@unitedutilities United Utilities County Court Claim Deceased Father in law

[milo26]

Hi

My father in law died in FEb this year,

he was in a care home with his wife who has alzeimers from September 2013,

 

 

They have a house that no one lives in,

however nothing can be done with this as we are waiting to find out if the house has to be sold to pay for his wifes care home fees.

 

I check the mail regulary and we kept getting letters from a dect collection agency over the water rates,

I phoned them and informed them that he had died (the letters were always addressed to him),

they told me they would update sytem,

 

Today I have received a county court claim in his name for unpaid water rates, claiming up until 2015,

to be honest it had really upset me and I dont really know what to do,

can anyone offer any advice please

[fkofilee]

Sorry to hear of your loss... Did you send a copy of the death certificate to the company?

[rebel11]

Hi milo26

 

Sorry for your loss.

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened (your father in law has passed away - outstanding bill), how they have let you down (you contacted them, informed them of your father in law's passing, they said 'they would update their system', now you have received a court claim in your father in law's name, this has really upset you as you had been pro-active in informing them) and explain what you want them to do (can they consider writing if off).

 

If they wanted a 'Death Certificate' they should have asked for it, not said

'we will update our system', then lodge a court claim which caused distress.

 

Send it to:-

 

Mr Steven Mogford

Chief Executive

United Utilities Group

[email protected]

[citizenB]

If a claim form has been issued, then I would think you need to respond to this - if only to advise the court that the named defendant is deceased and that the Claimant had been made aware of this.

 

I will ask andyorch to look in on you.

[citizenB]

Can you please let us know the date of issue of the claim - you will find this at the top right hand corner of the claim form

[ericsbrother]

You cannot sue a dead person, only their estate or representatives. You have an advantage here inasmuch as you notified them that he had died and therfore it will be very difficult for them to get an alteration to the summons and they will have to apply for a court order to get a representative to sue. I can see this one running and running.

You need to notify the court that the person is deceased and the action was brought after his death and that the company was notified of this prior to action and therefore the claim should be struck out as CPR 19.8 not satisfied. Copy this to claimant and tell them that it is a matter of public interest and you will be making it public if they continue with their folly.

[milo26]

The date of the claim is 13th Oct 2014

[citizenB]

Righto, well for sure you cannot respond to the claim as it has been issued to your Father.

 

I will ask how you need to notify the court, saying pretty much what ericsbrother has advised you to say.

[milo26]

Thanks, I really dont know where to go with this, I might phone united utilitoes and complain to them

[citizenB]

Thanks, I really dont know where to go with this, I might phone united utilitoes and complain to them

 

IMHO, I would stay off the telephone and keep communication to writing (unless you can record the calls) . Send your letters by tracked mail.. recorded delivery if you can afford it. At the very least, do obtain a free proof of posting from the post office counter.

 

Reference your letter as a Formal Complaint and send it to their Head/Registered office.

[rebel11]

Post No.3

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened (your father in law has passed away - outstanding bill), how they have let you down (you contacted them, informed them of your father in law's passing, they said 'they would update their system', now you have received a court claim in your father in law's name, this has really upset you as you had been pro-active in informing them) and explain what you want them to do (can they consider writing if off).

 

If they wanted a 'Death Certificate' they should have asked for it, not said

'we will update our system', then lodge a court claim which caused distress.

 

Send it to:-

 

Mr Steven Mogford

Chief Executive

United Utilities Group

[email protected]

 

Thanks, I really dont know where to go with this, I might phone united utilitoes and complain to them

[milo26]

Hi Rebel thanks, I missed your first post sorry, but I shall do this, just to make you all aware there was no actual debt while he was alive, the debt started when his bank account closed so the DD stopped

[rebel11]

Hi milo26

 

It's the property that get's billed, your father in law was up to date with his payments before he passed away, the property has been empty since, you informed them, I think they should have back dated and stopped billing.

 

http://www.ofwat.gov.uk/consumerissues/chargesbills/vacant/

 

Let us know what they say.

 

Hi Rebel thanks, I missed your first post sorry, but I shall do this, just to make you all aware there was no actual debt while he was alive, the debt started when his bank account closed so the DD stopped

[IdaInFife]

Andyorch wrote:

 

CPR 19.8 (2) Where a defendant against whom a claim could have been brought has died and –

 

(a) a grant of probate or administration has been made, the claim must be brought against the persons who are the personal representatives of the deceased;

(b) a grant of probate or administration has not been made –

(i) the claim must be brought against ‘the estate of’ the deceased; and

(ii) the claimant must apply to the court for an order appointing a person to represent the estate of the deceased in the claim.

 

(3) A claim shall be treated as having been brought against ‘the estate of’ the deceased in accordance with paragraph (2)(b)(i) where –

(a) the claim is brought against the ‘personal representatives’ of the deceased but a grant of probate or administration has not been made; or

(b) the person against whom the claim was brought was dead when the claim was started.