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.

 

 

 

[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

[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..

[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 

[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. 

[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

[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

[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

[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.

 

 

[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.

[Jase1982]

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

[Jase1982]

 

Thanks for checking.  Sorry, are you saying there's a few tweaks I need to make, or is it in your opinion good to go as is?

Edited January 18, 2023 by dx100uk
unnecessary previous post quote removed

[Jase1982]

Hi guys, I've not heard anything more on this since I submitted my defence.  Not heard anything from the CPR, which was sent out a month ago.  How long should I wait for anything to happen?  Do I just wait indefinitely?  MCOL just says defence submitted.

 

Funnily enough I also have 2 others that are sat there from three years ago and the last update was me submitting a defence.

[Jase1982]

I haven't received anything yet ...  I am slightly concerned because on MCOL it stated my address as the one I lived in several years ago, but when I called them they said to ignore it as the address they could see was where the court papers were initially sent to (My current address).

 

I'm just wondering whether it's best to leave it or whether I should be phoning MCOL again to see if they had any update

[Jase1982]

Morning,

 

Coincidentally, yesterday I received an e-mail from E On... They have sent a few letters, which I attached redacted versions.

 

I find it odd they seem to be responding outside of the court process, and have ignored my CPR 31.14 request.  They have also ignored the error on the court form relating to the dates they said they were claiming for.  I've got no record of the letter before action they claim they sent in October.

 

Any advice would be appreciated.  I have until the 17th to respond to them 

 

I need advice on what the process is for dealing with this outside of the court process as they seem to be admitting they didn't follow the pre action protocol and they have sent me something that was supposedly sent in October, but I've checked and I've got nothing from then.  I need to know what the Tomlin order entails and why they're saying it would cost another £100.

 

Apologies, I've gone through them and redacted everything else I missed.  I've attached a copy of the claim from MCOL as well.

 

I agree.  I'm not too bothered at this stage because they're 1. trying to come across as though they're doing me a favour by not going through the court system and 2. they aren't providing me any detail.

 

I'm just unsure how to approach it at this stage.

 

reply to defence+Bills+LOC .pdf

[Jase1982]

Sorry, just noticed the MCOL sheet cut the top off.  I've attached it again.

 

The last entry just says that my defence was received 18/01/2023

 

mcol status.pdf

[Jase1982]

So, what do you suggest I do about the e-mail they sent?

[Jase1982]

Thankyou.  Am I right in thinking they only have until 20th February to do something?

[Jase1982]

it's now the 16th March and I've not heard anything. 

 

MCOL remains the same. 

 

Last input was that the defence was received 18th Jan. 

 

Not had any letters through the post or further e-mails.

 

What should I make of this at this stage? 

 

Surely I'd have heard something by now? 

 

Their e-mail gave me until 17/2 to respond.

[Jase1982]

Hi, so, I randomly checked MCOL today and saw that the claim had been updated with the following:

 

Case stay lifted on 03/04/2023

DQ sent to you on 03/04/2023

 

Any advice on what this means?  I guess I should receive something through the post shortly

[Jase1982]

So, the numpties at the court altered my address to my old address from 6 years ago, so I never received the form. 

 

They have sent me an electronic DQ to fill out and send back via e-mail as the deadline is today at 4pm, but what would you say I do about getting a copy of the DQ to the claimant?

[Jase1982]

I'm a bit confused about the reasons for selecting with or without a hearing?  Why wouldn't I select yes to no hearing?  I don't intend on going to court regardless of which way any of this goes anyway

[Jase1982]

Ok, I'm still no clearer but I'll put no and hope for the best

[Jase1982]

Well I'm hoping something comes out of mediation or they give up as does happen with lots of these cases.

 

There's also a column at the top next to claimant no. that says 'in the'... do you know what I put here?

 

thanks

[Jase1982]

Morning, I received the attached copy of DQ form through to my email today.  Which is over 2 weeks after the deadline.  Is this allowed?  Had I not filled it in time I'd lose.

 

I also received a copy of Notice of change of legal representative form, which isn't great, so I've been unable to properly redact it and attach it here.  In summary, it basically says that they are now no longer represented by the legal representative stated on the claim form, and he will now be representing the case himself.  His position is Litigation officer.

 

Two things struck me ... 1. why would they send all this via e-mail when there's no guarantee I'd receive it, and given they instructed me to send all correspondence to their legal representative (who now is no longer involved in the case), they probably wouldn't have received a copy of my DQ form as I sent it to their legal representative.  Were they ever involved at all as I've not had a response to my CPR request.

 

2. Where it asks whether the case could be considered without a hearing, they have ticked yes.  So, they are basically saying that here is a bit of paper and here is a figure owing, this is what you owe and the case is closed and shut.

 

Any advice would be appreciated as MCOL still has no update since 3/4/23.

 

Claimants DQ by email.pdf