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Claim form received from Thames Water through Moriarty Law

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  • Claim form received from Thames Water through Moriarty Law

    I need help responding to this particulars of claim “ The claimant is a water and sewerage undertaker licenced under the water industry act 1991(ACT). The claimants charges are statutory charges payable under sections 142-144 of the act and the claimants charges scheme.
    The defendant owes the claimant xxxxx for the provision of waste and/or water services to the defendant at the supply address xxxxxxxx in respect of the period from xxxxx to xxxxxx”

    Tags: None

  • #2
    In your own words, why do you disagree with that?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      In your own words, why do you disagree with that?
      Did not receive any bill during that period and the claim does not have my full name.

      Comment


      • #4
        Have you offered to pay?

        Are the parts of your name that have been given sufficient to identify you accurately?

        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          Have you offered to pay?

          Are the parts of your name that have been given sufficient to identify you accurately?
          No, I have not offered to pay, there’s no way to know whether the charges are accurate or not, don’t know if the premises are metered or unmetered.

          Could but that’s not the name on most of my bills, documents etc.

          I have acknowledged the Claim and deny all, yet to submit defence.

          Comment


          • #6
            Fill in the following, copy and paste back onto this thread without personal details, the agreement you have with Thames Water isn't covered by the Consumer Credit Act 1974 (so you will need to ignore those bits).

            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:


            a) Send Thames Water a SAR request, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

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

            b) Send Moriarty Law a CPR 31.14 request, they have 7 days to provide the requested documentation.

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

            c) Send Thames Water requesting a copy of the agreement and Terms and Conditions, make sure you get Proof of Postage.

            You've acknowledged service of the claim, so you have 28 days in total from the date on the claim form to file you Defence with the Court (plus 5 days postal - you should need this). Post an update of what you've received from Thames Water within 23 days, so we can help check any anomalies with the account..

            Comment


            • #7
              Originally posted by echat11 View Post
              Fill in the following, copy and paste back onto this thread without personal details, the agreement you have with Thames Water isn't covered by the Consumer Credit Act 1974 (so you will need to ignore those bits).

              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:


              a) Send Thames Water a SAR request, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

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

              b) Send Moriarty Law a CPR 31.14 request, they have 7 days to provide the requested documentation.


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

              c) Send Thames Water requesting a copy of the agreement and Terms and Conditions, make sure you get Proof of Postage.

              You've acknowledged service of the claim, so you have 28 days in total from the date on the claim form to file you Defence with the Court (plus 5 days postal - you should need this). Post an update of what you've received from Thames Water within 23 days, so we can help check any anomalies with the account..
              Received a claim? Yes/No: Yes

              Issue Date:

              Have you Acknowledged the Claim?:Yes

              Total Amount Claimed : 1600

              Claimant’s Name:Thames Water

              Solicitors Firm:Moriarty Law

              Original Creditor:

              Original Debt (eg. Credit card/Loan/Overdraft) :

              Particulars of Claim: ( The claimant is a water and sewerage undertaker licenced under the water industry act 1991(ACT). The claimants charges are statutory charges payable under sections 142-144 of the act and the claimants charges scheme.

              The defendant owes the claimant xxxxx for the provision of waste and/or water services to the defendant at the supply address xxxxxxxx in respect of the period from xxxxx to xxxxxx”

              Is the debt Statute Barred :No

              List any letters you have sent (eg: CCA/ CPR ):None

              Any Other Information or Background Details: Have not received any bill or communication from Thames Water until Moriarty Law sent a debt collection letter giving 30 days to pay debt. Did not receive any communication till I received a county court claim, which I have acknowledged. Part of my name on my documents and bills has been left out on the claim form, so filled out defendant’s full name if different from the name given on the claim form.




              Comment


              • #8
                Originally posted by Prinzo View Post
                Received a claim? Yes/No: Yes

                Issue Date:

                Have you Acknowledged the Claim?:Yes

                Total Amount Claimed : 1600

                Claimant’s Name:Thames Water

                Solicitors Firm:Moriarty Law

                Original Creditor:

                Original Debt (eg. Credit card/Loan/Overdraft) :

                Particulars of Claim: ( The claimant is a water and sewerage undertaker licenced under the water industry act 1991(ACT). The claimants charges are statutory charges payable under sections 142-144 of the act and the claimants charges scheme.

