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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Gordy

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Everything posted by Gordy

  1. Gordy
    i remove anything to do with interest but i assume i put down that im accepting liability for the part of the claim that is within the last 6 years and thats the witness statement done?
  2. Gordy
    Looking at the claim... "The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year 29/11/2016 to 21/04/2017 on £50.36 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.35." Am i right in thinking the interest rate at 8% and the separate £0.35p one are both against money that is well within the last 6 years and therefore does not have to be included in my status bar paragraph. And in the next paragraph i write that i am liable for both of the interests claimed and the latest 6 years of the billed amount? Thanks.
  3. Gordy
    22nd of this month.i received the bills i requested but nothing since then.
  4. Gordy
    I wrote part of the debt? You mean i have to acknowledge acceptance of the part of the debt outside the status bar? ill add that. Thanks.
  5. Gordy
    Hi i have my statement ready (i hope) it simply states that part of the claimed amount should not be payable as it is status barred and ive quoted the relevant text (hopefully correct). Im unsure how much you are supposed to walk the court though your defense tho, for example should i be stating the periods that fall outside the status bar and calculate what i think is owed? Again many thanks for all help received... In the County Court at Portsmouth Claim Number: XXXXXXXX Southern Water Services Limited Claimant Mr Gordon Ash Defendant WITNESS STATEMENT I, Gordon XXXX of XXXX am the Defendant in this claim. The facts in this statement come from my personal knowledge. The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. It is the defendant's understanding that under the limitation act 1980 Section 5: “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued”. Unless the claimant can provide evidence of payment or acknowledgement from the defendant in the relevant period under Section 5 of the Limitation Act, I suggest that the claimant is no longer able to take any court action against the defendant to recover part of the alleged amount claimed. I believe that the facts stated in this witness statement are true. Gordon XXXX 5th September 2017
  6. Gordy
    I have number of plastering defects around the flat that i rent from Radian housing association. Im a complete failure when it comes to anything diy related so have asked if they would do it as i feel it falls under their responsibility as quoting from their online documents i would only be responsible for 'filling minor cracks in plaster'. The defects are several 'plaster pops' where the head of a nail/screw protrudes out the wall with a head of plaster on it giving a kind of roundish raised head of cracked plaster which protrudes when any weight is put on the wall. you cant just plaster over it it has to be excavated, re-screwed then plastered over. Also lot of joins in the plaster where one or both edges move independently creating an unsealable crack unless the boards are fastened properly and then re plastered. They have ofc said that this dosent fall under their responsibility which from experience they always say when they feel they will get away with it anyway Should i chase them up on this? Thanks.
  7. Gordy
    Thanks Andy.
  8. Gordy
    Not sure why im coming across as arsy, im perfectly happy providing whatever is needed. All the questions are literally because i have no clue what im doing. Ill get cracking on my statement.
  9. Gordy
    Again pardon my ignorance but what do i need a witness for? I shall contact the court to see what kind of proof of Agoraphobia they would like. Here is the letter i received... court letter.pdf
  10. Gordy
    I will reply in full little later but i assumed this would be a slam dunk? courts should automatically (in an ideal world) do this 6 year stature bar themselves so i assumed all partys would be on board with my defence? Im obviously very naive lol. Attending court during times when my Agoraphobia is good would have been tricky as i cant predict a good day and anxiety tends to go through the roof when an activity has the added pressure of HAVING to be done, most of what i accomplish is very spur of the moment. These alas are not good times anyway and a man with a very large cheque and naked ladies couldn't entice me to attend the court. Ive had to testify in court a few years back for a near stabbing and attended by tv. Was an awful experience where i could barely hear anyone and no one seemed to know what they were doing.
  11. Gordy
    I received the court hearing date today, 26th October 2017. Should i post up a copy of the letter i received? I wont be attending the hearing due to Agoraphobia so do i just need a short statement detailing my defence explaining which bills fall inside the 6 year statute bar? Thanks.
