Lowell claimform - old EON Util Bill ***Claim Discontinued***

[spesh88]

I will have to submit defence tomorrow between 2pm-4pm, so will go pretty much with previous draft, but would appreciate input prior if possible, thanks!

[Andyorch]

I will go over it in the morning....not forgot you.

 

Andy

[Andyorch]

Particular's of claim for reference only

 

1)    The defendant entered into a supply and service agreement with E.on Energy Solutions Limited under the account number XXXXXXXX (‘the Agreement’)

 

2)    The agreement later ended but a liability remained outstanding for payment

 

3)    The Agreement was later assigned to the claimant on 12/07/2019 and notice given to the Defendant

 

4)    Despite repeated requests for payment, the sum of £16X.0XX remains due and outstanding.

 

And the Claimant claims

a)    The said sum of £16X.0XX

b)    Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.0XX, but limited to one year, being £1X.XX.

c)    Costs

 

Defence

 

1. I the Defendant contends that the 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. It is admitted that I have had a supply and service agreement with EON Energy Solutions in the past. I resided at the property of supply from 21st April 2017 up until 17^th October 2017 some six months at which time I vacated the property and moved to a new address whereupon my new supplier was British Gas and therefore it is not possible to leave a remaining unpaid balance.

 

3.Throughout this period EON only ever served estimated bills which were grossly over estimated with values unrelated to actual use. There was and still remains an unresolved dispute with EON which was never resolved prior to the assignment of the alleged debt. Furthermore, the claimant has given no details as to the breakdown of their claim what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.

 

4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by EON and are therefore prevented from charging.

 

4. On 9/9/19 I wrote to the claimant ‘Lowell Financial Ltd.’ in regard to the Financial Conduct Authority (FCA) Consumer Credit sourcebook stating “In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.” The claimant failed to respond with evidence as to my liability yet continued to send letters regarding ‘outstanding accounts’.

 

5. The claimant openly admits that they do not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.

 

Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.

 

1) 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.

 

With the court’s permission the Claimant is put to strict proof to: -

 

a) show and disclose how 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.

 

6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.

 

7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.

[spesh88]

Thanks Andy - much appreciated. I noticed that there are two point (4)s above, so I'l amend that and subsequent numbering, but otherwise looks great - thanks.

 

I'll submit via MCOL now, hopefully without problem.

[Andyorch]

[spesh88]

Can I just check. Should I also include the POC in the copy and paste into the form on MCOL?

[Andyorch]

No...that's why it states " For reference only " to assist me in drafting the responses.

[spesh88]

 No worries, just wanted to be certain, thanks again. I've submitted now, so I guess the next step is waiting for it to be assigned to my local court?

Edited February 15, 2021 by spesh88

[Andyorch]

Only if the claimant responds and informs the court they wish to proceed...(28 days) otherwise they will let it stay.

[spesh88]

Received an email very recently from an individual at Lowell who cc’d their ‘complex team.’ They note receipt of my defence and then a few points made:

 

• 1)    There’s enough info for you to ‘identify the agreement’
• 2)    You accept you were at property; we’ve given you the final bill, final balance not paid.
• 3)    Checking whether dispute ongoing with client… final bill itemised, yes they were estimated, can you confirm you provided meter readings?
• 4)    Blah blah, you are liable.
• 5)    Evidence of liability provided via final bill.
• 6)    Original agreement not required as: Utilities contracts are not regulated by the Consumer Credit Act 1974… no legislation requires assignor to retain a copy of the original agreement… statement shows had use of services… bill addressed at previous residence, indicates existence of an agreement… a copy of the Notice of Assignment attached also sent to previous address etc.
• 7)    Points above address your point 7
• Points above address your point 8

 

• Our client wants to resolve, blah blah…. Propose lump sum payment to settle of £17X.XX. Offer open until XXth March etc.

 

Any action required on my part here? I’m assuming not but thought it worth checking.

 

Edited February 24, 2021 by spesh88

[Andyorch]

No......let them proceed if they wish...as per my last post.

 

Andy

[dx100uk]

urm...how did they get your email address?

we might need to cut that off if it gets to the disclosure stage..

[spesh88]

Thanks.

 

Not sure how they got my email address. Maybe from Eon? But I don't remember disclosing it.

 

I don't understand what you mean by cut that off or when the disclosure stage is. Can you explain please?

[dx100uk]

you need to get reading up on the claim process 

just about any claimform thread here 

or Util Claimform 

use our search top right in the red banner

 

N180 next

then N157

then witness statements (disclosure stage)

 

as for the email.

we probably will need to send one email telling them not to use email for anything more to do with the claim else they'll be filling important documents 1 min before your WS deadline removing your chance in your WS to counter them as rubbish

[spesh88]

Thanks dx.

 

Are there any previous examples/templates for requesting them not to email me? If not I'll draft something and ask for feedback here, but I don't know if there's any specific laws/regulations I need to reference or specific content that should be included.

[dx100uk]

On 24/02/2021 at 23:39, dx100uk said:

send one email telling them not to use email for anything more to do with the claim number xxxxx

as simple as that.

 

dx

 

[spesh88]

Thanks dx, that's done.

[spesh88]

It's now 35 days since my defence was received by MCOL and I have heard nothing at all. Nor have there been any updates on MCOL.

[dx100uk]

did the court not write acknowledging they had received your defence?

 

dx 

[spesh88]

Acknowledgement of receipt on MCOL ("Your defence was received on 15/02/2021 at 16:05:19"), but nothing in writing. It's possible they keep sending letters to my old address as that is listed on MCOL and I can't change it online, though I have twice had it confirmed from them via email that they have updated my record with my new address.

 

This morning I received a letter from Lowell Solicitors with a copy of the directions questionnaire. Haven't had opportunity to look through in detail yet (will be doing so tonight), but note they have agreed to mediation and also that they request a final hearing to be conducted by telephone. There doesn't appear to be much else.

 

I have not received anything further from the courts and nothing has changed/updated on MCOL since receipt of my defence as above.

 

Ahh, actually I'm wrong, just checked "recent transactions" on MCOL and it says:

 

DQ sent to you on 21/03/2021

DQ filed by claimant on 21/03/2021

 

Interestingly done on a Sunday!

[Andyorch]

 

[spesh88]

Thanks. N180 completed as per your linked post and sent by email just now to:

 

ccbcaq@hmcts.gsi.gov.uk,
ccbcaq@justice.gov.uk

 

Copy for Lowells ready to go for posting first thing Mon morning (requesting proof of postage).

[spesh88]

Recently received a letter from Lowells solicitors, gist below:

 

They've heard back from their client apparently and claim there is no ongoing dispute, or complaint raised. I wrote to them in Sep 2019 saying i had no knowledge of debt and required more info. Copy of bill was sent Sep 2019. Client is satisfied.

 

Also, "Our client has proposed an amended off to settle of.... approx £150 or a reasonable offer made"

 

---

 

On 27th April I received an email notifying me that the claim was transferred to my local court on 26/04/2021.

 

 

[Andyorch]

So now you have your Notice of Allocation...time to start work on your statement and disclosures to exchange and submit by the date stated in your Directions in the NOA.

 

Andy

[spesh88]

Hi Andy, apologies, I'm confused. I don't yet have an N157 with the court dates.

 

I've spoken to local court and they said as it's a brand new case to them they are awaiting the judge and that should any action be required on my part they will inform me in writing.

 

Do you mean next I will receive N157 and therefore crack on with preparing statement and disclosures?

 

I appreciate none of the above stops me reading up which I'll now go off and do!