CCC from Moriarty Law re Utility Warehouse

[LadyKel]

Ok so have received a letter today without any prior notice....or so I thought. Checked my spam and can see a few emails in there demanding money from about a year ago

Received a claim? Yes/No: Yes
Issue Date: 18/07/2025
Have you Acknowledged the Claim?:Not yet
Total Amount Claimed : £577
Claimant’s Name: Utility Warehouse
Solicitors Firm: Moriarty Law
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) : Utility bill
Particulars of Claim: The defendant owes the claimant £xxx.xx under a written agreement with Utility Warehouse Limited dated xx/07/2022 (Debt). Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £xxx.xx and the claimant also claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £xx.xx
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 ): Have sent a CPR
Any Other Information or Background Details:
The background to this is that I swapped suppliers a while back and was sent a final bill. Shortly before that bill was sent, a payment was taken from my account which should have reduced that bill down.
Despite me taking that amount off the bill, I noticed it didn't look right as was double what it would have been normally so I sent them a dispute including all my calculations i.e. standing charges, unit costs at the dates they were valid etc.
They replied saying nope you owe us and basically ignored everything I sent them. I replied saying I don't think so, send me your calculations and heard nothing back.

Fast forward to today where I've received a County Court claim form out of what I thought was the blue, turns out the correspondence from Moriarty Law has been going in my junk folder so hasn't been seen.
I've sent a CPR letter through asking for details of the correspondance between me and them, details of the contract and a breakdown of the debts I owe. Luckily I've still got access to my bills so can double check everything.

I'm not disputing I owe them something just not the full amount they want.

It's been 15 years since I've had to do this so any advice would be great

[echat11]

Hi Ladykel

Welcome to LB

Try not to worry.

a) First Acknowledge the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to the original creditor, Utility Warehouse, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

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

c) Send a CPR 31.14 request to Moriarty Law, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage. O.K. you've sent this.

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

d) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

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

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

Update when you start to receive and gone through the requested documentation. The SAR is really important, that should show that you disputed the debt.

The agreement you had with Utility Warehouse wasn't regulated by the Consumer Credit Act 1974 so that needs to be removed from your Defence.

[LadyKel]

With regards to the CPR 31.14, this was sent to the solicitors on 22/07/2025 via email, I received a response requesting identity details on the 25th which I responded to also via email but I have not received a response.
Am I right in thinking that they're now over the deadline for a response?

I know I have 30 days with Utility Warehouse for the SAR request (they have acknowledged), but if they wait until the full 30 days this will take me over the 28 days left to file a defence.

For info, AOS is showing as received on the 23/07/2025 so I'm working this out that I have up to 20/08/2025 to file my defence. I've tried looking at how to request an extension due to them not responding but can't see anything on how to do this.

[echat11]

With regards to the CPR 31.14, this was sent to the solicitors on 22/07/2025 via email, I received a response requesting identity details on the 25th which I responded to also via email but I have not received a response.
Am I right in thinking that they're now over the deadline for a response?

I know I have 30 days with Utility Warehouse for the SAR request (they have acknowledged), but if they wait until the full 30 days this will take me over the 28 days left to file a defence.

For info, AOS is showing as received on the 23/07/2025 so I'm working this out that I have up to 20/08/2025 to file my defence. I've tried looking at how to request an extension due to them not responding but can't see anything on how to do this.

Make a note that they have not responded to the CPR 31.14 request within 7 days.

You could extend the their time to provide the requested documents, so you can file your
defence after you receive them, You can email a request stating that under CPR 15.5 you
allow them more time to provide the requested documents.

Have a go at doing the Defence, copy paste onto the thread without personal details.

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

[LadyKel]

Apologies, it's been a busy few days at work and home.

I've had a quick stab at the defence, as this isn't to do with credit agreements I've amended the paragraphs to try and make it fit.

In the Northampton County Court Business Centre
Claim No:
Utility Warehouse Limited
Claimant
And

Defendant

DEFENCE

1.The Defendant received the claim (number) from the Northampton County Court on 22/07/2025

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. The Claimants statement of case fails to give adequate information to enable the defendant to properly assess her position with regards the claim.

4.On the 22/07/25 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Moriarty Law. She requested the Claimant provide copies of the Agreement, Default Notice, full itemised list of charges being made including calculations, all correspondence between the defendant and Utility Warehouse Ltd including details of the original dispute and Utility Warehouse’s response to the defendants dispute.

5. Moriarty Law has not sent any of these documents to the Defendant.

6. On the 23/07/2025 The Defendant sent a Subject Access Request in accordance with the Data Protection Act 2018 / General Data Protection Regulations (GDPR) to Utility Warehouse for copies all all information held by them regarding the defendant including, but not exclusive to, all bills and calculations, details of the conversations held in 2023 in regards to the dispute of charges mainly conducted over email .

7. The Claimant has failed to comply with the Data Protection Act 2018 / General Data Protection Regulations (GDPR) as has not provided the requested information.

8. 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 she expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

9. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.

10. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.

11. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

[I believe][the (claimant or as may be) believes] that the facts stated in this [name 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 ________________________________

[LadyKel]

In fact, just as I was putting this together I got a response from UW with the following and their response, still nothing on how they've calculated that final bill though and the screenshot I sent them back then isn't included Screenshot 2025-08-12 151331.pngScreenshot 2025-08-12 151514.png

[echat11]

Read it several times, if you are happy with it and the facts are correct, it can be lodged with the Court via MCOL.


In the Northampton County Court Business Centre
Claim No:
Utility Warehouse Limited

Claimant

And

Defendant

DEFENCE

1.The Defendant received the claim XXXXXXXXX from the Northampton County Court on 22/07/2025.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This Claim is for utility services.

4.It is admitted that the Defendant has previously entered into an agreement with Utility Warehouse for the supply of utility services.

5. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess her position with regards the claim.

6. The Claimant’s Particulars of Claim states the agreement was entered into on XX/XX/XX

7.On the 22/07/25 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Moriarty Law. The Defendant requested the Claimant provide copies of the Agreement, Default Notice, full itemised list of charges being made (including calculations), all correspondence between the Defendant and Utility Warehouse Ltd including details of the original dispute.

8. Moriarty Law has not sent any of these documents to the Defendant.

9. On the 23/07/2025 The Defendant sent a Subject Access Request in accordance with the Data Protection Act 2018 / General Data Protection Regulations (GDPR) to Utility Warehouse for copies all all information held by them regarding the defendant including, but not exclusive to, all bills and calculations, details of the conversations held in 2023 in regards to the dispute of charges mainly conducted over email .

10. The Claimant has failed to comply with the Data Protection Act 2018 / General Data Protection Regulations (GDPR) it has not provided the requested information.

11. 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 she expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

12. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.

13. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.

14. It is denied that the Claimant is entitled to the relief as claimed or 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 ________________________________
Dated ________________________________

[echat11]

In fact, just as I was putting this together I got a response from UW with the following and their response, still nothing on how they've calculated that final bill though and the screenshot I sent them back then isn't included Screenshot 2025-08-12 151331.pngScreenshot 2025-08-12 151514.png

Stop sending them emails, you will end up in a 'pickle'.

They made a claim, you Defend the Claim, they need to provide the requested documentation.

Update when you get documents from their solicitor or the Courts.

[LadyKel]

Apologies I wasn't clear. The screenshots were part of the information they sent me for the SAR request and the original correspondence from when this first started.
You can plainly see I disputed the charges back then and they didn't send the requested calculations back.

I'll file the above defence with the suggested amendments, thank you