Welsh Water claim form received £2132.70***On Appeal Judgment Struck Out***

[stuckinarut11]

Am I obliged to say that in public and to court as I'm going to state the burden of proof is on the claimant.

 

Be assured it was not myself and I can provide letters at another address for the times in question however welsh water claim I can be responsible for more than one property.

 

Sorry if being over cautious

[martin2006]

I'm not doubting that witsend at all, my thoughts were more along the lines of possibly getting whomever was living there to confirm in writing which can only add to your defense.

 

The water company is right that you can be held responsible for more than one property, for example, i live in manchester but could also own a holiday cottage in cornwall, i would be responsible for both water bills

[stuckinarut11]

Mediation failed.

 

Offer they put forward was full amount paid over 3 years.

[unclebulgaria67]

So just let it go to a court hearing, where they have to prove you have any liability for this debt.

[stuckinarut11]

Hearing set for May 18th.

 

Today had notification of assignment to Solicitor firm.

 

Have been contacted by the solicitors:-

 

Dear Sir,

Thank you for confirming that the directions proposed by us are agreed. We will write to the court to confirm that this is the case.

All your other points are either irrelevant and, or denied.

If you have any proposals worthy of consideration we suggest you make them. Failing which we will exchange as agreed and leave the court determine the final outcome.

Yours faithfully,

 

I want to offer 50% of the claim 3 years paid over 2 years.

 

The debt prior to 2013 is not mine or my responsibility and due to this this is how it has got to litigation.

 

The claim is for usage from 2009 to 2015.

 

I accept the charges from June 2013.

 

Welsh water refused to deal with myself and the account was managed by Fredricksons international who failed to acknowledge my dispute and continued to demand money by menace.

 

Furthermore they refuse to accept my application for the water assist scheme which would allow the full amount to be paid over 12 months with the support of a grant as litigation has been commended.

 

I'd happily to the water assist scheme at £50 a month.

 

Any advice for going back to these as it's my last attempt prior to hearing and they've invited the offer

[stuckinarut11]

I would like to propose a payment of 50% £1080.

Payable at £45 per month over 24 months this offer is made without any admission or liability.

*If accepted I would request proceedings were stayed until full payment made.

 

Alternatively

 

I would propose that my application for the water assist scheme is reviewed.

 

This is where the debt is halved after 6 months payments and cleared after 12 months this would be the favorable option to bring the matter to a conclusion sooner.

 

My offer for the water assist scheme would be £50 a month for 12 months.

 

I have discussed both these offers with Cc water.

Prior to putting them forward to yourself.

 

It will.remain argued that I have no liability to this claim prior to June 2013.

 

I hope an amicable agreeable resolution can finally be sought after 3 years.

 

There reply

 

Dear Sir,

 

We have taken our client’s instructions and your offer is rejected.

 

Our client would, however, be prepared to settle the proceedings on the basis that you pay you the full amount of £1,947.70 together with the issue fee of £105.00 and fixed costs on issuing £80.00.

 

The full amount of £2,132.70 would be payable at an agreed rate of £45 per month until it is paid in full.

 

 

If any instalment is missed the remaining entire balance would become immediately repayable.

 

 

This offer is made in full and final settlement of all claims in the proceedings only and would not, of course, compromise any ongoing liabilities in respect of services provided by our client.

 

If this is acceptable we would propose that the terms are set out in a Tomlin Order (form of consent order) and filed accordingly at court. The £100 consent order fee would be added to the debt owed by you set out above.

 

We look forward to hearing from you.

 

Yours faithfully,

 

Counter offer. Without prejudice*

 

I do have to reject your offer of an amount payable of £2232.70.

 

I would however accept your proposed terms for the amount of £1500.00 payable at £50 per a month I have a current plan of £40 per a month so total payment would be £90 per calender month.

 

The claimant does need to accept some liability for the mismanagement of the account.

 

If accepted the default would be removed in entirety and information recorded based on the agreed payment plans only.*

 

All adverse data is to be removed.*

 

I hope we can amicably compromise on your proposal.*

 

I look forward to hearing from you.

