EON/Wedlake Bell LLP PAPLOC Now Claimform - old Dual Fuel Energy Util Bill for old property

[Jase1982]

Hi All,

 

Hope this is the best place to post this.  I recently received court papers claiming £2500 for a debt at an old property.  I don't believe this figure can be accurate because I'd gone back to EDF to query the amount, and I believe this is due an erroneous meter reading and estimated usages.

 

The solicitors listed on the court papers haven't complied with the pre action protocol as far as I can tell because I've not received anything prior to these court papers from them and don't even know who they are.

 

I'm going to submit a defence on this and I would imagine part of my defence would be that they didn't comply with the pre action protocol.

 

I would just like to know if this is correct when dealing with energy companies?  Is there a template defence?  The only templates I can see are listed here, which I could adapt?  

 

Any further advice would be appreciated.

 

 

 

[BankFodder]

Please start off by posting up the claim form in PDF format .

Redact it for your own identifiers.

 

[Andyorch]

Topic moved to Financial legal Issues Forum in view of the court claim. 

[Jase1982]

Morning,

 

Apologies for the delay.  Please see attached claim form... if someone could help me out that would be appreciated. 

 

Thanks,

 

claimform 2022-12-16.pdf

[Andyorch]

Have you acknowledged service of the claim? deadline was yesterday by 4.00pm.

You will have to respond quicker than this if you are to successfully defend this claim.

 

 

Please read the link below and provide any information regarding the debt and claim by copying the Qs and your responses back here.

 

 

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-court-claim-issued-in-england-wales-what-you-need-to-do/#comment-4355834

 

[Jase1982]

Hi,

 

I submitted a response today.  I'm assuming they'll have to allow some leeway as due to the postal strikes I didn't receive it for several days afterwards..

[dx100uk]

why are you not using MCOL?

 

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/

.

 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]

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

 

[Andyorch]

18 minutes ago, Jase1982 said:

Hi,

 

I submitted a response today.  I'm assuming they'll have to allow some leeway as due to the postal strikes I didn't receive it for several days afterwards..

Now refer back to my link and give us some history of the debt and complete the CPR 31.14 request 

[Andyorch]

Defence due Tues 17th by 16.00pm.  

[Jase1982]

Which Court have you received the claim from ? COUNTY COURT BUSINESS CENTRE, NORTHAMPTON 

 

Name of the Claimant ? E.ON NEXT ENERGY LIMITED

 

Date of issue – 16TH DEC 2022

 

Particulars of Claim

 

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

 

1.The claim is for the claimant's charges for supplies of electricity and/or gas to the defendant made under express contracts or contracts deemed by schedule 6 of the Electricity Act 1989 and/or Schedule 2B of the Gas Act 1986 with the Defendant as occupier, consumer and/or site owner by which payment was due within 14 days of invoice.  

 

2.The defendant has failed to pay energy/invoices for Account No. XXXXXXXXXX dual at XXXXXXXXX rendered up to 24/09/2021 for £2,347.13.  

 

3.The claimant claims £2,347.13 and £229.94 INTEREST pursuant to S69 County Courts Act 1984 at 8% per annum from the due date to the date hereof and at £0.61 daily thereafter.

 

What is the total value of the claim? £2772.07
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, forwarding address provided and this form has been sent to my new address
 

Did you inform the claimant of your change of address? Yes

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy
 

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 ? I moved into a property
 

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. No, it says Wedlake Bell LLP
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

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, is that relevant for utilities?
 

Why did you cease payments? I moved properties and suffered significant drop in earnings through the pandemic
 

What was the date of your last payment? Some time in 2021
 

Was there a dispute with the original creditor that remains unresolved? The bill is too high?  They have billed me for a longer period than I was in the property for
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes
 

Questionnaire completed. 

 

 

Thanks for any additional assistance 

[dx100uk]

have you sent the cpr 31.14 to off yet?

 

tell use more about the bills 

do you have them?

do you have proof of date you moved in and moved out?

[Jase1982]

Hi, I have sent the cpr 31.14 form off.

 

No I don't have any bills from them, I have nothing.  I suspect they might have sent them to my old address, possibly.

 

Yes I do have proof of the date I moved out.  I also suspect the letting agent may have given them an incorrect date to avoid paying any bills during the interim period. 

[dx100uk]

ok good.

plenty of util claimform threads here get reading up.

 

use our enhanced google searchbox

 

 

 

[Jase1982]

Hi, would anyone be able to point me in the direction of a thread including a defence I can look at?  I've looked through the utilities section but I can't locate one

[dx100uk]

On 07/01/2023 at 18:23, dx100uk said:

ok good.

plenty of util claimform threads here get reading up.

 

use our enhanced google searchbox

 

 

already told you how. use our enhanced google serachbox enter "util claimform"

all claimform threads are in the forum your thread is in or the successes forum off this one.

 

your defence is due by 4pm tomorrow

 

dx

[Andyorch]

I will search for you 

 

 

[Jase1982]

Hi guys, thanks.  Found them now.  I think the issue is that there is a search box at the top, which is what I was searching in, but there is another box that seems to search using google

 

1. I the Defendant contends that the particulars of claim are 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. It is admitted that I have had a supply and service agreement with EON in the past. I resided at the property of supply from March 2019 up until August 2021.

