Claim form received from Thames Water through Moriarty Law

[Prinzo]

Next move, update the thread on the 17th April, see if you receive anything next week.

Thanks for the help.

Should I not respond to their letter reminding the claimant that , the claim has not yet been allocated to any track and make a formal complaint for the breach of the Solicitor Code of Conduct as indicated.

[echat11]

Thanks for the help.

Should I not respond to their letter reminding the claimant that , the claim has not yet been allocated to any track and make a formal complaint for the breach of the Solicitor Code of Conduct as indicated.

Follow Moriarty Law's complaints procedure, it will be on their website. I think they wanted to say was that the CCA 1974 doesn't apply to the agreement you have with Thames Water. I think what they believe you sent was a CCA request not a 31.14 request.

Under your 31.14 request they should have at least sent Terms and Conditions.

[Prinzo]

Follow Moriarty Law's complaints procedure, it will be on their website. I think they wanted to say was that the CCA 1974 doesn't apply to the agreement you have with Thames Water. I think what they believe you sent was a CCA request not a 31.14 request.

Under your 31.14 request they should have at least sent Terms and Conditions.

Should I submit the CPR 31.14 request again with the complain?

[echat11]

Should I submit the CPR 31.14 request again with the complain?

No, you've already made the request once, that should be sufficient for them to comply.
If you have a copy of the original, you should send that.
.

[Prinzo]

No, you've already made the request once, that should be sufficient for them to comply.
If you have a copy of the original, you should send that.
.

In their letter, they’ve stated they are willing to proceed via mediation or out of court settlement as well as putting the account on hold for 21 days, what do they mean by those statements?

Is it to distract me from filing my defence by the deadline?

Can I ask them to withdraw the case from court if the want mediation or out of court settlement as they’ve stated.

[echat11]

In their letter, they’ve stated they are willing to proceed via mediation or out of court settlement as well as putting the account on hold for 21 days, what do they mean by those statements?

Is it to distract me from filing my defence by the deadline?

Can I ask them to withdraw the case from court if the want mediation or out of court settlement as they’ve stated.

a) In their letter, they’ve stated they are willing to proceed via mediation or out of court settlement as well as putting the account on hold for 21 days, what do they mean by those statements?

Mediation is part of the Small Claims Court Process (although it is not part of the case, you'll get a Directions Questionnaire and state you want Mediation providing they provide the requested documentation).
You can make 'Without Prejudice' offers, but write those words on the offer letters, start at 5%, make sure you, Google Full and Final Settlement letters, make sure get Proof of Postage.
Putting the account on hold means 'they won't take any action'.

b) Is it to distract me from filing my defence by the deadline?

No, it's a standard response. Courts expect parties to keep trying to resolve the matter.

c) Can I ask them to withdraw the case from court if the want mediation or out of court settlement as they’ve stated.

You can ask them to, but they won't. If you come to an agreement, they will withdraw the case by 'default', there is no point in continuing it.

[Prinzo]

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).

When should I send the formal complaint to Moriarty law?
I am writing to them today regarding the CPR 31.14 request which they replied with a misleading statement.

[echat11]

When should I send the formal complaint to Moriarty law?
I am writing to them today regarding the CPR 31.14 request which they replied with a misleading statement.

You can do that immediately.

[Prinzo]

IMG_0045.jpeg

You can do that immediately.

Thanks Echat11 for all your help.
I have received a response today referring me back to their earlier response. Please find their response attached, no mention was made regarding the complaint.

[Prinzo]

[IMG]https://legalbeagles.info/forums/image/gif;******,R0lGODlhAQABAPABAP///wAAACH5BAEKAAAALAAAAAABAAEAAAICRAEAOw==[/IMG]

You can do that immediately.

Thanks Echat11 for all your help.
I have received a response today referring me back to their earlier response. Please find their response attached, no mention was made regarding the complaint.

[Prinzo]

IMG_0045.jpeg
Thanks Echat11 for all your help.
I have received a response today referring me back to their earlier response. Please find their response attached, no mention was made regarding the complaint.

Do I file my defence now or wait to hear anything from them?

[echat11]

This is an example Defence, any reference to the CCA 1974 doesn't apply, so leave those bits out.
Copy and paste back to this thread without personal details.

https://legalbeagles.info/library/gu...-court-claims/

[Prinzo]

This is an example Defence, any reference to the CCA 1974 doesn't apply, so leave those bits out.
Copy and paste back to this thread without personal details.

https://legalbeagles.info/library/gu...-court-claims/

Should include their refusal to respond to CPR 31.14 as part of my defence?

[echat11]

Should include their refusal to respond to CPR 31.14 as part of my defence?

Yes.

[Prinzo]

Yes.

Hello Echatt 11, Kindly have a look at my defence below please.

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 2024




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 alleged charges which the Claimant claims is owed by the Defendant for " the provision of waste and/or water services to the defendant at the supply address xxxxxxxx in respect of period xx /xx /2019 to xx/xx/2023.




4. It is denied that the defendant opened the account or entered into an agreement with claimant for the provision of those services to the address during the period stated in the Statement of Case. This is because the defendant was the lease holder of the property which was occupied by a lodger and did not receive any information or bills during the period stated.




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 2024 and xxxx 2024.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, but responded thus “ we can confirm that if you file a defence, the Claim will fall under the Small Claims Track (SCT). Accordingly, CPR 31.14 is not applicable. Therefore , we have enclosed your postal order".




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 14/04/2024