United Utility claimform - **WON DISC'D**

[rippedoffagain]

A Utility Company has decided to sue me and Mrs Rippedoff. They have issued the claim from Northampton, but the claim is against Mr Rippedoff and Mrs Rippedoff. No initials.

 

There is more than one Mr Rippedoff living at my address, so how they would enforce judgement is a mystery to me, also, if they obtain judgement, on which Mr Rippedoff's credit file would this be recorded? It could well give rise to a defamation suit by my son, should his credit rating be damaged.

 

Thoughts anyone.

[rippedoffagain]

Bump.

[rippedoffagain]

Ok, first let me say I am not trying to avoid paying the utility company, but would like to buy myself some time, and avoid a CCJ.

 

Draft defence.

 

1) Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

2) I am embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3) The claimant has failed to fully identify the defendant in this case.

 

4) The claimant has failed to follow the Civil Procedure Rules, in that pre action protocols have not been applied.

 

Annex A

2. Claimant’s letter before claim

 

2.1

The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –

 

(1) the claimant’s full name and address;

 

5) Continuation of this case would potentially give rise to inaccurate information being recorded on the credit files of other occupiers of the address.

 

6) I respectfully request that the claim be struck out, but in the alternative, should the Court allow the claimant to amend the Particulars of Claim, I respectfully retain my right to amend my defence.

 

Needs to be in shortly.

 

Comments please.

[rippedoffagain]

Notice of discontinuance received.