 

Regards

[martin2006]

You will struggle getting the adverse data removed unless you can prove mismanagement of the account, in which case i would leave that for the judge to order.

[stuckinarut11]

Thanks, account start date March 2006 I was 15 years old.

They have a default registered now.

 

I'm hoping to avoid court just as to a quick resolution

[martin2006]

Worth trying but i think you will need the removal rubberstamped.

[stuckinarut11]

Claim is from 17th November 2009.

Just had a flash back to phone local authority which has reveled the below.

 

Final hearing is in 12 days.

Any advice How to proceed? ??

 

Further to your request for details of you address history,

please find attached confirmation of the dates of your tenancy at 6 Ty Mxxxel and a copy of the tenancy agreement:

 

6, TY MxxxxEL – From 17/09/2007 – 05/10/2008

 

 

I can also confirm that you had been placed in temporary accommodation at the following addresses at the dates below:

 

FLAT 2, 10– from 19/07/210 – 08/08/2010

 

FLAT 2, 11 – From 30/08/2010 – 24/10/2010

[martin2006]

Ideally you need to fill in the residency gaps between oct 09 and june 13.

 

Where were you living between oct 10 and june 13, it will help your case to provide details in your witness statement

[stuckinarut11]

I was homeless sofa surfing.

I have late 2011 bank account statements for another residency.

 

It's hard to obtain records.

 

2013 is when my life got on track

 

prior to this I was homeless sofa surfing and suffering from unmanaged mental health issues.

 

My statement has already been submitted. Hearing in 12 days

 

They know where I was between 2009 and 2010 as they have obtained a solicitors repossesion letter to confirm the date of possession of the address which was July 2011.

 

They have a newspaper article linking me to this address on 2010.

 

They can't argue I lived there and their defence is purely that water charges were not levied in my name at the said dates

this is not disputed as they were paid by another party.

 

2012 Is the year missing.

As I was literally here there and everywhere.

 

Council tax and Electrol roll confirm June 2013 as date commenced at address liable for this debt.

 

They are claiming charges from 2009 in the basics that I didn't inform them I moved out

[stuckinarut11]

Court tomorrow

[Andyorch]

Best of luck wits...please update your thread with what transpires....good or bad.

 

Regards

 

Andy

[stuckinarut11]

Thanks Andy

 

Can anyone assist with one last minute question please?

 

In the circumstances liability does stand at around £800

however to date I have not had an accurate bill

 

 

Furthermore requests to split the account so the disputed amount could be managed separately have been declined.

 

Is there any legislation or case law I can reference that it would not be fair to have a CCJ registered for any less than the claim amount.

 

Once I have an accurate bill for the liable period I will make arrangements to pay however any payment I could have made prior would only have gone to pay off monies I do not owe.

 

I don't want a judgement for £800 when they have claimed over £2000

 

Any advice be greatly appreciated

[stuckinarut11]

Decision will be forthcoming within 14 days.

 

A telephone hearing is going to be set up to hear the decision.

 

Hearing wad led by claimant's solicitor and I was put under total scrutiny.

 

Documents not disclosed were attempted to be used as evidence.

 

Emotions did get the better of me after 2 hours and I said to judge is this his personal case or am I to have a chance to speak he is asking questions constantly when you have called me to read my statement when will I be able to speak.

 

After 2 hours we adjourned for 10 minutes I was then given 20 minutes to state my case.

 

I am confident in that 20 minutes enough was said to raise doubt.

 

The whole claim is that I have an obligation under the water act to inform the service provider of my change of address.

 

They claim as I failed to do so I am liable for all charges.

 

I argued that I did infact inform Fredricksons who were the appointed third party for the claimant

 

Furthermore

 

Charges were paid on 2 council tenacys and had the water board been due diligent they would have noticed this.

 

Judge questioned them on this and final argument was that I failed to notify welsh water directly.

