Claim form Thames water utilities limited

[alizzzz]

Hello everyone,

Liz here, I received a claim form, the claimant is Thames water utilities limited. The particulars of claim is, they claim that I owe them a sum of £600 for outstanding water bills between May 2020 and May 2022 in an address that I did not live in during the time mentioned in the claim. I used to live there up until 30/06/2016 and then I moved out of the city and started living elsewhere. I have council tax bills, bank accounts bills, to prove my address since June 2016.

I have no idea how to respond to the claim form, and I am here today hoping someone will be able to pint me at the right direction.

Thank you in advance and have a great day x
Liz

[echat11]

Answer the following questions, then copy and paste back to the thread without personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

1) You need to Acknowledge Service of the Claim, that can be done via MOCL.
Deny the whole claim.

2) Send their solicitors a CPR 31.14 Request, they will send you all the documents they are relying on to make the claim against you. Make sure you get Proof of Postage. (It's a Service Agreement, not a CCA 1974)

https://legalbeagles.info/library/gu...-of-documents/

3) Send Thames Water a Subject Access Request, they have 30 days to provide all the data on the account over the last 6 years. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

4) Can you access you Credit Report, the addresses on their will correlate with what you are saying.

5) You maybe due compensation, but that's secondary at the moment.

Once you Acknowledge the Service of the claim, you will have 14 + 14, 28 days (5 days postal) to lodge your defence with the Court and Claimant. Work out the date your defence has to be filed, make a note in the diary, don't forget.

Update when they send you the requested documentation.

[alizzzz]

Thank you very much for your response

The claim dated 20/03

I have acknowledge the claim


Total Amount Claimed : £600
Claimant’s Name: Thames water utilities limited
Solicitors Firm: TM legal services limited
Original Creditor: unknown
Original Debt (eg. Credit card/Loan/Overdraft) : water utility bills
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): The claimant claims payment of an overdue amount owned by the defendant to T****s ****r in the sum of £500 for outstanding water bills under the account reference ********* for water supplied between March 2020 and March 2022. Water was supplied to the defendant at (previous address listed, I lived in the address up to 30/06/2016), and the sum for the supply remains unpaid.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No

List any letters you have sent (eg: CCA/ CPR ): I have not sent any letter yet

Any Other Information or Background Details: I was not a resident at the address listed, I moved out on 30/06/2016 and handed the keys back to the landlord on that day.

1) You need to Acknowledge Service of the Claim, that can be done via MOCL.
Deny the whole claim.

2) Send their solicitors a CPR 31.14 Request, they will send you all the documents they are relying on to make the claim against you. Make sure you get Proof of Postage. (It's a Service Agreement, not a CCA 1974)

https://legalbeagles.info/library/gu...-of-documents/ Will complete and send first thing tomorrow

3) Send Thames Water a Subject Access Request, they have 30 days to provide all the data on the account over the last 6 years. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

4) Can you access you Credit Report, the addresses on their will correlate with what you are saying. I can access my report

5) You maybe due compensation, but that's secondary at the moment.

Once you Acknowledge the Service of the claim, you will have 14 + 14, 28 days (5 days postal) to lodge your defence with the Court and Claimant. Work out the date your defence has to be filed, make a note in the diary, don't forget.

Update when they send you the requested documentation.

[echat11]

Keep an eye on the date your Defence needs to be filed.

[alizzzz]

Keep an eye on the date your Defence needs to be filed.

Thank you very much,

I am sending a CPR 31.14 request, I am stuck in the bit where I request a specific information. The Particulars of Claim stated: The claimant claims payment of an overdue amount owned by the defendant to T****s ****r in the sum of £500 for outstanding water bills under the account reference ********* for water supplied between March 2020 and March 2022. Water was supplied to the defendant at (previous address listed, I lived in the address up to 30/06/2016), and the sum for the supply remains unpaid. There's no mention of contract/agreement/default notice/notice of assignment as you can see, therefore, I'm not sure what information should I request.


Thank you for your help and have a great day x

[echat11]

Ask for the service agreement / T's and C's / default notice / notice of assignment, they will probably say it's a 'simple contract'. See if they send anything. That's why sending the SAR is a good idea.

[alizzzz]

Ask for the service agreement / T's and C's / default notice / notice of assignment, they will probably say it's a 'simple contract'. See if they send anything. That's why sending the SAR is a good idea.

Dearest ECHAT11, Good afternoon and I hope you're well.
Please have a look at my defence statement before I submit it

