United Utilities - no notice of action.

**The Tinkerman** · 10th October 2010, 17:19:PM

Re: United Utilities - no notice of action.

Anyone any thoughts please.

**Caspar** · 10th October 2010, 18:00:PM

Re: United Utilities - no notice of action.

Have a read of this, especially page 10. It appears they are within their rights!

http://www.smallclaims.me.uk/smallcl...ex350_0406.pdf

**Amethyst** · 10th October 2010, 18:34:PM

Re: United Utilities - no notice of action.

That flow chart starts with filing the claim. There are preaction protocols to follow in any claim. Is this a water company ? (sorry I have no idea who United Utitilites are) Water is just a general civil court claim, and yes you should have a preaction letter. Did they send letters after each missed installment that they could be using as preaction letters ?

I know Severn Trent took me to court pretty pronto after missed installments but I did have a warning letter (I just ignored it).

**The Tinkerman** · 10th October 2010, 19:15:PM

Re: United Utilities - no notice of action.

No not a bean off them since I missed my payment two months ago and missed the second one last month which got me thinkin about protocols Amethyst.

Take a look at this just googled the Company found this

http://www.unitedutilities.com/Docum...t_recovery.pdf

Interestingly they have put in their Particulars Of Claim £360 is due from the defendant for water charges for period to 31/03/11, full particulars of which have been supplied to the Defendant! OH NO THEY HAVE NOT!!!

Would you ring them OR Defend it on that basis of not following their Codes of Practice, when it could quite easily have been addressed without Court proceedings as I only missed two payments and it is for the period up to March next year.

**Amethyst** · 10th October 2010, 19:21:PM

Re: United Utilities - no notice of action.

Well I'd ring them in the first instance and say oi, whats going on, but thats just me. I think the formal advice would be to respond to the court claim with a defence about the lack of preaction protocols and the lack of particulars, but if you ring them (and pay something?) they might withdraw you never know your luck. Worth a shot.

**The Tinkerman** · 10th October 2010, 19:48:PM

Re: United Utilities - no notice of action.

Thanks Amethyst

Will give them a buzz tomorrow,

If It came to defending the lack of preaction protocols and the lack of particulars
Obviously I owe the money so were it says on the Acknowledgement of service

Tick the appropriate box

1. I intend to defend all this claim

2. I intend to defend part of the claim

3. I intend to contest jurisdiction (what does this one mean)

Which one do I tick and do I still fill in the Admission form.

**Amethyst** · 11th October 2010, 08:17:AM

Re: United Utilities - no notice of action.

for now tick intend to defend all, leaves yourself open to the extra couple weeks without any committment to admit anything. (it doesnt tie you to defending either so you can still just admit and offer ) If its through northampton bulk centre you can do it online at moneyclaim (details on front of claim form)

**Caspar** · 11th October 2010, 16:41:PM

Re: United Utilities - no notice of action.

Just as a word of comfort, we got into a real mess two years ago with Welsh Water (Dwr Cymru). Although they never took us to court or gave notice of a CCJ they sent VERY threatening letters. One thing to remember is THEY ARE NOT ALLOWED TO CUT YOU OFF! so don't worry about that. We missed ours for over a year and ignored all letters. Eventually they wrote saying they assumed we'd moved house so were going to disconnect the water supply if they didn't hear. I wrote back saying we hadn't moved so they couldn't cut us off. It was several months later I was in a position to "catch up" and phoned them.

In your situation keep all options open for the moment. Also I would imagine that by ticking the box you're going to defend will show they may have a bit of a fight on their hand - especially in light of the fact that they haven't stuck to their own agreement!

It's only two payments so you're not talking a large amount. Phone them and apologise profusely. Explain your circumstances - would pay in full if I could but just don't have the money etc.... and see if you can come to an informal payment arrangement. That's what we did in the end!

**The Tinkerman** · 28th October 2010, 18:04:PM

Re: United Utilities - no notice of action.

Yeeeeeeeeeeeeeeeeeeee Haaaaaaaaaaaaaaaaaaaaaaaaaa

RESULT!

Did as you said Amethyst but just ticked defend part of it, as I do owe it but said that I was not prepared to pay their solicitors fee or costs due to the Claimant not following their Codes of Practice and attached a copy of them along with my witness statement and sent it back to the court.

I also put in my statement that I know of people whom are allot more than two payments behind with their water bill and owe allot more money that me, of which they have never been taken to Court and can prove that fact so why have I been singled out.

Plus I sent a CPR31.16 request to the Claimant to disclose how they managed to cock my account up last year that put me in this situation in the first place.

Gave them 10 days and of course they just ignored me so wrote to the Court, to add to my Witness Statement that their Complaints procedure seems to be in line with their Codes of Practice "NON EXISTENT "

Received not one letter but TWO today from United Utilities today, Basically stating failed to advise you this, failed to advise you that, and failed to advise you other, GROVEL, GROVEL, GROVEL, and after reviewing the circumstances of my case they have asked the Court to withdraw their Claim and remove any Court fees and Cost from my account.

NOW FOR THEIR REGULATOR OFWAT!!!!

**Caspar** · 28th October 2010, 18:13:PM

Re: United Utilities - no notice of action.

Brilliant result - well done you!!!!!!

United Utilities - no notice of action.