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Aterlatus

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  1. Just a quick update to keep the thread alive - been transferred to my local court and waiting for any word from them.
  2. The mediator called this morning to check in and agreed to cancel mediation due to lack of information. Now to get reading up on the next step...
  3. Is it reasonably "safe" to provide some of the detail to the mediation service to see what they come back with in the morning, or do I need to keep it to the more basic "Insufficient information has been provided"?
  4. Yep, so I got the DQ from Overdales, followed by one for me to complete from the courts a few weeks later. Filled that out as per advice I got from other similar threads, including agreeing to mediation. (Edit: Returned around start of Feb) In the meantime, I've had several letters from Overdales asking me to agree to partial payment which have been "appropriately filed". They've also sent out a copy of the final bill which doesn't answer my original dispute. Mediation is scheduled for tomorrow, but I've still not had anything that justifies the claimed amount so my perspective is the account remains in dispute. As a recap, I did have an account with eon, I did make regular payments and give regular meter readings but somehow they decided I used over £500 of gas in a month. Disputed it, but kept making regular payments for what I was actually using. They did nothing with the dispute and sold the account to Lowells some 5 1/2 years later. Now I can't even get copies of bills or meter readings from the disputed period (and likely Eon wouldn't have the details either, with it being over 6 years ago).
  5. Particulars of claim 1.The claim is for the sum of (£600) due by the Defendant under a E.on Energy Solutions Limited account with an account reference of 01234567890 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 30-09-20, 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 (£50). The Claimant claims the sum of (£650) Draft defence: 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 Energy Solutions Ltd in the past. I resided at the property of supply from (August 2015) up until (April 2016) at which time I vacated the property and moved to a new address whereupon my new supplier was Npower and therefore it is not possible to leave a remaining unpaid balance. During the period of supply I made contractual payments to the sum of (£800) to Eon Energy Solutions Ltd. 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 what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings. 4. 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. 5. The claimant has thus far been unable to produce any evidence that the alleged debt has been legally assigned to them. 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. 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.
  6. I've had a response to the CPR now. Letter with redacted details is attached. There was also a final statement from Eon included which still doesn't give me the information I need to verify the legitimacy of the bill (unsurprisingly - eon couldn't produce it when I first disputed). I also note there is no account number on that final bill to verify. Any tips before I get the defence drafted up this evening? How far do I go with it? The POC is extremely wooly so keeping just to the points will be difficult, but I don't want to hand over the back story if they don't already have it. Overdales.pdf
  7. Okay, that makes sense. Glad I didn't ask for one now (wasn't in the POC).
  8. AOS complete and CPR is in the post. The one thing that jumped out at me whilst putting together the CPR request was that there's no reference to a default notice in the POC, although Eon did stick a default on my file in 2019 (long after they stopped supplying and with no default notice).
  9. Thanks dx - just reading through a few threads now. One point to note - the account number in the POC doesn't align with the account number I see on my credit file. Thought it best to drop that in here before I forget!
  10. Answers as per the sticky are below. Rounded numbers in brackets. Name of the Claimant ? Lowell Portfolio I Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/10/2021 16/11/2021 to acknowledge 30/11/2021 to defend Particulars of Claim 1.The claim is for the sum of (£600) due by the Defendant under a E.on Energy Solutions Limited account with an account reference of 01234567890 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 30-09-20, 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 (£50). The Claimant claims the sum of (£650) Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I have a letter from Overdales (11/08/2021) headed "Letter of Claim - 30 days to prevent legal action" if that fits the bill... Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, although Eon were aware of the new address - the bill is from my last property. What is the total value of the claim? Around £650 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No, utility bill Do you recall how you entered into the agreement...On line /In branch/By post ? Over the phone When did you enter into the original agreement before or after April 2007 ? Mid 2015 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, from Feb 2017 to Feb 2019. Account was open until I moved in early 2016 but there is no history from that period. 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. I think it was sold to Lowell, but it was some time back so memories are sketchy. Were you aware the account had been assigned – did you receive a Notice of Assignment? I recall seeing something when it went to Lowell, but couldn't find the letter for the details. Did you receive a Default Notice from the original creditor? No N/A Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No N/A Why did you cease payments? Outstanding amount is disputed (resulted from two months significantly increased bills - circa £250/mo). Disputed with Eon at the time who were uninterested and would not respond to communication. What was the date of your last payment? Circa April 2016 Was there a dispute with the original creditor that remains unresolved? Yes - small 2-bed mid-terrace house had significantly increased bills for two months compared to the surrounding months (circa £250/mo). Asked for additional information and for the meters to be checked but was ignored. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. My primary concern now is I could really do without this ending up as a stain on my credit file - hoping to be buying a house for my family within a few years. Is it still the case that even if it gets to court and the judgement was against me, a rapid payment would prevent it going on my credit file? I'm also obviously open to any support that is available in fighting this!
  11. Checked over the last few hours with nothing on but the pilot light and it's coming out at around 3kWh/day. At least that suggests there's no dodgy leaks or suchlike. I'll monitor it over the next few days and see how realistic the numbers are. Thanks for the feedback. I should add that I'm not entirely convinced the boiler is in a good state of maintenance. It doesn't appear to be too old, but we've had no hot water in the kitchen since late November (around the time the gas use started rocketing), although we get it in other rooms OK. Landlord hasn't been interested despite constant calls (got as far as a plumber coming out and suggesting the tap just needs a washer, but never returned).
  12. It was - it's now set to be on for a few hours a day (temperature controlled still).
  13. Can anyone help me out with some sanity checking? Based on meter readings, from 9th December to 4th March (86 days) I've used 8,601kWh of gas. 100kWh a day seems an awful lot to me given that the house hasn't felt particularly warm (albeit not particularly cold most of the time either). Since the last bill, I've managed to put 943kWh through the meter. 85kWh per day again seems quite high to me. It's a two bed mid terrace (circa 1910) that came in as a 'D' on the last EPC. Do these numbers seem reasonable to anyone? I never used anywhere near this much gas in the last house I was in (2-bed semi, albeit more modern).
  14. MCOL have confirmed that it's been stayed at the start of the month after the other side didn't respond to my defence. Just a waiting game now then, I guess.
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