In the County Court Business Centre
Claim No: XXXXX
Thames Water Utilities Limited
Clearwater court
Reading – Berkshire
RG1 8DB
Claimant
And
xxxx
Defendant
DEFENCE
1. The Defendant received the claim [xxxxxx] from the Northampton County Court Business Centre on [18 March 2023]
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for an outstanding water bills for flat xxxxxxxxxx for the period 11^th JAN 2020 and 7th JAN 2022.
4. It is denied that I opened the account or entered into an agreement with claimant to supply water to the address listed during the time listed. This is because the defendant was not a resident or a lease holder of xxxxxxxxxxxx. This can be confirmed by contacting the landlord: Housing association – Address: xxxxxxxxxxxxxxxx. Telephone: xxxxxxxxxxx
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
7. It is denied that Thames Water Utilities Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
8. On the 30 March 2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the claimant’s solicitor at: TM Legal Services Limited – PO BOX 123 – Blyth – NE24 4RP. I requested the Claimant provide copies of the Service Agreement, T's and C's, Default Notice, Notice of Assignment, A Copy of a Contract , Any proof that I lived in the listed address: xxxxxxxxxxxxxxxxxx between xxxxx and xxxxxx 2022.
9. Claimant’s Solicitor has not sent any of these documents to the Defendant.
10. On the 30 March 2023 The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
12. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
13.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
14. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
15.It is denied that the Claimant is entitled to the relief as at all.
Statement of Truth
I believe the Thames Water Utilities Limited or as may be believes that the facts stated in this defence document being verified are true. I understand the claimant or as may be understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed ________
Dated ________



Thank you very much for all your help

19/06/2017

[echat11]

Amend the following:-

a) In the Northampton County Court Business Centre

Claim No: XXXXX

Claimant - Thames Water Utilities Limited

v

Defendant - XXXXXXXXX XXXXXXXXX

b) Point 1, the date that needs to be inserted is that date on the claim. Make sure you remove [ ].

c) Point 3, This claim appears to be for outstanding utility bills (water) for the period 11^th JAN 2020 to 7th JAN 2022.

d) Point 4, It is denied that the defendant opened the account or entered into an agreement with claimant to supply water to the address during the period stated in the Statement of Case. This is because the defendant was not a resident or a lease holder of the property during the period stated. The Housing Association (landlord) can confirm this.

e) Point 6. The Claimant’s Particulars of Claim fails to state exactly when the agreement was entered into.

f) Point 7. Remove completely, service agreements aren't covered by the CCA 1974.

g) Point 8. Remove the following - at: TM Legal Services Limited – PO BOX 123 – Blyth – NE24 4RP.
A Copy of a Contract , Any proof that I lived in the listed address: xxxxxxxxxxxxxxxxxx between xxxxx and xxxxxx 2022. Replace with - I requested the Claimant provide copies of the Service Agreement, Terms and Conditions, and Default Notice.

h) Point 10. Remove completely - On the 30 March 2023 The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

i) Point 11. Remove completely - On the 30 March 2023 The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

j) Replace with - I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Renumber the defence with the corrections as you have removed some points. Once you've redrafted it post it up again.

[alizzzz]

In the County Court Business Centre
Claim No: XXXXXXXX

Claimant

And
xxxxxxxx
Defendant
DEFENCE



1. The Defendant received the claim XXXXXXXXX from the Northampton County Court Business Centre on XX March 2023
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for outstanding utility bills (water) for the period 11th JAN 2020 to 7th JAN 2022.
4. It is denied that the defendant opened the account or entered into an agreement with claimant to supply water to the address during the period stated in the Statement of Case. This is because the defendant was not a resident or a lease holder of the property during the period stated. The Housing Association (landlord) can confirm this.

5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimant’s Particulars of Claim fails to state exactly when the agreement was entered into.
7. On the xxxxx 2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the claimant’s solicitor. I requested the Claimant provide copies of the Service Agreement, Terms and Conditions, and Default Notice.
8. Claimant’s Solicitor has not sent any of these documents to the Defendant.
9. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
10.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
11. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
12. It is denied that the Claimant is entitled to the relief as at all.
Statement of Truth
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.


Signed _XXXXXXXx
Dated 14/04/2023

[echat11]

You are good to go, just check the following are correct,

a) In the Northampton County Court Business Centre

Claim No: XXXXX

Claimant - Thames Water Utilities Limited

v

Defendant - XXXXXXXXX XXXXXXXXX

b) Point 1. is the date on the Court Claim form 18th March or 20th March.

You can file the Defence via MCOL, email or post. How are you going to file it?

[alizzzz]

Hello

It says The county Court Business Centre and the address is Northampton
The date is 18th March
Will file it via MCOL


Thank you for you help, I really appreciate you

[alizzzz]

You are good to go, just check the following are correct,

a) In the Northampton County Court Business Centre

Claim No: XXXXX

Claimant - Thames Water Utilities Limited

v

Defendant - XXXXXXXXX XXXXXXXXX

b) Point 1. is the date on the Court Claim form 18th March or 20th March.

You can file the Defence via MCOL, email or post. How are you going to file it?

As I'm filing the claim via MCOL, should i file for a counterclaim now or wait until this is over?
Thanks x

[atticus]

What is your counterclaim?

Your counterclaim should go with your Defence (CPR 15.7). There will be a counterclaim fee to be paid.

[alizzzz]

What is your counterclaim?

Your counterclaim should go with your Defence (CPR 15.7). There will be a counterclaim fee to be paid.

Because they lied about the claim. They could have ruined my credit score, plus the stress they caused

[echat11]

Because they lied about the claim. They could have ruined my credit score, plus the stress they caused

What did they do to collect the debt (we know from what you say that, it's not owed)?
How did they chase the debt? i.e. letters, phone calls etc. How often?
How did you tell them you didn't owe it? How many times?