Southern Water/ Shulmans claimform - water and sewerage charges

[unclebulgaria67]

Do you have copies of bills for all periods covered by their claim?

 

Is the defence that what is stated is not correct, that you deny their claim for the sum stated, as the amount stated does not relate to the period of billing stated. That you believe the sum stated includes amounts from 2013 which are statute barred.

 

Your defence is to deny their claim, because the claim is not correctly stated, no proof has been provided to prove the amount stated. Or if you have proof of not being liable for amounts.

 

Others will respond with better help on best approach, but what do you think are the main reasons you believe their claim is incorrect?

[maciekj90]

So to completely deny the claim, as I wasn't living there at the time its not good idea? 

 

I had the tenancy agreement there, but I wasn't living there.

To prove it I have the utility bill from different address, but not for the whole time,

however I did inform them I do not live there but they refused to take it as I wasn't able to provide the new address at the time, coz I did not had one. Instead they send me financial support form.

 

I did keep the address they billing me for as correspondence address on everything official.

 

Is the landlord confirmation, that the property is rented to me enough to bill me for water?

 

[unclebulgaria67]

I suspect that in your tenancy agreement it states that you will be responsible for water and sewerage bills. If your rent included these, then it would have stated so.

 

So yes you are most likely to be the liable person for the water/sewerage costs.

 

The fact that you were not living at the address is not really relevant. If for whatever reason you did not live at the address, it was up to you to contact the water/sewerage company to find out what to do. If you sublet the property, it was up to you to collect money from those living in the tenanted property towards the water/sewerage bills.

 

Your defence might be that the amount stated and dates for billing have not  been proved by the claimant with supporting evidence. 

[maciekj90]

By supporting evidence do you mean, bills? I am sure they gonna have it, coz I had them before. There will be a difference in dates and amounts in years 2013-2014 .

 

Just for argument, is it not occupier who is responsible for water rates? Southern Water wouldn't know the details of tenancy agreement of all rented accommodations in their area, so I guess there is some regulation to who has to pay the rates, person named on tenancy agreement or actual occupier.

 

As for contacting SW about the situation I did so, but in 2014 they did not take a notice of it, and in 2015 they eventually did take my name off the bills and they were not interested in who is on tenancy agreement but who is living at the property.

So I suspect this is determining whos name appears on the bill. 

...however I know nothing about it and this is only my speculation.

 

[dx100uk]

if your name was taken off the bills

then they cant produce bills with your name on them then..

not in my name these bills m'lud…??

 

have the sols replied to the cpr 31:14? since you sent it

 

defence is due by 4pm Friday.

 

 

 

[maciekj90]

Sorry, I should be more specific, SW took my name off the bills in July 2015. So it's not within period covered by Claim. They only claim for time when my name was on the bills.

 

I heard nothing from sols yet, however every time I contacted SW they normally answered in last moment, so I would not expected rush from the sols either.

[unclebulgaria67]

If your tenancy made you liable for the water bills instead of property owner, then you owe relevant amounts. It was up to you to receive money from occupiers to pay the bills.

 

You either defend based on the claim being defective in some way or you should come to an arrangement to pay what is owed, to avoid a CCJ.

[maciekj90]

If I stick to what you suggest, defend it on the base that claim is defective, amounts do not match the time bracket (is it valid reason?), what the outcome may be? 

What the possible scenarios?

If I take it to court, will it trigger possibly more charges? 

 

[dx100uk]

you obv owe something

 

have you explored this water aid scheme mentioned earlier with them?

[maciekj90]

Water aid scheme is not for me... I very much would like to get it off my head in one move, ASAP. It's really get on my nerves.

Can SW stop the court action on this stage? Should I speak to them?

[dx100uk]

yes ofcourse you can ring them and get a payment plan in place, if you agree to a tomlin order as long as you keep up the payments you avoid a CCJ being registered.

 

as a whole these speculative shuman claims we've seen of recent usually end up getting resolved to the benefit of the debtor one way or another.

[maciekj90]

What about this SB part(?), as the claim actually goes back to 01.04.2013, but it's says only to 2014.

Should this one year charges be removed? Is it 6 years from the claim date? 

Anything I can do with the interest? If I offer one off payment? 

Is this still reversible?

 

[dx100uk]

yes negotiate out anything wrong before you agree to a tomlin.

yes claim date 

 

 

 

[maciekj90]

Apart from negotiation with SW I feel I should be ready  to fill in my defence.

Can anyone help with wording, please as I can't see anything suitable on the other threads.

I will base on the fact that sum is not correct for the period of time.

 

[dx100uk]

its now weds so have you rung them?

[maciekj90]

Yes,  I was told they will pass info to litagation, but  I need to speak to UK Search as it's them who chase it. I am going to call them again tomorrow, as is the woman I spoke with previously was much more helpful, and this guy had no idea what he was talking about.

[dx100uk]

you do NOT have to nor should you ever speak to UK search

they are powerless and NOTHING to do with the claim.

they are NOT EVEN NAMED  on the claim as either claimant nor sols.

 

 

ONLY speak to SW litigations or p'haps Shulmans but i'd avoid the latter at all costs.

[maciekj90]

I'm not going to speak to UkS, that's why I'm gonna call SW again tomorrow. Would it be still time to fill in my defence on Friday if I was unsuccessful tomorrow. 

Is there anything SW is obligated to do in terms of helping me to pay it off, or is all voluntary for them on this stage?

[dx100uk]

what do you mean?

 

they don't have to agree a tomlin order no

but they'd be stupid IMHO to refuse it.

 

just remember you call the shots!

negotiate out anything you are not happy with in the claim.

 

cant see them refuding.

[maciekj90]

I just on the phone to SW, and they are useless they keep sending me to UKSearch.

They even gave me they phone number to call saying its Southern Water Litigation not UKSL. Now I'm on the phone second time and this women says it has to go to the court if SB charges needs to be removed. Hopeless...

 

[Andyorch]

Just submit your defence on time......you wont get anywhere with numpties on the line.....apart from raise your blood pressure.

 

Andy

[maciekj90]

You are right, I've spent 2 hours for nothing, they not getting 01.04.2013-01.04.2014 off because of the end date, which is not SB by them. They won't take interest off.

The only thing they offered was to deduct £45  charge, which take me to the conclusion, the litigation team and UK search is same thing.I

 

Women seems to have no idea what I was talking about apart from the money claim.

She said that they are entitled to the interest charges and that I've just admitted that I kept address for correspondence purposes and I have no defence. 

 

All this is already noted on Cust Service screen from my previous conversation with SW Cust Service.

She had no knowledge about it.

 

Her attitude was : you gonna pay as everything coz you f.... up big time.

 

 

Edited July 11, 2019 by maciekj90

[maciekj90]

The question is,  was she right about the charges 01.04.2013-01.04.2014 ?

If yes, should I just pay it.

 

[dx100uk]

On ‎20‎/‎06‎/‎2019 at 08:10, maciekj90 said:

Charges for 01 Apr 2013 to 31 Mar 2014 367.29

so their claimed sum is incorrect. as that is outside of 6yrs from the claimform date 12/06/2019.

 

you need a carefully worded defence filled by 4pm tomorrow 

if you pointout the above in it, it is almost admittance you owe the rest of the sum.

 

 

[maciekj90]

Can ask for help with it?