Lowell/Overdales PAPLOC Now Claimform - old disputed British Gas Util Debt

[soldierx]

Man, you are a life saver. I wouldn't know where to start with these things. Thanks very much. 

I've had a look at the thread which closely resembles my case. Just worried about time here. I need to prepare a defence and get it to the court by Friday, Can i ask for more time?

[Andyorch]

Quote

Can i ask for more time?

 

You could have but no now so close to the deadline.

 

 

 

.

[soldierx]

Hi guys, 

I spoke with the court this morning regarding the mcol password and he advised that I could email it across, but worryingly he told me that I have missed the deadline. According to him the deadline to file a defence was 3rd April. Is this right?

[Andyorch]

Claim issued 6th March + 33 days = 7th April by 16.00

[dx100uk]

get it up here

 

 

[dx100uk]

not sure why you posted up an unredacted copy of the claimform?

hidden.

 

we need your proposed defence 

[soldierx]

Sorry, I thought you asked for the claim form. I haven't prepared my defense as I have no idea what to write.  I need lots of help.

[dx100uk]

20 hours ago, dx100uk said:

Lowell Claimform - old British Gas util debt. - Financial Legal Issues - Consumer Action Group

Merligen/Moriarty Claimform - old Co-Op Util Dual fuel energy debt - Financial Legal Issues - Consumer Action Group

Lowell/Overdales (Eon) N1 Court Claim received...***Claim Discontinued*** - Legal Successes - Consumer Action Group

EDF/Wedlake Bell LLP PAPLOC Now Claimform - old Dual Fuel Energy Util Bill for old property - Financial Legal Issues - Consumer Action Group

Lowell claim form - old EON utils bill ***Claim Discontinued*** - Page 2 - Legal Successes - Consumer Action Group

 

 

 

we dont nurse maid.!!

 

you've had 2 months to get reading up here ...CAG is predominantly self help, or at least try!

 

get you ideas up quick.

you only have till 4pm friday

 

[soldierx]

1.the Defendant contends that the Claimants 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.I have not entered into an agreement with British Gas. As British Gas were the energy provider of the property I moved into, I was required to furnish them with my details in order to change to a new provider, subsequently British Gas failed to transfer my Gas account to my new provider.

3.Where a claim is based upon a written agreement 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 under civil procedure rules Practice Direction 16 (7.3).
 
4. Therefore  with the court's permission the Claimant is put to strict proof to:-

a) show and disclose how and where 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.
 
5. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.

 

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

 

How is this?

[dx100uk]

On 13/03/2023 at 19:07, soldierx said:

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I'm not sure, I received a letter advising that if i didn't pay, then a county court judgement will be issued against me. 

 

did you get a letter of claim and it had a reply pack wanting I&E details?

 

you also need to mention you sent a CPR 31.14 by royal mail xxxx date , to date the claimants solicitor has failed to supply any bills, only a notice of assignment.

 

 

[soldierx]

Once again, Thanks DX100uk, I have added the CPR 31.14. 

I don't recall any request for a I&E whatever that is. 

Would you say that this is now ready to send over?

 

1.the Defendant contends that the Claimants 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.I have not entered into an agreement with British Gas. As British Gas were the energy provider of the property I moved into, I was required to furnish them with my details in order to change to a new provider, subsequently British Gas failed to transfer my Gas account to my new provider.

 

3. I have sent a CPR 31.14 by Royal Mail on17th March 2023, to date the claimants solicitor has failed to supply any bills, only a notice of assignment.

4.Where a claim is based upon a written agreement 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 under civil procedure rules Practice Direction 16 (7.3).
 
5. Therefore  with the court's permission the Claimant is put to strict proof to:-

a) show and disclose how and where 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.

 

 

[soldierx]

Update on situation....

 

Hi All, 

 

Well, following my defence the court sent me a letter acknowledging said defence.

The court advised that the claimant has 28 days to contact the court after receiving a copy of my defence otherwise the claim will be stayed. 

 

The court sent me the letter on 6th April 2023. 

 

I then heard nothing until today, the claimants (Overdales), sent me a letter. (attached) 

 

I think its safe to ignore this isn't it? 

 

 

overdales letter.pdf

[dx100uk]

yep safe to ignore

the claim is well autostayed.

 

if they want to do anthing now they'd have to file an N244 @£275 to lift the stay.

of which the court would inform you of such.

though dont move without updating the court+claimant for 6yrs

dx

 

[Andyorch]

£108.00 application to lift a stay does not require a hearing DX

[soldierx]

I just want to say big thank you for all your help. I'm pretty dim when it comes to legal stuff and this was a great help. Thank you.