  12. Gordy
    i see that now, dont know what i was thinking :/
  13. Gordy
    Where and when do i actually write out my defence?
  14. Gordy
    From which date do i count back from, date of the initial court summons?
  15. Gordy
    Received an email from uksearch this evening containing complete bills from 8/4/08 to 4/11/16, the court summons was for dates 23/05/2008 to 29/11/2016 so they are 25 days short. Not sure what i do about the shortfall but what day do i go back from for the 7 years cutoff? Additionally im still getting conflicting information from Southern Water regarding if they have put the approx £1600 arrears onto my current water account or not and whether the attachment of earnings order is for current bill only or current and arrears. I sent the following email to customeraccounts@southerwater.co.uk on 15/6/17 but have heard nothing back. Damn just realised the email is missing an 'n' i shall resend this now. Customer Number: ******** You have recently applied for an attachment of earnings to my benefits for ‘current’ and ‘arrears’ payments direct from my benefits. I just wanted to clarify that the amounts being claimed via the attachment of earnings order are for my current bill of £162 only and not the outstanding £1606.72 we are currently fighting at court for? Additionally I have some confusion over whether the arrears £1606.72 has been merged into my current account or not? I have a bill in front of me dated 22nd May that shows you have added the fore mentioned arrears to my account along with the £162.03 from the last generated bill. However when ever I ring in and talk to someone they say the £1606.72 is not merged to my current account. Could you please clarify? Many thanks. Gordon Ash I would really appreciate some direction with both matters. Many thanks.
  16. Gordy
    ahhh i see
  17. Gordy
    Not had any past bills back yet should i continue to wait? if not should i chase it up with the water company or their solicitors? Thanks.
  18. Gordy
    Thanks again for clarification on the N180. I tend to overthink things. Arrears money being taken is apparently for the bill that has only recently (last few weeks) been issued. Im happy with this arrangement as long as it is as described as they seem to be making a right mess of things and im not too confident in anything they say. I may shoot of an email for written clarification after posting this actually.
  19. Gordy
    Thanks. I contacted the benefits agency and they are unable to stop the money going to southern water without their consent. I contacted southern water and they are saying the past debt (roughly £2000) isnt on my account just my current first unpaid bill (£162) i have no idea what their playing at as the bill i have in front of me says the £2000 has been merged with my current account. The amount they are taking from my benefits has nothing to do with the outstanding £2000 apparently and is just for the current £162 even tho it says its for current (what current that bill hasn't been generated yet) and arrears. Will the fact that i cant attend court (i'm pretty agoraphobic at the best of times, and this isnt the best of times) be a problem? With that in mind how do i fill in the n180? Witness and and Hearing availability dates? Thanks again.
  20. Gordy
    I shall contact both. Regarding the N180... Im ok with this case being referred to a small claims mediation service? im assuming no? I assume i cant fill this one in online? I have to send copies of to all parties or the courts do this? If i have to do this do i send to Southern Water, their solicitor or both? Thanks.
  21. Gordy
    Sorry for the delay visitors showed up. https://drive.google.com/file/d/0BzMnzW_qYgQZNWtDOTJMa0ZVejg/view Is there any reason i should delay my N180 return for this? Im not at all bothered by the deductions from benefits, its the way i wanted to pay back the debt anyhow. Im just very confused that the court case exists if payment was being sorted in this manner. Tomorrow i will ring both the benefits agency and southern water just to see what they say. I thought the intelligent thing to do would be to post here first tho. Off topic: is not being able to attach images a normal occurrence or is something wrong with my account? Thanks.
  22. Gordy
    Its a standard letter you get when the amounts you receive change for any reason. The relevant info is barely 2 lines, would you like just that bit?
  23. Gordy
    Sorry, the letter is from the benefits agency.
  24. Gordy
    I've received a letter this morning telling me that £10.75 a week is being stopped out of my benefits to pay Southern Water; £6.23 for current charges and £3.70 for arrears. I'm well confused. They have added the debt to my current bill, are now getting it paid direct from my benefits so what exactly is the court case for?
  25. Gordy
    Not yet, i have the forms and am now looking for direction

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