                The defendant owes the claimant xxxxx for the provision of waste and/or water services to the defendant at the supply address xxxxxxxx in respect of the period from xxxxx to xxxxxx”

                Is the debt Statute Barred :No

                List any letters you have sent (eg: CCA/ CPR ):None

                Any Other Information or Background Details: Have not received any bill or communication from Thames Water until Moriarty Law sent a debt collection letter giving 30 days to pay debt. Did not receive any communication till I received a county court claim, which I have acknowledged. Part of my name on my documents and bills has been left out on the claim form, so filled out defendant’s full name if different from the name given on the claim form.



                Do a) b) and c) in post 7.

                Also, establish how they are billing you, no doubt the SAR information will have that info.

                Comment


                • #9
                  Originally posted by echat11 View Post

                  Do a) b) and c) in post 7.

                  Also, establish how they are billing you, no doubt the SAR information will have that info.
                  Will do, thank you.

                  Claim dated: 18/03/2024
                  Last edited by Prinzo; 27th March 2024, 17:11:PM.

                  Comment


                  • #10
                    Originally posted by echat11 View Post

                    Do a) b) and c) in post 7.

                    Also, establish how they are billing you, no doubt the SAR information will have that info.
                    This is the response I had from Moriarty Law.
                    Attached Files
                    Last edited by Prinzo; 6th April 2024, 16:27:PM.

                    Comment


                    • #11
                      Originally posted by Prinzo View Post
                      This is the response I had from Moriarty Law.
                      a) What requests have you sent them post 6? from (a), (b) and (c)

                      b) So all they have sent is a letter, is that correct?

                      The CPR for the small claims track allows you to request CPR 31.14, the documents they have used to file the case against you. So I'm not sure what they are talking about.

                      You need to make a formal complaint against Moriarty Law as they have breached the Solicitors Code of Conduct by misleading you in that letter (but don't do this yet).

                      Comment


                      • #12
                        Originally posted by echat11 View Post

                        a) What requests have you sent them post 6? from (a), (b) and (c)

                        b) So all they have sent is a letter, is that correct?

                        The CPR for the small claims track allows you to request CPR 31.14, the documents they have used to file the case against you. So I'm not sure what they are talking about.

                        You need to make a formal complaint against Moriarty Law as they have breached the Solicitors Code of Conduct by misleading you in that letter (but don't do this yet).
                        I sent request (a) and (c) from post 6 to Thames Water, no response yet.

                        Sent request (b) to Moriarty Law and the response is the letter posted with the postal order for £1 attached.
                        What should be my next move? Need to file defense latest by 20th April.

                        Comment


                        • #13
                          Originally posted by Prinzo View Post

                          I sent request (a) and (c) from post 6 to Thames Water, no response yet.

                          Sent request (b) to Moriarty Law and the response is the letter posted with the postal order for £1 attached.
                          What should be my next move? Need to file defense latest by 20th April.
                          Yes, all they have sent is the letter.


                          Comment


                          • #14
                            Originally posted by echat11 View Post

                            a) What requests have you sent them post 6? from (a), (b) and (c)

                            b) So all they have sent is a letter, is that correct?

                            The CPR for the small claims track allows you to request CPR 31.14, the documents they have used to file the case against you. So I'm not sure what they are talking about.

                            You need to make a formal complaint against Moriarty Law as they have breached the Solicitors Code of Conduct by misleading you in that letter (but don't do this yet).
                            Yes, all they have sent is the letter

                            Comment


                            • #15
                              Originally posted by Prinzo View Post

                              I sent request (a) and (c) from post 6 to Thames Water, no response yet.

                              Sent request (b) to Moriarty Law and the response is the letter posted with the postal order for £1 attached.
                              What should be my next move? Need to file defense latest by 20th April.
                              Next move, update the thread on the 17th April, see if you receive anything next week.

                              Comment

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                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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