 

3. 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 nor what specific period it relates to, so I am unable to defend accurately until the claimant can particularise and quantify its pleadings.

 

4. A request has been made that the claimant supply evidence in support of their claim by way of a CPR 31.14, but a response is yet to be received.

 

5. The claimant is claiming for a period of time where I was not resident, and therefore not liable for energy costs.

 

6. 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.

 

7. The claimant has thus far been unable to produce any evidence that the alleged debt has been legally assigned to them.

 

8. Thus far I am unaware that the claimant has completed the pre action protocol as stipulated by the courts, as I have had no prior communication with the claimant to the date of the court summons.  Details of the pre action protocol undertaken by the claimant have also been requested by way of a CPR 31.14.  To date, no response has been received.

9. 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.
        c) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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

 

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

 

This is the best I can come up with and puts the ball firmly in their court...  I'll post it up on MCOL shortly

[dx100uk]

no that needs work.

not due till 4pm tomorrow as you get one extra day for xmas

 

dx

 

[Jase1982]

Ok, where would you specifically say I need to tweak it.  Basics are that I have no information from them and they're charging for a period where I wasn't at the property. I've had no communication with them either, so I just want to make them work

[dx100uk]

put this as a new para 2, remove your para about pre action protocol totally

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

On 17/01/2023 at 14:28, Jase1982 said:

7. The claimant has thus far been unable to produce any evidence that the alleged debt has been legally assigned to them.

remove

the debt has not been assigned (sold) they are the original supplier

 

On 17/01/2023 at 14:28, Jase1982 said:

2. It is admitted that I have had a supply and service agreement with EON in the past. I resided at the property of supply from March 2019 up until August 2021.

 

i also would not nail yourself to the cross here by stating the above, its admittance you owe something to them.

 

in their paragraph one they dont even know what you are just guess you must be...

On 07/01/2023 at 16:00, Jase1982 said:

with the Defendant as occupier, consumer and/or site owner

i would be just as vague....

 

paragraph 1 is noted, i have in the past had utility dealings with EON but do not remember the specific account number the claimant states, nor ever leaving any debt owed by myself to them. the claimant has to date failed to supply any bills or better details despite numerous previous requests and a cpr 31:14 sent to their solicitors by (method date) which remains unanswered to date.

[Jase1982]

Is this ok?   I agree, no need to hang myself I guess.

 

 

1. I the Defendant contends that the particulars of claim are 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 have in the past had utility dealings with E.ON but do not remember the specific account number the claimant states, nor ever leaving any debt owed by myself to them. the claimant has to date failed to supply any bills or better details despite numerous previous requests and a cpr 31:14 sent to their solicitors by (method date) which remains unanswered to date.

 

3. 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 nor what specific period it relates to, so I am unable to defend accurately until the claimant can particularise and quantify its pleadings.

 

4. A request has been made that the claimant supply evidence in support of their claim by way of a CPR 31.14, but a response is yet to be received.

 

5. The claimant is claiming for a period of time where I was not resident, and therefore not liable for energy costs.

 

6. 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.

 

7. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

8. 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.
        c) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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

 

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

 

 

[dx100uk]

7 should be moved to 2.

 

erm and you also need to fill in (date method) for the CPR ....not leave it like that!!

 

let @andyorch check it too please no rush.... by 4pm tomorrow

 

 

 

 

[Jase1982]

Amended...  I also deleted paragraph 5 as that was already covered in point 3.

 

Particulars of claim

 

1.The claim is for the claimant's charges for supplies of electricity and/or gas to the defendant made under express contracts or contracts deemed by schedule 6 of the Electricity Act 1989 and/or Schedule 2B of the Gas Act 1986 with the Defendant as occupier, consumer and/or site owner by which payment was due within 14 days of invoice.

 

2.The defendant has failed to pay energy/invoices for Account No. XXXXXXXXXX dual at XXXXXXXXX rendered up to 24/09/2021 for £2,347.13.  

 

3.The claimant claims £2,347.13 and £229.94 INTEREST pursuant to S69 County Courts Act 1984 at 8% per annum from the due date to the date hereof and at £0.61 daily thereafter.

 

What is the total value of the claim? £2772.

 

 

 

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

 

2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

3. Paragraph 1 is noted, i have in the past held a financial contract with E.ON but do not recall the specific account number the claimant states, nor ever leaving any debt owed by myself to them. The claimant has to date failed to supply any bills or better details despite numerous previous requests and a CPR 31:14 sent to their solicitors on the 7th January 2023, the claimant has failed to respond to date.

 

4. There was and still remains an unresolved dispute with EON which was never resolved in respect of the alleged debt. Furthermore, the claimant has given no details as to the breakdown of their claim nor what specific period it relates to, so I am unable to defend accurately until the claimant can particularise and quantify its pleadings.

 

5. The claimant is claiming for a period of time when I didn't reside at said property, and therefore not liable for energy costs.

 

6. 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.

 

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.

[dx100uk]

By 7th January??

 

On 7th Jan by (method.... what type of postage did you use . geddit yet????)

[Jase1982]

Ok, I can change that but I don't seem to be able to edit a post