Lowell PAPLOC now Claimform - old E-ON £3K+ bill

[autumn53]

Thanks DX

 

I will not post anything on MCOL till you give me an instruction to do so. Thanks 

 

2021-12-01 Final EON Bill All Pages.pdf

[dx100uk]

thank you.

can you confirm please

in overdales reply to your letter of claim response, they quote original creditor reference number.

1. is this number the same as the A/C number you or OH did make payments to? Y/N
2. can i also confirm the EON Smart Meter A/C number is totally Diff? Y/N.

please dont read anything into this Q , just wanna get ducks in line. 

 

 

[autumn53]

Hi Dx

 

1 Yes

2 Yes

 

Many thanks

[autumn53]

Hi

May I politely know if I am supposed to continue to wait for your update on the MCOL Defence.

Thanks very much 

[Andyorch]

You must submit your defence Monday 12th June by 16.00

[autumn53]

Thanks very much Andy. 

DX has been kindly helping me with this case. They left me a sticky note not to submit anything on MCOL site till the work on Defence draft is finished. 

[autumn53]

Dear DX,

I am very worried as I have no solid Mcol Defence ready yet and I have only one day left to do so. At the same time I do not want to trouble you, but could you kindly drop me a line as I am really unsure if the Mcol Defence I prepared earlier is good enough or you want me to add/delete something from it.

Meanwhile, there has been no response yet from Overdales to my CPR 31:14

Thanks 

[dx100uk]

1. The claim is for the sum of £3000 due by the Defendant under a E.on Energy Solutions Ltd account with an account reference of xxxxxxxxxxxx 

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 26.08.22, 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 £180 

The claimant claims the sum of £3400

defence 

1. 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted, i presently hold a current E.ON utility supply contract with no issue nor existing debt which is not the account number quoted by the Claimants . 

3. paragraph 2 is noted. Following an earlier Letter Of Claim from the Claimants solicitors, Overdales. I requested copies of all bills, a payments statement & sight of my EON contract in relation to the quoted xxxxx account number. Overdales replied, failing to supply any contractual documentation, other than a copy of an E.ON bill dated 1st dec 2021. This Bill quotes an account number i do not recognise and is for an address i have never owned nor ever resided at. The bill quotes a period of 13-6-20 to 28-7-20, stating a sum of £3277.28 is outstanding from estimated readings of a meter number i do not recognise. Were this ever my bill, it's date of 1st dec 2021 for a period outside of 1 years previous, breaks the industry 1yrs Back Billing Rules. I requested Further information under a CPR 31:14 sent to Overdales on the 7th January 2023, to date i have no further documentation.

4. There was and still remains an unresolved dispute with EON which was never resolved in respect of the alleged debt. 

5. The claimant is claiming for energy costs over a period of time and at a property i never resided at. i am therefore not liable for their claim.

6. Pursuant to OFGEM code of back billing rules the alleged charges contained on their bill are outside of 12mts from it's date.

7. 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 should be available at the hearing.

   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.

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

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

.....................

let @andyorch check this over.

here i my notes i used from throughout the thread.

the chicken farm was called Brick Kiln Farm where the original supply meter was.
that meter, as well as usage at the chicken Farm, also supplied electricity to 'The Grange'. (my) autumns property.
that account ended 28/07/20.

This EON account in question was initially held and paid for (via direct debit) by my husband from Dec 2018 to Feb 2020.
my husband held the account initially and later transferred it to me in Feb 2021

A retention fee of over 10K was held by our solicitors while the seller ensured the electric work gets carried out to bring the power line to our garage following the installation of a new meter at our property.

Our sellers being an elderly couple in their 90s, all the following-up was done by the Estate Agent and the work finished on 28th July 2020. 

This is when this account linked to shared meter was closed to start us on a fresh E.ON account number with a newly installed smart meter.

Our house was owned and lived-in by this elderly couple who also owned the Chicken Farm till we moved in on the 6th of Dec 2018. 

on the final EON bill dated 01 December 2021, the start reading  on day/night is an estimate. it covers a period ending 28 July 2020 - clearly trying to charge you for electricity that you consumed outside 12 months previous.

in overdales reply to your letter of claim response, they quote original creditor reference number.

is this number the same as the A/C number you or OH did make payments to? Y/N = YES
can i also confirm the EON Smart Meter A/C number is totally Diff? Y/N. = YES

 

dx

 

 

[autumn53]

Dear DX,

I just read everything. I am extremely grateful for all this work you have been putting into helping me. Nobody would have done this for me and I would have never been able to do it myself.   

