Claim Form - United Utilities

[bgizzle]

Hi All,

 

I need some help. I have received a claim form in my name from UU. I have acknowledged via MCOL but I have been away and not been able to get some traction on this. PoC is laid out below but here is a brief summary of the situation.

 

Water Bill and some others in my home were transferred into my wife's name whilst I handled others. It appear this was not effected at UU despite them confirming this at the time. Wife tells me no bills have been sent to her and I just assumed it was being paid. Now out of the blue a claim in my name. Rang UU to discuss and possibly come to an agreement without wasting the court's time or anyone else's but didn't receive a positive response.

 

2 things concern me;

 

1. They didn't ring or write (as far as I know or can remember)

2. They confirm my call in 2011, added wife to the account but left me as primary account holder. Now if this is the case, shouldn't the 2 names be on the claim form?

 

As you can imagine - I'm confused and do not know how to lay out my defence. Urgent assistance is required

 

Name of the Claimant? United Utilities Water Ltd

 

Date of issue 11th May 2015.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 13 June 2015

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

2045.13 is due from the defendant to the claimant for water service charges and any other charges incurred relating to such at XXXXXX for a period to 24/11/2014 full particulars of which have been supplied to the defendant

 

What is the value of the claim? £2230.13

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? water supply

When did you enter into the original agreement before or after 2007? Account opened in 2011

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Creditor

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Account was transferred into wife’s name. Assumed this was being paid as no bills were received in my name.

 

What was the date of your last payment? Nov 2011

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No

 

What you need to do now. Want to avoid a CCJ but come to an amicable and affordable payment arrangement as this is for water used by my family.

[AndyOrch]

Moving your thread moved to General Legal Issues bgizzle...as its not a Bank or Credit Card claim.

 

Andy

[bgizzle]

Thanks Andy

[dx100uk]

don't think there is a lot you can do

 

 

one thing to check mind is they can only go back 6yrs

 

 

no bills or the transfer sadly matters not either.

as you are both jointly liable anyway

 

 

the only thing I can think of to avoid the ccj would be a tomlin order?

 

 

but andy would need to confirm that.

[bgizzle]

I want to pay the money owed in manageable chunks just don't need a CCJ. Does a Tomlin Order affect one's credit file? is it visible to lenders, banks etc.?

 

However it is my understanding that for it to get to a Tomlin Order stage, the claimant and defendant would need to get to the mediation stage. However I'm at a point where I don't even know what to put in my defence.

[dx100uk]

point 35 here

 

 

http://moneyaware.co.uk/2012/04/clear-debt/

[bgizzle]

Thanks for the clarification around what a Tomlin order is dx. However my 2nd point in my earlier post still remains unanswered in my head. I'm a bit silly when it comes to legal speak and processes.

[dx100uk]

sri what question?

 

 

if you mean the fact that the bill was askd to be named to someones else

sadly doesn't matter

you are both equally & legally liable for the whole amount

 

 

dx

[bgizzle]

Sorry Dx. I meant i should have been clearer. - "it is my understanding that for it to get to a Tomlin Order stage, the claimant and defendant would need to get to the Mediation stage. However I'm at a point where I don't even know what to put in my defence."

[dx100uk]

well you defend all

if you don't

a CCJ is automactic by default

p'haps andy will comment later

I'm not legally minded

 

 

dx

[bgizzle]

will wait to hear from him

[AndyOrch]

Defend all then the claim is treated as being defended...then you can start negotiations any time after...pointing them to a possibility of settlement by Tomlin Order.

 

Andy

[bgizzle]

Thanks Andy. That's what I intend to do but I have no idea what to put in my defence.

[dx100uk]

you don't need to file a defence yet/ if at all

[bgizzle]

you don't need to file a defence yet/ if at all

 

I have to by the 12th June unless I have totally misunderstood the process. No defence = default CCJ. I have acknowledge on time via MCOL, defence has to be submitted in timescale

[dx100uk]

please read post 12

 

 

dx

[AndyOrch]

You must submit a defence on time...irrespective...even if its only a basic holding defence...to allow time to negotiate.

 

Andy

[bgizzle]

It is my plan to do just that. I am just not able to phrase this in a format that passes muster. Based on the background provided are there any suggestions?

[kjun]

It's a tough ask to come up with a Defence based on the background to be honest as legislation holds you liable as occupier.

 

 

Most of the successful Defences I see to water services claims are usually due to things like persons having vacated the property prior to the billing period concerned, leaks/meter disputes, landlords who have not advised of tenants moving in and neither have the tenants or joint supply queries where, for example, a single meter supplies a shop and the flat above it.

 

 

Does any of the above remotely fit as one of these may be enough to drag it over the line to mediation as not getting bills or querying the name on the bill is weak while not denying the money is owed and could lead to CCBC classing your submission as a Full Admission.

[dx100uk]

I'd let andyorch comment

[kjun]

Hopefully he will find one DX might be worth asking UU for copies of the bills and LBA just to check they went to the correct address as OP stated he did not get bills for a number of years.

[dx100uk]

sadly with water it will matter not I suspect

the back-biling rules applicable to electric/gas don't apply to water

its not a priority utility like gas/electric

and is treated the same as a credit card/loan debt.

 

 

hence the CCJ's water co's go for

 

 

dx

[AndyOrch]

Simple holding defence does not need any specific content to the history of the claim...that comes later " if " the claim proceeds...the holding will buy time and maximise the period for BGIZZ to action his plan.

 

Regards

 

Andy

[bgizzle]

i'll give it a shot and share. hopefully it makes sense

[bgizzle]

How about this as a starter for 10.

 

-----------

Claim number: XXXXXXXX

Claimant: UNITED UTILITIES WATER PLC

Defendant: Bgizzle

 

Particulars of Claim

 

2045.13 is due from the defendant to the claimant for water service charges and any other charges incurred relating to such at XXXXXX for a period to 24/11/2014 full particulars of which have been supplied to the defendant

 

Proposed Defence.

 

1. The Claimant's claim was issued on 11th May 2015.

2. The Claimants claim form fails to adequately set out the nature of the Claim and the claimant has not provided the full particulars to defendant as stated in claim form.

3. The defendants avers that the claimant’s pleadings are an abuse of process as Pre-action protocols have not been duly followed by claimant.

4. The Claimant has not provided any details as to how the sums claimed have accrued.

5. The Defendant respectfully asks the court to strike out the Claimant's Claim

Edited June 6, 2015 by Andyorch
Particulars added