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j57

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  1. I Have found a woman who has previously dealt with the same energy company so its full steam ahead. DO you know is it possible to appeal a summary judgement and counterclaim at the same time? What would be the most relevant information to stick to for the appeal? Thank you
  2. After your help and advice I have spent the last 48 hours doing a chronology of events and have now got two files overflowing with the energy companies contradictory evidence and furthermore evidence that some months they charge £7,000 per month they block us trying to change contractors they give rates of 6.84 then change the unit up and down as they felt fit to upto 17.6p They admit to misleading meter reads in various correspondence saying sorry in fact this has to be the most confusing time and has caused my life an absolute misery for over 9 years I have on many occassions felt suicidal. How unfair and the only thing they can do is throw their weight around as they can afford high Legal costs. They even sent us a cut off notice as a Happy christmas present on 23rd December even though we have evidence that they had been paid. Just wanted to say a big thanks for your support and fingers crossed we can get something sorted out!
  3. Thank you so much for your advice it was very kind of you. I have substantial evidence in thousands of pieces of paperwork I have one statement confirming payment of over £32,000 for a two year period. and many more that confirms the electricity during the five year period was paid. Also that the energy company is wrong Evidenced by confirmed meter readings by a different energy company at the start and the current one now who give confirmed yearly energy consumption which amounts to very little in comparrison. I have in total 75 bundles from N Power themselves contradicting asking various parties to pay for the various meters confirmation of payments confirmation of balances now they just want to charge for the same electricity twice its bizzare. As I have never used this before is there anything I should ammend in posts now? Thank you
  4. I had been let down last minute by a solicitor due to conflict of interest and the new solicitor suggest that I ask for adjournment. We dont have the money to ask for representation and it is really frustrating that they are doing this. My son is going to file for bankruptcy as they are not having a penny as its simply not owed. Thank you
  5. Thank you for your advice I know i have failed him but he originally signed the lease under duress from his father who had threatened him (Ihave court papers to show this happened and his father was charged and went to prison for fear threats and harrasment). I therefore didnt want to upset him further that why I didnt tell him to attend as he was unwell. Can I file a N244 to set aside judgement as my son didnt know and the papers were not served. Also they failed to provide any paperwork prior to the hearing on 15th October? I dont have any money to defend this neither does he as the quotes to just look at the paperwork is £5,000. There is also another named party on the assignment to this lease to the person who actually ran the businesses. I have over 1000 pieces of paperwork highlighting their incorrect billing they even admit in a few documents that they have got all the billing wrong. We also have a letter from the brewery who the lease was with stating that they knew the premises were sublet surely this thrown out their argument that he was not allowed to sublet? I am in the middle of filing an N244 to have the Summary judgement set aside is this not right? I also have evidence that they are lying about the amounts owed as they have been paid. Furthermore I though their was a back billing charter which states that they can only go back three years? If this is the case then 2007 to 2010 the electricity was paid for in full. Even if they say the year 2005 to to 2007 that Electric was used the most that can of been used is £30,00 but even then I have further proof that other companies ran by the assignor to the lease was running and he did pay the bills! Im suicidal with this and they have ignored all of our correspondance for 2 years of which I have 3 different witness statements.
  6. Here is the actual order Given 1. Application to adjourn is refused. 2. The defence shall be struck out, pursuant to order 3.4 3. There be a Summary Judgement on the claim in the sum of £124,490.32 plus interest in the sum of £7936.24 4. The defendant to pay the claimants costs summarily assessd in the sum of £11,083.00
  7. A Summary judgement was obtained against my son in the sum of £130,000 by an energy company . they have issed these bills saying that My son was responsible backdating 5 years of electricity as they think my son was unable to sublet his premise therefore they now deem him responsible from 2005 to 2010. They have already been paid for a lot of this electricity by various third parties whom technically my son leased the premises too. Further more my son was threatened by his father to have the lease in his name. The lease also had an asignment to it which added on another party to the lease who was actually responsible for the bills. My sons defence was nil as Claimants have ignored our attempts earlier to sort this matter out. The energy company solicitors served papers at different addresses where my son no longer lives. I have tried to keep him from the stress of this matter. Also the electricity company have used estimated readings and instead of 7p charged 17p and have failed to mention that they have received many many payments for the same electricity We have evidence from one company that ran the business that in 2006 to 2008 they paid in excess of £40,000 . . At no time did my son ever run or have anything to do with the property. I attended a hearing on 15th October apparently the solicitors have served papers for a year and a half but my son did not have them they have lied about the bills overcharging and charging for same electricity twice. The district Judge said my son had no defence (I had in actual fact put one in thinking they didn’t stand a chance but it was rubbish can I get into trouble for this) They issued summary judgement only because my son has failed to deal with some points . It was always understood with the brewery that the business was sub let they even admit this in a letter. They are now claiming for 5 years worth of electricity at over inflated estimated reads they have also failed to give full and accurate information to the courts I want to know how we can get the summary judgement set aside as my son did not defend himself. The Judge was very angry that my son did not attend. (He was ill anyway but also I had not told him too). I dont think they will accept anything less than a top argument and I dont have the money to defend this. Any assistance will be appreciated.
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