EON/WEDLAKE BELL Claimform - estimated billing dating back 16 months

[dx100uk]

adapt this it gives you the bare bone. i expect you did get a letter of claim so drop that point. as for defence reasons simply put all bill are estimates .

you also need to sent wadlake a CPR 41:14 but get this defence sorted PDQ.

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]

its ok for them to add the court fess.

back billing probably wont apply as they did send bills regardless to them being either wrong or only estimates.

as an aside, you seriously should not have let this meter reading issue continue for SOOO long, and not get a family friend neighbour or someone to get the app going so you could input your own readings or even use their website to tell them the readings regularly. every energy provide has on line  portals to do this....or get smart meters installed? they are free and totally take away the issues!

so we have it on file for later, can you please post up the actual defence your filed please too.

dx