Northumbrian Water company claimform - agreed to pay, what do I do with the claim now?

[Andyorch]

So they didn't request it was struck out or stayed as per your post# 44 above...very misleading

[n20998]

No I made a mistake I filled in the directions questionnaire as I paniced when I received the letter from the court I thought I had to...otherwise I would get a judgement by default against me

[Andyorch]

Big mistake...if you had not filled it in they couldn't proceed.

[n20998]

Damn! Any thoughts on what I should do now?

[Andyorch]

Well you must complete the court directions and do standard disclosure and submit a witness statement in support of your defence by the dates stated.....in preparation for trial...they must reciprocate.

 

This will delay matters a further...have you got a trial date ?

 

So you have only missed one payment ?

[n20998]

Yes missed the payment due at the start of February.

 

Do I need a witness statement? I have no idea what that is. I don't think I have anything to submit...emails saying we had an agreement even though I've broken it?

[Andyorch]

Well as you have already received the Notice of Allocation they instructed the court to proceed before the missed payment so you have not broken the agreement with regards to this action...would be useful if you could beg/borrow the payment and get it paid before you submit your witness statement...then you can introduce the statement that they would cease proceedings and base your statement on estoppel...which menas basically they went back on the arrangement they promissed and put in writing...but you have to get that payment in first for this to be effective.

[n20998]

Ah right...wow that sounds complicated. I need to submit everything by 1 March and I could possibly pay the missed payment and the next payment on 28 February. That would only leave one payment left at the end of March. Would the hearing be done by then?

 

Would estoppel work...as per the post above they said I should ignore the directions questionnaire but I did not.

[Andyorch]

Ah right...wow that sounds complicated. I need to submit everything by 1 March and I could possibly pay the missed payment and the next payment on 28 February. That would only leave one payment left at the end of March. Would the hearing be done by then? It should state the trial date on the Notice of Allocation ?

 

Would estoppel work...as per the post above they said I should ignore the directions questionnaire but I did not.

But they could of ignored it also and not proceed...after all thats what they promised

[n20998]

It says once all the documents have been sent a date and time for the hearing will be sent out. I still don't see how estoppel would work when I've failed to maintain the agreement and didn't ignore the directions questionnaire. Sorry for not understanding...head's a mess at the moment.

[Andyorch]

Okay so you must have everything ready and served by the 1st March...same applies to the claimant.

 

In the meantime if you could upload all the documents...claim form your defence directions questionnaire and theirs if you have it and any further correspondence.

 

Then we have everything readily available to prepare a witness statement...please redact any identifiable data first before uploading.

 

Andy

[n20998]

I haven't got my documents sorted yet. But there's a twist. Got this email below...

 

Good afternoon xxxx

I am writing with reference to the order from xxx dated xxx.

I have spoken to the Court today and they have allowed my request to adjourn the Hearing until xx August 2017. This is subject to the arrangement we have in place. However I note that your Direct Debit has stopped.

Please contact me urgently to discuss your account.

 

Thoughts?? This seems really good. I'm wondering if it's cheeky to ask for a bit longer to pay maybe so that the last payment is July 2017. Or should I just apologise and beg and borrow to be able to make up the missed payment?

 

Thanks

[Andyorch]

Get the arrears up to date...disregard the above but .......ring the court on Monday and check if they have done what they state above...if they have ask if fresh direction dates are being issued...if they haven't.....then they are misleading you hoping you wont comply with the directions by the 1st March.

[n20998]

Thanks will call tomorrow and see what they say