I have made a SAR in the hope that the original paperwork that I sent them in September 15 arrives in the bundle - a long shot maybe.

OK thanks DX100 I will edit it a bit and keep it brief then. I calculated I had until the 20th Aug to file the defence, I am going to do it today. when you mention 4pm did you calculate it to b yesterday at 4PM ie the 18th ? thanks Dave

Just wondered if anyone can cast their eyes over the above to see if I am on the right track for filing a defence. And if there is any other information that I might be able to provide ? Many thanks for taking the time to read this post. Cheers Dave Defence Re utility supply to The Tenant moved into the above property on 1/09/15. EON was advised by post of new tenant details and the meter reading (as per the photo 1/09/15 (photo). EON visited the property and the tenant allowed access in November 2015 to allow a meter reading so EON would have been aware of the tenant living at the property. No further contact was received from EON until an invoice was received to my personal home address (I am assuming EON located this from land registry) requesting the outstanding amount of £ xxx for gas and electric supplied from xxxxxx until xxxxx. I phoned EON (spoke to xxx on xxx at xxx) and provided them again with the above tenant details name date of birth and they advised that they had noted on their records. No further correspondence or contact was received from EON at that time or until July 2017 when I received a further invoice along a court summons in July 2017. S I dispute the amount owed as I have provided EON with the details of the tenant to whom the services were supplied and provided the document signed by the tenant that clearly makes the tenant liable. I have twice supplied the entering meter reading once at the beginning of the occupation and again in February along with the documents signed by the tenant that clearly states that they are responsible for the utilities supplied to the property (highlighted page 2 paragraph 4). EON has outside access to the gas meter yet has continued to provide estimated readings which have been used for the invoice relating to this summons. Encl. Photo of meter reading taken on 1/9/2015 and form with written meter readings. Signed document with highlighted page 2 paragraph 4 showing tenant has signed for reposnibilty of utilites. Notes Meter readings and tenant details posted to EON 3rd September Letter received in January 2017 (first letter to my private home address) states that EON opened the account in my name on the 18th August 15 (but continued to write to the rental property supply address) as they did not have the details of any new tenant and to contact them to provide tenant details which I did. Phone call to EON 31ST JANUARY 2017 to re-advise of tenant details. Advised they would amend their records. Sent photos of meter taken on 1/9/15 and meter reading form when tenant moved in, also copy of the document where the tenant signed to take responsibility of utility supply. Letter received 16/8/17 from EON to say they will report to the credit agencies that my account is in Default. Equifax is already showing adverse details on my account and has affected my credit rating. EON has supplied my gas and Electricity for 17 years to my home address – also shown on the Equifax report as paid on time since account opened.

ok I have a witness statement that the employer of the new owner is prepared to sign for court. He was there when the new owner signed and took possession of the car and also witnessed me (along with another person) post the completed change of owner logbook back in the post. Luckily the post-box is outside the sandwich shop and I have 2 witnesses. I am looking online and it seems that the statement must be marked "witness statement" otherwise it is not admissible in court. is anyone aware of an other "rules" that I might need to be aware of in submitting this to court as a witness statement ? the other witness will be attending with me in person. Thanks ericsbrother, I have spoken to the court and I have a number to fax it through to although they have said it may take 10 days to process but I will take 2 copies with me on the day as well. I have the 2 court cases to refer to, and the case where the DVLA lost their case as the magistrate deemed that there is no responsibility on the seller to contact and confirm that the documents have been received. I see that someone else had made a freedom of information request and the amount of registered post that was lost after it was signed for was amazing and the DVLA still tried to take action against those people who had proof of posting ! I will request the info for updated freedom of information and post of here in case anyone needs it in the future. thanks again for your help and suggestions.

Hi Unclebulgaria thanks for having a look at the details, much appreciated. seeing as you seem to have a huge amount of posts I expect you know your way around ! can you see if I have posted the details back in the correct place ? I see my original post was moved to "legal" but I cant seem to see if I have posted my answers on the on the legal thread or the original thread ? thanks again