 

It ended with the statement of while the claimant direct may not have been notified which is neither accepted or denied I am positive the third party representives were notified the reason I am so sure is that they constantly rung me and demanded monies by menace and on each occasion they were informed that I no longer lived at the address. It is argued that I met my obligation of informing the claimant of my move by advising Fredricksons.

 

The claimant refused to accept this however I do belive the judge was swayed as he asked if the claimant had checked if Fredricksons have any record to which the solicitor said no we have not checked.

 

I'm confident the outcome will be in my favour however I can't second guess the judge

[martin2006]

Fingers crossed and well done so far

[stuckinarut11]

Thanks

 

One thing I'm not happy with is he refused to here my counter claim regarding the default as it had no merit until a decison had been made on the liability itself.

 

 

I was informed that if judgement is in my favour I am at liberty to commence a claim at that point

[martin2006]

Thats is true but he could have heard and ruled on the default based on the outcome of the financial side.

I suspect due to the time taken thus far to hear he didnt want to get into another 2 hour debate over it with other cases listed to be heard

[stuckinarut11]

This country and its justice system never fail to shock me,

the claimant have successfully obtained judgement on the basis that I failed to inform the claimant

of my vacation from the premises.

 

The judge has FAILED to address any points in my defence

 

1. The start date on account is March 2006, I was 15 years of age and also the account was in my late relatives name until 2008.

 

2. Information recorded on my credit file is inaccurate and in line with principal 4 the information was a breach of the DPA

 

I will be issuing an appeal on the above grounds.

 

Due to limitations act the account is charged from November 2009

at which time the account was assigned to Fredrickson international

who were informed of me not living at the address,

 

 

I argued that as the claimant had assigned Fredrickson i have fulfilled my obligation of notifying the supplier of my move, furthermore during the period in question water rates were charged on 2 separate council tenancy's.

 

I did advise the judge of my intention to appeal and was advised your appeal application is disallowed

you can write to the circuit judge.

 

 

The legal representative in this case is a partner in a London based law firm,

he live in Wales and has a keen interest in rugby the judge also shares this interest.

 

Advice urgently needed please

Edited June 14, 2016 by Andyorch
edit

[honeybee13]

Hello there.

 

1. The start date on account is March 20016

 

Could you clarify what the start date is please?

 

HB

[stuckinarut11]

Hello there.

 

1. The start date on account is March 20016

 

Could you clarify what the start date is please?

 

HB

 

Apologies, frustrated typing. 2006.

 

The date this account was opened in my name is 2006,

the claimant were very clever in brushing this off based on the limitations act.

 

How can I Be legally in a contact at 15 years of age despite this the account was paid by my late relative until 2008.

 

Furthermore the assigned third party conveniantly one may say erased the data from 2009.

FREDRICKSONS INTERNATIONAL the assigned third party were informed I had vacated the property.

 

A dispute dating back to 2006 was dragged through the courts dated 2009 to 2015 and it's nothing but a major injustice

 

Did I not mention that on 4 separate times in 2010 and 2011 the water firms own agents visited the property and reported property vacant.

 

Also

 

During the period above I had 2 separate council tenancies both of which water was paid in my name

[martin2006]

I am sure that while you are very frustrated and angry right now, you would not want to make any rash decision.

 

take a few days, firstly to calm down and then to have a hard think about if appealing is right for you, only you will have the answer to this.

 

before making any final decision on whether to appeal or not, familiarise yourself with what you would be getting involved in.

[stuckinarut11]

I am a fighter and I believe strongly in fair justice.

 

I may be one human being but I will not be a silent victim to such an unfair injustice

[stuckinarut11]

An appeal has been filled with the court, it's been refused at court level so has been escalated to a circuit judge for review.

 

Legal advice has been obtained on the judgement and the appeal is based on the judgement being awarded that I failed to inform the supplier of my vacation of the address.

 

Based on this we appeal on the grounds that the notice given to the claimants assigned third party would have met this obligation it's unjust for me to be held liable for their assigned third party not forwarding information further to the above in 2010 the claimant instructed another third party to visit the property who reported the property empty.

 

We consider these two events to have satisfied my obligation under the water industry act 1991.