County Court Summons from United Utilities Water

[Mdina1]

Good Afternoon,

 

I have received a County Court Summons from United Utilities Water for claim for unpaid bills for water used etc.

 

I live in a rented apartment and water is supplied through a meter. I first became concerned in 2012 when I received a bill for water use that seemed particularly high (for one person living alone). After some investigation and telephone call with United Utilities, I discovered that the water meters at this building are connected incorrectly and the meter registered to my apartment is NOT connected to my apartment. I have established this by turning the mains water tap off (that is connected to this meter) and the water maintains full pressure in my apartment. Furthermore, I have taken a reading of the numbers (showing water consumption) on the meter registered to my apartment and then released a considerable amount of water from the taps in my apartment. I then re-checked the numbers showing consumption on the meter and they had not changed. From this, I concluded that the meter that is registered to my apartment is not the actual one connected it.

 

I first became aware of this problem and reported it to United Utilities on 1st November 2012 where I was informed that someone would come and visit my apartment and look at the problem. I have since made several telephone calls (for which I have contemporaneous notes and a record of the date and time the calls were made) to report this and continue to make United Utilities aware of the problem. In addition, I have sent letters and have recorded delivery receipts. I have not received any response to my letters and during some of the telephone conversations I have been asked to prove (in writing) that the meter is incorrectly connected.

 

It is impossible for me to prove in a letter how a plumbing system is connected and it would be necessary for a plumber to visit my apartment to establish this. When I mentioned this during a telephone conversation, I was threatened with a visit from a debt collector and was assured that they would not be interested in looking at the water connection but would be guaranteed to leave with payment of the money United Utilities allege that I owe.

 

It is my intention to defend their entire claim but I wish to make a counterclaim. I suffer from depression and have (in 2013) attempted suicide due to the pressure from various debt collectors and United Utilities unwillingness to address the problem.

 

Since this problem was first brought to the attention of United Utilities in November 2012, I have been in a position where I felt unable to use water in my apartment due to the knowledge that my water system was connected to another meter and someone else would be getting charged for my water consumption. I subsequently suffered increasingly poor standards of hygiene, have been unable to wash or flush the toilet correctly and in extremis have boiled rain water in order to make a cup of tea. I have had to make regular visits to my mother’s home in order to properly use the toilet and take showers etc which has involved considerable travelling expenses.

 

My general health has suffered considerably and my mental health deteriorated significantly due to the threats issued by United Utilities and debt collectors pursuing me for alleged debt despite being informed of the problem.

 

What would be the accepted or usual amount of compensation for my distress etc that I should enter in my counterclaim. The other main difficulty I have is that the court charge a fee for a counterclaim. My career sadly ended due to ill health and I do not have the funds to pay the court fees. It would distress me greatly to think that United Utilities were able to get away without even an apology for what they have done to me.

 

In relation to this, the wider issue remains that United Utilities have continued to receive payments fraudulently from at least one other tenant in this building who is actually connected to the meter that is wrongly registered to apartment 5. I do not know and have no way of knowing who this person is or which apartment is actually connected to this meter. I do know that there have been a number of changes in tenants in several apartments and this issue could potentially affect a large number of people going back to the time when the water meters were first installed.

 

It is my concern that due to the seriousness of this matter, United Utilities will try to rectify the problem in order to avoid admitting liability.

 

Any general advice or comments would be greatly appreciated. Many Thanks.

[honeybee13]

Hello and welcome to CAG.

 

Please could you have a read of this stikky and let us have the information requested? This will help the guys to advise you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

If you are in Scotland, it will be a different format.

 

My best, HB

[Mdina1]

Dear honeybee13,

 

Thank you. Requested information below:

 

In order for us to help you we require the following information:-

 

Name of the Claimant ? United Utilities Water PLC

 

Date of issue – 21st July 2014 – this in order to establish the time line you need to adhere to.

 

Date of issue 21st July 2014 + 19 days = 9th August 2014 ( 5 day for service + 14 days to acknowledge) = 9th August 2014 + 14 days to submit defence = 23rd August 2014 (33 days in total)

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

329.06 is due from the Defendant to the

Claimant for water service charges and any

other charges incurred relating to such, at:

Flat x

xx xxxxx Street

xxxxxxxx

xx xxx

For period to 19/02/2014, full particulars

of which have been supplied to the Defendant.

 

What is the value of the claim? Total Amount (including fees & costs) £414.06

 

Is the claim for a current or credit/loan account or mobile phone account? NO

 

When did you enter into the original agreement before or after 2007? After 2007

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Creditor

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A

 

Did you receive a Default Notice from the original creditor? YES

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? YES

 

Why did you cease payments:- because the water meter registered to my apartment is not connected to my apartment - I was, in essence, being charged for someone else's water.

 

Was there a dispute with the original creditor that remains unresolved? The dispute was and still is, that the water meter is connected incorrectly.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? There are no financial problems relating to this issue. The dispute is that United Utilities are fraudulently claiming money from me for an incorrectly connected meter.

 

Many Thanks.

[AndyOrch]

Date of issue 21st July 2014 + 19 days = 9th August 2014 ( 5 day for service + 14 days to acknowledge) = 9th August 2014 + 14 days to submit defence = 23rd August 2014 (33 days in total)

 

 

Acknowledgement is the 8th August...21st of July is day 1....... defence 22nd August.

 

Regards

 

Andy

[Mdina1]

Many Thanks Andy,

 

Also, I have actually completed the Acknowledgement of Service online.

 

Best Wishes,

 

Edward.

[AndyOrch]

Excellent..... because of the nature of this dispute/claim I see no advantage in utilising the extra 14 days and you may as well submit your defence when you are ready.

 

Regards

 

Andy