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out_of_the_red

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Everything posted by out_of_the_red

  1. Paperwork says it's a mediation settlement agreement in full and final settlement
  2. I would definitely pay because I don’t want a CCJ but just wondered if their own lack of correct information has any relevance in what my negotiation should be. As I say their last letter stated the non payment period was only one month
  3. Is it worth highlighting the inconsistency of their paperwork, one letter states the period covered is one month of non-payment and the lack of bills while I lived there or since asking for them during this dispute. Just read your link, thank you, I guess my main points are lack of bills and still lack of bills to prove what I am actually being charged for. If it gets to the point of what I am prepared to pay is it advisable to low ball and go from there? Again if they cannot even get the dates on their own correspondence correct surely that is a good point for saying I should only pay for the one month. Lastly if I do pay something, no matter how small is agreed to, it is my understanding this will therefore mean the debt is satisfied and cannot then become a CCJ?
  4. Morning, I have my mediation call on Wednesday afternoon. I have read the guidance sent from the court. Is there anything extra I need to prep for?
  5. I just stuck a first class stamp on the other two and sent the court one special delivery. Is it worth emailing as well just in case?
  6. Am I missing something or is there no way to file online? Don't worry just realised I can't, best get this out special delivery!!
  7. I received the N180 from the court today. MCOL shows the below: A claim was issued against you on 06/10/2022 Your acknowledgment of service was submitted on 07/10/2022 at 16:22:22 Your acknowledgment of service was received on 10/10/2022 at 01:05:37 Your defence was submitted on 07/11/2022 at 09:27:59 Your defence was received on 07/11/2022 at 12:05:19 DQ sent to you on 03/01/2023 DQ filed by claimant on 03/01/2023
  8. Happy New Year all! I received a letter from Overdales dated 2nd December advising they want to go to mediation. Due to postal strikes this came around the 20th December. Today I received the court paperwork and now need to know what my next steps are. I have to reply by the 20th January. I have noticed on the 2nd December letter from Overdales that they have stated the supply dates for the gas and electric was from 16th March 2018 and ceased on 4 April 2018. This is obviously a typo but does it help me in any way? BG Claim.pdf
  9. I have no issue in paying what I have used, it's more that I received nothing. Thank you for all your help
  10. The attached just landed on my doormat with a copy of the final bill again Overdale.pdf
  11. We went through a letting agent who said the landlord would sort it out and it never happened. To be honest it slipped my mind as we were in the midst of buying a house and it was all rather stressful. I'm guessing that the next tenant started getting demands and the landlord then gave BG my new address
  12. No because we had no bills in the time we lived there, I didn't even know who the energy provider was
  13. Is this one correct? Also do I wait until the last day to file response or do it ASAP/ Particulars of Claim for reference. 1.The claim is for the sum of £682.51 due by the defendant under a British Gas account with an account reference of 12 digits. 2.The defendant failed to maintain contractual payments required under the terms of the account agreement. 3.The debt was legally assigned to the claimant on 26-11-21, notice of which has been given to the defendant. 4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £46.82. The claimant claims the sum of £729.33 What is the total value of the claim? £869.33 1.the Defendant contends that the Claimants particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2.Point 1 is noted. It is accepted that I have in the past had a financial arrangement with British Gas. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically. 3. Point 2 is denied as I'm unaware what dates or address of property the claimant refers to within its particulars. I have therefore made a request pursuant to CPR 31.14 signed for by them on 08/10/2022 which the claimants have failed to respond. 4. Point 4 is denied. I am unaware of an assignment and have have never been served with a Notice of Assignment pursuant to sec 136 of Law of Property Act 1925 5. Where a claim is based upon a written agreement a copy of the contract or documents constituting the agreement, the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount under civil procedure rules Practice Direction 16 (7.3). 6. Therefore with the court's permission the Claimant is put to strict proof to:- a) show and disclose how and where the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim. 7. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 8. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
  14. Hi all, Thank you again for all your help so far. I found another defence response on here and hope I have amended correctly. On the claim document they have not actually numbered their points as I have on the below reply so not sure if that will be confusing/unclear for me to number them. There was also a section on the post I copied from that said "6. Paragraph 3 is denied I have no knowledge of any legal assignment. I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925." I took this one out as I'm not sure if this one relates to my response. 1. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Point 1 is noted relating to claim sum. 3. Point 2 is noted. I have in the past had financial dealings with British Gas. However, I am unable to recall the agreement reference referred to within the claimant's particulars and have sought further validation by way of a CPR 31:14 request. 4. Point 3 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit act by either the original creditor or assignee. The claimant has yet to comply with my CPR 31:14 request. 5. Point 4 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit act by either the original creditor or assignee. 6. On the 8th October 2022 I sent a formal request for a copy of the original agreement and statements of account to Overdales Solicititors. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of any breach and Default Notice; (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  15. Okie doke. And am I ok to put my defence as receiving no bills and now not knowing what period this is being charged for or how much the actual monthly charges were?
  16. Just to update I have sent the CPR which they would have received yesterday. Do I wait for a response from them before filing my defence? Of course being mindful of filing my defence by the 7th
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