She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened? I also saw this article recently which could be what has happened here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.

Thanks Andy, She has now received a Notice of Proposed Allocation to the Small Claims Track and a DQ to fill out and serve on all parties by the 29th April. Is there anything we need to be aware of here?

Thanks, my understanding was that they needed to prove she lived there. Just wanted to triple check.

Thank you all very much. Defence submitted. Will update as and when.

Ok, Thank you. so if I remove point 6 the rest is good to go?

Have they sent a Notice of assignment? Is that one of the documents provided?

Thanks! I've attached the PDF of what they sent as requested 2023-10-23 Overdale CPR Responce.pdf

Thank you. I asked for Notice as per your template on this site. I guess they refer to Deed as that is probably a template they use themselves. I'll get everything scanned in at some point and post a draft defence. Many thanks

HI. Overdale have responded to the CPR31:14 request as follows: "This debt does not arise under an agreement for credit and therefore it is not regulated by the Consumer Credit Act 1974. This means that the original creditor is not required to retain a copy of the agreement, if it was in writng, and therefore we are unable to obtain a copy. If the matter proceeds we may ask the court to accept that there was a contract based on other evidence that may be available. Accounts of this type can be obtained by telephone, over the internet and therefore it is possible that no signed contract ever existed, or that this was entered into by electronic signature online. There is no legal requirement for the assignment of debt to be in the form of a deed. in most cases this is done by simple contract (a debt sale agreement). Our client is under no obligation to disclose the debt sale agreement to you. This is a private contract between our client and the original creditor, the terms of which are commercially sensitive and confidential. No part of the debt sale agreement could provide, support or assist in any defence you may wish to raise, and you have neither need nor right to be privy to that content. Our client will not disclose this information to you and no other agreement/novation agreement exists or has relevance to this matter. The Notice of assignment was sent to you which discharges our obligation and a copy of this has been enclosed. A default notice is a technical notice required by the consumer credit act 1974 in certain circumstances in relation to credit agreements. as this debt does not arise from a credit agreement, and is therefore not regulated by that act, no default notice would have been sent." They have attached a final bill from EON covering an outstanding balance on the FEB 21 bill and a final amount up to April 21. This was around the time my partner moved in and set up her account with Scottish power, so it appears they want her to pay for the period before she moved in. There is a letter from Lowell dated Sept 22 stating they have bought the debt from EON. There is a letter from EON stating that they have sold the debt as per the terms and conditions. Strangely this letter has no letterhead or other markings from EON. What points do I now need to raise in the defence?

Thank you. I have checked and this debt is not on her credit file according to clearscore.

OK, They have her current address now anyway. This shows on her clearscore account under Lowell but not under Argos/Home retail etc. What is the best course of action?

Which Court have you received the claim from ? Issued from Civil National Claim Centre Name of the Claimant ? Lowell Portfolio LTD How many defendant's joint or self ? 1 Date of issue – 5th october 2023 date to acknowledge = 23/10 date to defend - = 06/11 Particulars of Claim What is the claim for – 1. The claim is for the sum of £552.43 due by the defendant under a E.on Energy Solutions Limited 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 26-08-22, 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 £44.19 The clamant claims the sum of £596.61 What is the total value of the claim? 736.61 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Possibly 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 April 2007 Do you recall how you entered into the agreement...On line /In branch/By post ? No. Don't believe she did. Believes her uncle added her name to the account when she moved into his address Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Lowell shows up on Clearscore. Not E.on 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. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? unsure Did you receive a Default Notice from the original creditor? No, probably sent to old address Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Possibly Why did you cease payments? Unsure. Uncle was making payments. Defendant never has What was the date of your last payment? Unsure Was there a dispute with the original creditor that remains unresolved? Yes, rang Eon to dispute the account but they put phone down on her Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

She has moved at least once. The last time she tried to make a payment to the account the app wouldn't work and customer services couldn't find an account. I assume it had already been passed on.

My partner has received a claim form for a debt owed to EON of £600 from Lowell via Overdale Solicitors. She has until wednesday to respond. The money relates to an address of her uncles, who told her he would pay all bill for the time she stayed at his house. She never set up a contract with EON. How does she best defend this claim? Thanks