Court Claim for Water Bill

[CRPA9]

Hi

my wife has received a claim from Welsh water stating she owes roughly £1900 (including fees).

The problem is she genuinely never received the letter before claim. In the passed we already try and set up token payments to companies before it gets to this stage but she has phoned them stating that we never received the form and they have said there’s nothing they can do at this stage and to go through the process of the form.

We are waiting for a manager to call back to see if they can do anything but is there anything we can do to fight this?

the reason for not paying was prioritising more important bills due to loss of work.

thank you

[echat11]

You can defend the claim, fill in the following, copy and paste back onto this thread, without personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

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

b) Send a SAR request to Welsh Water, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

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

c) Send a request to Welsh Water asking them for their Terms and Conditions. Make sure you get Proof of Postage.

d) Send a CPR 31.14 request to their solicitors (details will be on claim form), they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

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

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[CRPA9]

Thank you. I will get started on this.

if it was to lose though, would we still be able to set up a payment plan of a small amount of around £10 a month or would it be difficult?

[atticus]

That is a matter for the water company.

[echat11]

Thank you. I will get started on this.

if it was to lose though, would we still be able to set up a payment plan of a small amount of around £10 a month or would it be difficult?

Try not to worry.

The Courts expect you to try to settle the matter, even whilst proceedings are ongoing.

You can make offers, but any offer letters you send must have 'Without Prejudice' written on the letter, so your letter can't be used in the case.

You might have the option of free Mediation.

Also a Court will only ask you to pay what you can afford, so if you fill in an I & E form, if you are left with £1 a month, then so be it.

https://nedcab.cabmoney.org.uk/

[CRPA9]

So she spoke to there ‘litigation manager’ and she has told her to fill out the form and send it to them explaining as much as possible (income, expenses etc). They will phone her back and see what they can do in regards to payments etc.

Do you think this is the best way to approach? As the only way to fill out the income form is admitting the debt in full isn’t it?

Thank you …

[echat11]

So she spoke to there ‘litigation manager’ and she has told her to fill out the form and send it to them explaining as much as possible (income, expenses etc). They will phone her back and see what they can do in regards to payments etc.

Do you think this is the best way to approach? As the only way to fill out the income form is admitting the debt in full isn’t it?

Thank you …

Make sure you write 'Without Prejudice' on the letter. Make sure you get Proof of Postage.

Don't use the forms they have sent you, use the link I posted in post No.5.

Amend the following letter.

https://www.citizensadvice.org.uk/de...itor---letter/

https://nedcab.cabmoney.org.uk/

[CRPA9]

So I sent an income and expenses form and offered £30 a month. They sent a letter back and accepted it. I have Filled out the DD form.

They have said they won’t be cancelling the court claim, I have acknowledged it, if I do nothing and continue to pay the £30 a month a CCJ will not be given? (That’s what they have said)

[echat11]

So I sent an income and expenses form and offered £30 a month. They sent a letter back and accepted it. I have Filled out the DD form.

They have said they won’t be cancelling the court claim, I have acknowledged it, if I do nothing and continue to pay the £30 a month a CCJ will not be given? (That’s what they have said)

I would get that in writing from them, 'CCJ will not be given'.

Write to the Court explaining that an acceptable payment agreement is in place with the creditor.

I would also lodge a complaint, if their customer service has been 'awful', follow the complaints procedure on their website.