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Claim form From Southern Water for statute barred debt

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  • Claim form From Southern Water for statute barred debt

    Received a claim? YES

    ​​
    Issue Date: MARCH 4TH

    Have you Acknowledged the Claim?: NOT YET RECEIVED ONLY YESTERDAY

    Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £2000

    Claimant’s Name: SOUTHERN WATER

    Solicitors Firm: SHULLMANS

    Original Creditor: SOUTHERN WATER

    Original Debt (eg. Credit card/Loan/Overdraft) : WATER

    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    Statutory water... Claimant claims sum of £1700 for unpaid water and/or swerage charges. Claim is for property *... . * for the period of 15/06/2009 to 30/06/2016.

    Also interest of £350 for period 30/06/2016 - 01/03/2019.


    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
    I believe it is. I lived in said property from 08 until 2015 and never once paid water nor did I ever acknowledge any debt, or letters or accept liability. In this case I believe atleast the debt mentioned is statute barred from 2009 until 2013?

    List any letters you have sent (eg: CCA/ CPR ): I've not sent any of the claim forms back nor contacted SW in response to this yet.


    Any Other Information or Background Details:

    They have claimed for water charges for more than a year after I lived at the property which can be proven as I was actually in prison for part of it. The greater remaining majority I believe is statute barred as I have made no contact with the creditor since initial bill stage when I first moved in that property.

    I moved into my current property in 2017 and waited until I married and my name had changed before setting up a new water account in my marital name with Southern water and have been paying for water here since october last year.

    Please advise on. How I should go about this. Do I put in a defence of statute barred and hope the entire amount is written off? Or claim part of it statute barred, part I was not the tenant and then request a breakdown of the bills they Could legally recover (so approx March 2013 to March 2015).

    Also is there a way to get rid of the interest?

    Many thanks. New here and not sure how this all works x

  • #2
    Hi & welcome.

    You do need to complete & return the court acknowledgement.
    You have 19 days to do so (14 + 5 allowed for service [delivery] of the court N1 claim form.)
    But there really is no advantage in delaying, so do so asap.(You risk a default judgment/CCJ if you're late!)
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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