Thank you for your kindness. 

[dx100uk]

its not perfect but please let @Andyorch check it over before you file it.

[autumn53]

Certainly. Thanks once again for everything. 

[autumn53]

Dear @Andyorch Please Once you have a moment to spare may I request you to read through the above Defence DX has kindly prepared for me. 

Thanks for you time.

[Andyorch]

I will check it shortly

[autumn53]

Thanks a bunch 

[Andyorch]

Particulars of claim for reference only do not submit.

1. The claim is for the sum of £3000 due by the Defendant under a E.on Energy Solutions Ltd account with an account reference of xxxxxxxxxxxx 

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 26.08.22, 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 £180 

The claimant claims the sum of £3400

 

Proposed Defence

1. The Defendant contends that the particulars of claim are vague and generic in nature for an alleged assigned disputed debt. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is denied as the final bill refers to and addressed to a property situated next door which was owned by the previous owner of our property to which we have never owned.  I presently hold a current E.ON utility supply contract with no issue nor existing debt which is a different account number as referred to in the the claimants particulars of claim.

3. Paragraph 2 is denied my account reference number xxxxxxxxx is fully up to date with no missed payments.

4. Paragraph 3 is noted.

5. Paragraph 4 is denied.

6. Further to a Letter Of Claim from the Claimants solicitors. I requested copies of all bills, a payments statement and disclosure of my EON contract in relation to the quoted xxxxx account number. Their response failed to supply any contractual documentation, other than a copy of an E.ON bill dated 1st Dec 2021. This Bill quotes an account number i do not recognise and is for an address i have never owned nor ever resided at. The bill quotes a period of 13-6-20 to 28-7-20, stating a sum of £3277.28 is outstanding from estimated readings of a meter number i do not recognise. Further information under a CPR 31:14 sent on the 7th January 2023, to date i have no further documentation.

7. Notwithstanding the above the final bill dated 1st Dec 2021 includes a period of over 12 months pursuant to Ofgem Back Billing Rules You can’t be charged for gas or electricity used more than 12 months ago if you have not been correctly billed for it, or informed about it via a statement of account, before. This includes situations where a supplier increases your Direct Debit because it was set too low. Suppliers cannot use this to recover any shortfall for a period longer than 12 months ago.

8.There was and still remains an unresolved dispute with EON which was never resolved in respect of the alleged debt. 

9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed and is put to strict proof to disclose particular breakdown with dates and amounts.

9. It is therefore denied that the defendant is indebted to the claimant as alleged or at all. The claim is denied in its entirety.

 

 

[autumn53]

Thanks very much for this.

Please may I cut and paste the above without the red bits into the mcol defence?

 

[Andyorch]

Yes 

[autumn53]

Done 

Thank you very much and may god bless you. I am truly grateful.

[autumn53]

Dear @dx100uk and @Andyorch. Someone known to my husband got very sympathetic about our situation with this ongoing matter and wanted to see what defence I have filed. I mentioned to them that we are being kindly helped by you and showed them everything.

They are extremely fascinated by how beautifully the defence has been drafted covering everything. Thank you so very much for your time and effort. It truly means a lot to us.  I am forever indebted to you.

[Andyorch]

 Well lets hope its successful.

[autumn53]

Hi again,

Today I received the attached letters through post. One is from the court acknowledging receipt of my Defence and the other from Overdales as a response to my CPR.

Thank You

HM Court's Letter.pdf Overdale's Response to CPR.pdf

[Andyorch]

Courts response is standard and as for Overdales that's a templated response to energy claims but interesting the last paragraph they have added the law states it will deem you responsible for the supply to that property at that relevant time...so all they have to do now is prove you owned the chicken shed during said dates and usage. 

Should be interesting..... 

[dx100uk]

no chance.

 

dx

[autumn53]

Haha thanks very much.

[autumn53]

Hi,

Just a quick update that there has been no news from their end so far.

Thanks