - otherwise, if they won't agree to installments, you can file your defence and wait for mediation through the courts. I think you're at a position where you think you agree that £770 odd is actually owed ?

[Amethyst]

ahh you've attached ( it had gone to the next page sorry )... I'll have a look.

[Amethyst]

Seems they are just asking to evidence that you moved from the property in March 2015 and then they'll remove that element of the claim sum as well. Easy enough from May onwards I expect - but have you anything to show you'd left the property in March ?
2019-04-03 18_20_19-Start.png

[Amethyst]

Defence needs to go in on Friday to avoid default judgment. You're negotiating with them so what you could do is request their agreement to an extension under CPR 15.5 ( max 28 days ) to your defence date. So if write back to them on email with the evidence of the march date - add in there an urgent request for confirmation they are agreeable to extension to defence date.... example wording https://legalbeagles.info/forums/for...filing-defence

and the CPR Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[GetMeDebtFreePlease]

Thanks for getting back to me.

So all I have is the email. I sent to the housing association at the time Confirming I will be ending my tenancy and the date I'd make the final payment. I then have an email receipt for them for the amount mentioned as a final payment and 2 months late an email from them stating they have an mount of post from my former address? I could attach screen shots of this to them in my email request for an extension.

If they agree to the extension, can/do I make the application or notification of this online also? Many thanks.

[GetMeDebtFreePlease]

Hi all,

So I received what I asked for and as I think I've previously said, they have me a recalculated bill which was still wrong as they'd billed after I'd moved out of the property.

I emailed over my proof of no longer being resident and then called and asked for a further 14 days to allow me to receive a final and accurate bill in order for me to make a part admission. I also proposed an out of court settlement.

The 14 days was granted however they have not yet sent me a recalculated bill or response. In that case I'm. Obviously unable to admit to an amount unknown.

In this case, do I file a defence and admit no fault and explain the situation and why I cannot accept liability. Or do I part admission and accept what I deem the costs to be?

Also Is there any way to have the interest removed?

Many thanks

[Amethyst]

The interest should be recalculated to just the amount that you do agree you owe - however if you do file a part admission you will have a CCJ against you unless you pay that part in full - and of course you don't know the final figure to actually enter an admission on - so, basically your defence will say that - you are unable to admit nor deny as you are awaiting the claimant providing documents and recalculating the claim ... let me draft something for you to start from xx

[Amethyst]

Actually, just while doing that - why have they done it to 30 November 2012 - they didn't issue this claim until March 2019 and it's an entirely different account to that which you started payments on in October 2018.... so it should be up to March 2013 IMO.... was there acknowledgement or payment on THIS debt before the claim was issued? It may be the November date is when the last cause of action was ( so when the previous bill entered default ).... but they simply haven't specified. Does it show in copy bills or anything else they have provided?

[GetMeDebtFreePlease]

Thanks for your responses. I had asked for it to be up until March as you have rightly said that's when the claim was issued and no, in the bills/paperwork sent there's no acknowledgement or payments made to this debt EVER, as I'd thought. Xx