Count Court Claim Affinity Water

[echat11]

SAR arrived from Affinity. Nothing much there, initial moving in, some correspondence from when I applied for the low income tariff in 2016 then the next entry is 03/02/21 when they contacted me by email to confirm priority services register eligibility. Same again on 10/03/21 and 10/06/21. Something called an orbit referral on 13/04/21 that was withdrawn.

On 19/07/21 says account closed down based on information from Experian that the customer no longer lives here. If the customer disputes the dates then they will need to provide evidence to prove otherwise.

On 11/11/21 'This account has been passed to UK Search to take legal action against the outstanding balance. Please refer the customer to UK Search to discuss the the account. Please do not amend the balance.'

I will remove the reference to the SAR from my defence. I'm interested in the last point, but as you say I will deal with the court case first.

You need to check the electoral roll and credit reference agencies, to see what addresses you were / are registered at.

[fryster]

You need to check the electoral roll and credit reference agencies, to see what addresses you were / are registered at.

Have checked my credit report on MSE credit club (Experian). Registered at address after I moved out of the one they are claiming for from June 2017 to December 2019. Registered at current address from December 2019 to Current.

[echat11]

Have checked my credit report on MSE credit club (Experian). Registered at address after I moved out of the one they are claiming for from June 2017 to December 2019. Registered at current address from December 2019 to Current.

What about the Electoral roll?

[fryster]

What about the Electoral roll?

This is the dates on the electoral roll. On my credit report it states Electoral Register Entry 1 and Electoral Register Entry 2. Is there anywhere else that I can check my electoral roll details?

[echat11]

This is the dates on the electoral roll. On my credit report it states Electoral Register Entry 1 and Electoral Register Entry 2. Is there anywhere else that I can check my electoral roll details?

https://www.gov.uk/electoral-registe...toral-register

Did they send you any Letter Before Action letters before the court claim?

[fryster]

https://www.gov.uk/electoral-registe...toral-register

Did they send you any Letter Before Action letters before the court claim?

I don't recall receiving any letter before action, it's certainly something that would have made me sit up and take note of. I have had 3 identical emails from UKSL recently, on 20th, 27th January and 3rd February. They state the following:

'Re: Debt Address: XXXXXXXXXXXXXXXXX
Type of Debt: Water Supply Arrears
UK Search Reference: XXXXXXXX
Affinity Water Limited Reference: XXXXXXXXXXXX
Debt Amount: £1358.28
Debt Start Date: 20/06/2016
Debt End Date: 07/10/2019
You have not paid the outstanding amount or come to any suitable arrangement to repay this debt despite numerous attempts to contact you. It is important that you contact us now. We want to help you resolve this matter, but we can only do this if you contact us.

If you ignore this email, our client Affinity Water Limited may consider other means of debt collection, which could include legal action.'

I have clicked on a link in the email to access an online account that they have provided. In there is a section called correspondence which has nothing in it. Another section called transactions, with balance of £1014.60 on 20/07/21, another entry on 16/11/21 named cost with the same balance. On 19/01/22 three entries where they have added £80 twice and £183.68 once. Account balance stands at £1358.28.

[echat11]

O.K. see what else they send, but be mindful of the Defence date, don't let it slip away.

[fryster]

O.K. see what else they send, but be mindful of the Defence date, don't let it slip away.

Many thanks for being so helpful. Just to clarify, I have until 13th Feb to submit defence, is it best to wait right up until this day or complete around 11th Feb to be on the safe side?

[echat11]

Many thanks for being so helpful. Just to clarify, I have until 13th Feb to submit defence, is it best to wait right up until this day or complete around 11th Feb to be on the safe side?

11th Feb 100%.

[fryster]

Sending my defence tomorrow, just want to check what forms to send and to whom. Am I to send Shakespeare Martineau LLP a copy of my defence and the court a copy online? Or do I need to send the court a copy by post with the relevant defence form attached and completed along with my printed defence? Sorry for the silly questions, don't want to make a mistake and get a default!

[echat11]

Send a copy of your Defence to the Court, make sure you get Proof of Postage.
(You could also email it to the Court - in the subject line write the Claim number,
then XXXXXXXX v XXXXXXXXX. Email it to: ccbcaq@justice.gov.uk

Send a copy of your Defence to Shakespeare Martineau LLP, make sure you get Proof of Postage.

I'm not sure what forms you are referring to.

[fryster]

All done as planned. I contacted my housing association and asked them for a copy of my tenancy agreements. They've kindly provided me with a copy of my deed of assignment (it was a mutual exchange so slightly different) for the move from the address they are claiming for to the next address. Dates all tally with what I've told them. What happens now? Is there any reason why Affinity, UKSL or Shakespeare Martineau didn't check the electoral roll or is that something they're not allowed to do? I am opted out of the open register, does this make a difference?

[echat11]

All done as planned. I contacted my housing association and asked them for a copy of my tenancy agreements. They've kindly provided me with a copy of my deed of assignment (it was a mutual exchange so slightly different) for the move from the address they are claiming for to the next address. Dates all tally with what I've told them. What happens now? Is there any reason why Affinity, UKSL or Shakespeare Martineau didn't check the electoral roll or is that something they're not allowed to do? I am opted out of the open register, does this make a difference?

The Court will acknowledge your Defence, then send an Directions Questionnaire to both parties.

The Credit Reference Agencies has Electoral Roll info, but as you 'opted out', they probably don't have your info.

https://www.judiciary.uk/publication...-civil-221013/