Thank you for replying I have completed the answers in green text. Many thanks Name of the Claimant ? E.ON Energy Solutions Ltd (PO box 10126,Trinity House, 2 Burton Street,Nottingham,NG1 4BX) Date of issue 19th July 2017 Date of acknowledged service on 6th August 2017. date to defend - Friday 18th) A claim was issued against you on 19/07/2017 Your acknowledgment of service was submitted on 06/08/2017 at 09:00:31 Your acknowledgment of service was received on 07/08/2017 at 01:05:20 (I left the UK on Holiday on the 19th July and returned on the 5th August to Find the claim in the post. I filed acknowledgement on the 6th at 9am in the morning as shown above taken from the online status details it however says received on the 7th August – does this cause a problem ?) What is the claim for – 1.The claimants claim is for monies owed to the claimant for electricity and /or gas supplied to the premises of the defendant. 2.Pursuant to the terms of supply agreed and /or deemed by virtue of schedule 6 of the electricity act 1989 and/or schedule 2B of the gas act 1986 payment was due to the for energy supplied no later than 14 days after delivery of the claimant’s invoice. 3.The defendant failed to pay the invoices rendered. Energy/invoices for (a) Duel fuel- (address of rental property removed) invoice rendered up to and including 02 June 2017 - £1419.74 4.and the claimant claims £1419.74 and £14.63 interest pursuant to s69 County courts act 1984 at 8% per annum from date invoices became due to the date hereof and continuing at 30.31 (daily rate) per day until judgement or payment. What is the value of the claim? £1419 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Fuel bill When did you enter into the original agreement before or after 2007? No agreement entered into 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. EON Were you aware the account had been assigned – did you receive a Notice of Assignment? I have not received any notice of assignment Did you receive a Default Notice from the original creditor? I don’t believe I have received any default notices – I have received 2 invoices one in February 2017 which I responded to by phoning EON and supplying tenant details. The second invoice arrived in July. I believe these are the only 2 communications from EON regarding the issue, I will check today at the rental address as it is still vacant and see what post is there. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? No payments ceased – energy company likely to have written to “the occupier” at the rented property address it supplied. What was the date of your last payment? N/A no payments Made Was there a dispute with the original creditor that remains unresolved? N/A Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

Thanks for replying I did read in the court documents that if you do not attend the hearing that judgement may be made against you in abscence, so I think unfortunately I will need to attend. DVLA has said they still intend to pursue it even though the new owner has admitted liability. Just reading about the previous court cases and may be looking to refer to previous judges comments regarding the fact that I fulfilled my legal duties by posting the document.

Hello there Utility company is billing me for tenant’s usage – I have rented a house that I never actually ever got to live in! The first tenants registered the utilities in their name, the next tenant who moved in did not. The Tenant moved into property for approx. 12 months and did not register with Gas and Electricity provider. The tenant moved out of the property and EON I assume have found my residential address from land registry and wrote to me in February advising that there is a £1400 outstanding bill. I contacted them and advised that the tenant was responsible and provided them with her details I had on file. I heard no more from them in July 17 I received another bill from them and then a money claim online order for the outstanding amount. This time billed up until June 2017 so I assume that a standing charge is being added. I have looked at a few sites and think that I might need to do the following, I wondered if anyone else has had this problem and if so how it was resolved. I have completed the response pack to advise that I will defend the claim and I now have a further 12 days to file a defence, I was thinking the relevant points for the defence would be; I have notified them of the tenant’s details that I have Name DOB and time at address. The tenant is responsible for the utility bills as stated on the paperwork the tenant has signed. (This was a single family let and not shared accommodation) Is there any further relevant information I should include? Has anyone used a good solicitor to deal with these issues or do people normally file their own defence? I have also seen that a few people with utility issues have submitted a subject access request to obtain the actual readings that have been taken at the property should I need it later bearing in mind it takes up to 30 days to receive the information. Thanks for reading and any input gratefully received.

Hello I sold a car and posted the logbook with the new owner’s details to the DVLA by first class post. (next time I will record delivery – lesson learnt). I received a failure to insure wrote back to them with the details of the new owner and explained that I had written to him to ask him to provide the details of his insurance . I had already informed DVLA that the insurance company he said he was insured with (but not the policy numberI have no proof other than his word that it was insured). The next thing I had through was a court judgement for failure to insure. I contacted the court to advise that I had never received a summons. I completed the appeals procedure and now have a court hearing for a weeks’ time, it says it is a hearing to enter a plea of guilty or not guilty. I did phone the court to ask if this is the time that I need to bring my evidence but the helpline advised they was not sure! the new owner contacted DVLA to advise that he was indeed the new owner and confirm the date of purchase (3 months before the offence) The DVLA have written to me to confirm that he has contacted them to advise he was the owner at the time of the offence but they have written to advise me that as DVLA have me listed as the registered owner at the time of the offence they are still pursuing me. I have read on a few forums and people with similar problems and it seems to be; Informing DVLA by post is the only requirement for me to have complied with the notification. X I have a witness to the posting of the logbook. Has anyone been through a similar process? I am currently looking at a couple of court hearings that the DVLA have been judged against which I think might have useful judgements to refer to. if no acknowledgement contact DVLA has no authority at law in fact the case of Duncan Peek at Horsham County Court in April 2010 it was stated that DVLA had NO STATUTORY POWER for anyone to ring them. Likewise in the case James COLLINS in October 2009 ( Liquid Knights long post) at Clerkenham District Court one had not to prove to DVLA that letter re SORN sent. Up to DVLA to prove otherwise. Any comments or pointers gratefully received, especially for the court hearing. Many thanks for taking the time to read this post.