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Count Court Claim Affinity Water

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  • Count Court Claim Affinity Water

    Good Evening,
    Have received a claim form from County Court Business Centre for a debt owed to Affinity Water. 1014.60 for water, interest of 183.68 and court fees etc. Total of 1358.28. They are claiming we owe them from 20/06/2016 to 07/10/2019. We only lived in the property from 20/06/2016 to 28/11/2016. We have received calls, texts and letters from UKSL but ignored these. We were on the low income tariff so maximum the bill would have been for the year would have been around 300, so actual amount we didn't pay would have been less than 150. We have had no debt owed to any water company before or since. I don't recall receiving a letter before claim at any point. What should my next step be please? Many Thanks!
    Tags: None

  • #2
    From you summary you should definitely be defending the claim.

    a) What you need to do is Acknowledge the claim online, that will give you an extra 14 days to work on you defence, so that 28 days in total, (plus 5 days postal).

    https://legalbeagles.info/library/gu...ledge-a-claim/

    b) Send Shakespeare Martineau LLP a CPR 31.14 Request, they have 14 days to provide documents they are relying to make the claim against you. Make sure you get Proof of Postage.

    https://legalbeagles.info/library/gu...-of-documents/

    c) Send Affinity Water a SAR, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

    https://legalbeagles.info/library/gu...ccess-request/

    Make sure you get your defence in on time, so 28 days from today, note it in your diary.

    Comment


    • #3
      Many thanks for the quick reply. I've acknowledged the claim, and need some help with the CPR 31.14 request. Particulars of claim on the claim form:

      'The Claimant is a statutory water and sewerage undertaker pursuant to the Water Industry Act 1991 (the Act). The claimant claims the sum of 1014.60 for unpaid water and/or sewerage charges payable under s.142-144 of the Act and the Claimant's Charges Scheme. The unpaid sum of 1014.60 is for water and/or sewerage services provided to the Defendant(s) at 8 Westside Brentmoor Road during the supply period from 20/06/2016 to 07/10/2019. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 07/10/2019 to 10/01/2022 of 183.68 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.22. AND THE CLAIMANT CLAIMS (1) The principal sum of 1014.60. (2) Interest under s.69 of the County Courts Act 1984 of 183.68 and (3) Continuing interest on (1) above from 10/01/2022 to the date of judgement or earlier payment at a daily rate of 0.22.'

      Comment


      • #4
        See what they send.


        Your name
        Your address
        Your postcode


        Date

        Claimants name
        Claimants address
        Claimants postcode


        Dear Sirs,

        Claim Number: XXXXXX

        Request for documents mentioned in a statement of case under CPR 31.14

        On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

        To enable me to file my defence and/or counterclaim, I require inspection of documents you are relying on in your statement of case ahead of filing my defence.

        In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

        You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

        I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

        You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

        If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

        I look forward to hearing from you.

        Yours sincerely

        Your Name

        Comment


        • #5
          Will do, will update here when I get anything

          Comment


          • #6
            Ready to post these off now, before I do, is there any point in ringing Affinity directly and trying to come to a resolution or is it beyond that? Many thanks!

            Comment


            • #7
              Originally posted by fryster View Post
              Ready to post these off now, before I do, is there any point in ringing Affinity directly and trying to come to a resolution or is it beyond that? Many thanks!
              As they've filed a court claim, no. You've got a Defence in that they have billed you incorrectly.

              The courts do state that you should still try to resolve the matter without a hearing where ever possible,
              so you can communicate with them, but you still have to deal with the court claim.

              Comment

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              SHORTCUTS

              Pre-Action Letters
              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Witness Statements
              Directions Questionnaire
              Statute Barred Letter



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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