Lowells/Overdales PAPLOC Now Claimform - old British Gas Debt

[out_of_the_red]

Hi all,

 

I’m hoping you can help me. 

 

I rented a flat for six months back in 2018 and didn’t receive any gas bill in that time. When I left after six months into my own house I heard nothing more about it.

 

About a year ago I received a couple of letters from British Gas chasing saying I owed them £682 except it was for much longer than I lived there, nearly a year. I chose to ignore the letters and just sent them back.

 

Then about six months ago I started getting letters from Lowell’s which I sent back as well.

 

I have now received this letter from their solicitors threatening to take me to court.

What do I need to do?!

I have no problem paying what I owe but I’m not paying for what the next tenant used.

Is there a prove it letter in this circumstance?

 

I have copies of the tenancy agreement and also proof of the date I moved out.

 

Thank you

CAG1.pdf

[dx100uk]

click letter of claim

follow post 4

 

dx

 

[out_of_the_red]

You really are always so helpful! Thank you!

[AndyOrch]

Have you received a letter of claim...or just random chasing letters ?

[out_of_the_red]

Yea I had a letter of claim saying pay up or we’ll take you to court

[dx100uk]

9 hours ago, dx100uk said:

click letter of claim

follow post 4

 

dx

 

 

[out_of_the_red]

Hi,

 

I have now received a response with the attached letter and final bill.

 

The final bill does not confirm the period of time this was for just that it is the final bill.

 

They have stated I have disputed but provided no valid reason and also that they have added nothing to the final bill, which they have.

 

I detailed as an attachment to the letter of claim what my reason for disputing was.

 

Where do I go from here?

 

docs1.pdf

[dx100uk]

yours is not the next move

 

dx

 

[out_of_the_red]

Shall I sit tight for now and wait?

[AndyOrch]

Quote

I have now received a response with the attached letter and final bill. The final bill does not confirm the period of time this was for just that it is the final bill.

 

States on the bill,  bill period Nov 2 - Dec 4  Elec used £394.07 Gas used £ 263.44 =  £657 .51...seems rather a lot for a month  

[out_of_the_red]

Not sure if that's because it's for the six months I lived there....or not....it has zero detail...

[AndyOrch]

Dont forget it will also contain the daily standing charge fees on top of usage.

[out_of_the_red]

Oh yeah totally get that but still seems hefty for a six month period over summer 

[AndyOrch]

Not really if you have never paid anything for the duration....£109 per month average ?

[out_of_the_red]

It was a small two bed flat with only two people. The one I was in before that I was paying around £65 a month

 

I really need to know if I need to follow this letter up or hold tight for now?

[AndyOrch]

Well BG have always been more expensive than the other major players....hold tight don't engage.....come back if thy issue a LBC.

 

 

 

. 

[out_of_the_red]

They issued a letter of claim on the 18th July which said I had 30 days to respond to, which I did, and the above was their reply 

[AndyOrch]

Then the ball is in their court ....you have already replied.....if the above is all they hold with regards to the debt then if they wish to proceed they will have to get a lot more information to support their claim.

[out_of_the_red]

Hi all,

 

I have just received a claim form from Northampton county court. What now?? 

[AndyOrch]

Topic moved to Financial Legal Issues Forum.

[AndyOrch]

Please read the following link and then post your response back here for further advice.

 

 

[out_of_the_red]

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue –  06.10.22

 

Date  to acknowledge) = 24th

 

date to submit defence = 7th November 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

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

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I'm unsure if this is what I have already attached in previous posts above
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No
 

When did you enter into the original agreement before or after April 2007 ? After
 

Do you recall how you entered into the agreement...On line /In branch/By post ? The landlord of the property gave British Gas my name
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. The debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes
 

Did you receive a Default Notice from the original creditor? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? I can't recall as it was nearly four years ago
 

What was the date of your last payment? As above, I can't recall if I made any payment
 

Was there a dispute with the original creditor that remains unresolved? No
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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

 

[out_of_the_red]

Thank you, this is so stressful!!!

 

Are these the correct options to request under the CPR? I want copies of the actual bills as I have never had them so have no idea what I am being charged for

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: Notice of Assignment

 

3: The Default Notice

 

4: The Termination Notice

 

5: Statement of Account

[dx100uk]

just send the CPR as is.

 

nope its just a std roboclaim hoping you'll wet yourself and cough up.

 

all DCA's think that as its a util bill it gives them some special powers ...it doesn't.

 

think of it this way, WHY didn't the original creditor take you to court and crush you....rather than choose to sell the debt on for 10p=£1??

 

plenty of util claimform threads here to read, nothing at all to get stressed over.

 

dx