Affinity Water County Court Claim Form Received Today

[echat11]

a) There are definitely no payments listed on the list of transactions and account history on the documentation they sent me. I am pretty sure there weren't any from memory too. Would they all have to be listed on this document they sent me?

They need to provide all the data on the account, for at least the last 6 years. So everything should be listed.

b) Also, I have made payments in my new property but they are surely a new account and the debt from the old property appears to be completely separate.

Yes, providing there are different account numbers.

c) They're not permitted to link he two accounts in some way are they? The claim form only states my old address with the dates of 2015- November 2020. I moved out of that address in January 2020.

No they can't link the two accounts, claim summed up in their Particulars of Claim.

[SammyC]

Thank you so much, I will get onto it later today.

[SammyC]

This is my draft, please let me know if anything needs changing or omitting? Thank you very much.



In the Northampton County Court Business Centre
Claim No: XXXXXX
Affinity Water LTD
Claimant
And
XXXXXXX
Defendant
DEFENCE
1.The Defendant received the claim XXXXXXX from the Northampton County Court on 15^th January 2022.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for water and sewerage charges.

4.The Claimants Particulars of Claim state that the Defendant owes an unpaid sum for water and/or sewerage charges during the supply period from to XXX 2015 to XXX 2020. The Defendant was only resident at this address for the period from XXX 2003 to XXX 2020.

5. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.

6. On the 15^th January 2022 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Shakespeare Martineau LLP. I requested the Claimant provide copies of the aforementioned documents.

7. On 5^th February 2022 the documents were received.

8. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
9. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

[echat11]

Fill in the XXXXXXXXX see if they send anything else in the next couple of days. If not then it's ready to be sent off, make sure you get Proof of Postage.

DEFENCE

1. The Defendant received the claim XXXXXXXXX from the Northampton County Court on XXXXXXXXX (ACTUAL DATE ON COURT CLAIM LETTER)

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim.

4. The Claimants Particulars of Claim state that the Defendant owes an unpaid sum for water and/or sewerage charges during the supply period from to XXX 2015 to XXX 2020. The Defendant was resident at this address for the period from XXX 2003 to XXX 2020.

5. The Defendant contends that the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.

6. On the 15^th January 2022 The Defendant sent a request for inspection of documents mentioned in the Claimant's statement of case under Civil Procedure Rule 31.14 to Shakespeare Martineau LLP. The Defendant requested that the Claimant provide copies of the aforementioned documents.

7. On the XXXXXXXXX the Defendant sent a Subject Access Request under Data Protection Act 2018 / General Data Protection Regulations (GDPR) to Affinity Water Ltd.

8. On 5^th February 2022 the Defendant received documents from the Claimant.

9. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a Defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

10. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[SammyC]

Thank you very much. Can I just paste the defence into the defence box on MCOL then also send a copy to Shakespeare Martineau online or is post preferable?

[echat11]

Thank you very much. Can I just paste the defence into the defence box on MCOL then also send a copy to Shakespeare Martineau online or is post preferable?

Do both, but make sure you get Proof of Postage. MCOL has a character restriction 1008, so might not go through, so you might have to post. Just make sure they get it on time.

[SammyC]

Hello again, the DQ has just been sent to me. Should I be agreeing to mediation or is there anything particular I should say/avoid saying? Thanks very much!

[echat11]

Hello again, the DQ has just been sent to me. Should I be agreeing to mediation or is there anything particular I should say/avoid saying? Thanks very much!

Providing you have received the documents you requested (CPR 31.14 and SAR), you should agree to Mediation. If you haven't received the documents state that in the DQ. Mediation needs to happen once you have received them.

If your not sure ask.

[SammyC]

Just a quick query - sent my completed DQ form back to all parties three weeks ago...should it now be showing as received in the recent transactions on MCOL? Or is it normal for it not to show? Thanks in advance. I have proof of posting but am curious none the less.

[MIKE770]

Not at this stag no more records on mcol it moved on

[SammyC]

Thank you!

[SammyC]

Hello All,

I have received the mediation email, one point I am a bit confused about is:

"Please read the following statements - mediation is only available if you can answer yes to all 3: 1. I am willing to negotiate on the amount of the claim and I will consider a compromise."

Does this apply to me since my defence is that I don't owe the sum at all?

Many thanks as always.

[echat11]

Hello All,

I have received the mediation email, one point I am a bit confused about is:

"Please read the following statements - mediation is only available if you can answer yes to all 3: 1. I am willing to negotiate on the amount of the claim and I will consider a compromise."

Does this apply to me since my defence is that I don't owe the sum at all?

Many thanks as always.

Yes, it applies to you.

That's your position, reflected in your defence. You need to write down what you are going to say, so
you are prepared.

[SammyC]

Thank you, is there anything in particular I need to say or not say other than I don't owe it as it is statute barred?

[echat11]

Thank you, is there anything in particular I need to say or not say other than I don't owe it as it is statute barred?

No, explain that it's statute barred (Nov 2015 - Nov 2021), also in any case explain that you have evidence that you left the property (early 2020) for part of the period they are claiming for.