Court Claim Form without LBA as per PAP from a Water Company

[time2burn]

Hi
We have been having issues with local water company over water charges.
We paid what they requested and they are refuting the payment was received, we have played letter tennis for few months
long story short is they sent a notice of Intention to register a default 2 months ago.
we disputed this again stating payment was sent and received by the company, and now we have just received a Northampton CCBC claim form asking for money again!
1st of all i have no issue going to court if i have to, to make a defence but why should I?

My questions are:
1. As it is water company no contract exists as the 'debt' arises in statute so does the Pre-Action Protocol for Debt Claims made by the Master of the Rolls as Head of Civil Justice apply to them? If so why didn't they send a LBA?
1b. If the PAP does apply and they should of sent a LBA and didn't does that make their claim unenforceable?
2. They didn't send a default notice(as they threatened), so does that make their claim unenforceable? as I'm sure statute for debts states they should?

If view of the above how would i respond with the claim form, i am obviously disputing the whole claim and will send Acknowledgement of Service but do i send a defence or is there a court form or any CPR i can use to highlight the 2 points above?
Part of the PAP is to offer ADR which i probably would take just to get it sorted face 2 face., but that option has been taken away!

Any help/ guidance is appreciated

Thanks

[time2burn]

We only have a short time left to file a defence and we are still unsure on the answer to Question 1 & 1a as above about the claimant not sending any LBA and giving the 30 days to reply to this,
As it is a Water Company can they just miss that protocol out ? are they not under that law?
If they are still supposed to adhere to the LBAÂ*and Pre-Action Protocol for Debt Claims made by the Master of the Rolls as Head of Civil Justice then can i put this is as our defence or not?
Should we send off a notice to the water company before we file a defence asking them this question?

Any replies appreciated (but need them quickly)

Regards

[Amethyst]

Good morning Just having a read of your posts.

[Amethyst]

Okay, so the water company sent you a bill and you paid it, yet they refute that and have issued a claim against you for recovery of the debt.

Do you have evidence that you made the payment?
Have you provided that to them?

You've filed your acknowledgment of service with intent to defend in full.

What is the date of issue of the claim ?

Don't get too bogged down in technical aspects. The only issue that arises from not having sent an LBA is that you can argue they should not be able to recover their costs of the claim, should they go on to win.

[time2burn]

THANKS AMETHYST
I didn't know they couldn't claim costs if they hadn't sent a LBA, that is helpful regardless of outcome.
Obviously the main defence is we had sent a payment and here is the evidence..... etc
but using the 'you didn't follow due process and send a LBA' would be a extra defence showing DDJ they are wasting courts time which is against CPR 1.1 is it not?

Thanks