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buxs

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  1. Is the only legal defense I did not receive the claim forms? What about mitigating circumstances such as my health and flow energy sold the debt while it was still in dispute or are those completely irrelevant? What about the things pointed out in this thread should i add those too or courts won't care? Also is there a legal defense to offering payment and it being refused?
  2. What's the next step can i get it put aside and can i go back to arguing with flow energy again?
  3. This is the only letter i have plus the judgement ML Court 24022020.pdf
  4. It's just a letter dated 24/02/2020 that they have issued court proceedings and them client has instructed them to enter judgement in 14 days from moriartlaw
  5. OK so they said it's my address; It sounds correct. I did notice the address was cut off due to envelope the first characters/door number was missing. Probably grasping at straws but seems strange I would receive both correspondence but not the claim form
  6. I'm about to call them back to double check the address again is there anything else i should ask them. It's strange because he said the claimant was flow energy but on the document i have it say merligen investments with moriarty law as the address
  7. Good morning Just got off the phone with County Court Business Centre sounded some what reluctant to help as there's already been a judgement but after explaining i was looking for a way to challenege this is what they sent me; And he has said the address on the claim form should be the same as the one I provided.
  8. Yep i've just downloaded Cube ACR and tested it out all set.
  9. oh no i didn't know what that was but ill give them a call I'll give them a call tomorrow and update the post with what they've said
  10. Hi, Thank you for the fast replies. I have not changed address since this process I've been same address since 2010. The "debt" was with the Energy ombudsman March 2019 but looks like flow sold it on despite this. I can't be 100% certain as several debt dispute and one with another energy supplier that went under but wanted more money. Honestly I have a really bad time with them especially with their surprise bills. Regarding this I am now able to mobilise inside the house although very limited and with cognitive function at a level where i can tackle this i'm trying to tackle all the issues that occurred while i was down. What i don't want is the stress to exacerbate my condition and be bedbound again. I'm going back through all unopened post and i do not see one from the courts just a letter from moriortylaw from 24/02/2020 of court proceedings and yesterdays judgement in default. Unless there are some letters missing i don't see the court one.
  11. Unfortunately due to my disability, I've been unable to deal with a few debts being predominantly bedbound and I'm trying to go back and clear this up to the best of my ability although I am still housebound. I received a letter stating I have not replied to a claim form and ordered to pay £460. I do not remember the exact circumstances to this issue but I am sure it's energy supplier who has passed on my details although last I knew it was with the energy ombudsman disputing the outstanding balance back in 2019. I assume I spoke to debt collectors once and that was to explain that the issue was being disputed with financial ombudsman.Â* I'm assuming the only thing I can do is ask the judgement to be set aside? Does this just restart the whole process again? What happens or what are my options if I cannot attend court due to my condition? Incase you need this to: (from judgement letter only no claim pack ever received) Name of the Claimant ? Merligen Investements Limited Date of issue – 12-MARCH-2020 Particulars of Claim What is the claim for – 1.THE DEFENDANT OWES THE CLAIMANT £326.95 IN RESPECT OF GAS/ELECTRICITY CHARGES SUPPLIED TO THE DEFENDANT BY FLOW ENERGY LIMITED (DEBT) WHICH DEBT WAS ASSIGNED TO THE CLAIMANT ON 01/11/2019 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 01/11/2019. 2.DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY 3.AND THE CLAIMANT CLAIMS £326.95 AND FURTHER CLAIMS INTEREST THEREON PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8.00% PER ANNUM AMOUNTING TO £26.15. What is the total value of the claim? 351 + 107 cost Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I think thet called me once Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO 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 ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not as of yet 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. Orginal debt was with Flow Energy Were you aware the account had been assigned – did you receive a Notice of Assignment? I received a phonecall saying they were chasing debt on behalf flow energy Did you receive a Default Notice from the original creditor? Not that I am aware Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not that I am aware Why did you cease payments? I was disputing the outstanding balance with Energy ombudsman and I couldn't afford to pay debt + higher rate energy direct debit due to low income/disability What was the date of your last payment? March 2019 Was there a dispute with the original creditor that remains unresolved? Yes although checking back on my emails the ombudsman had made a decision i wasn't aware of but they gave me a bill after winter with estimated bills. I think they didn't take money out after the discussion and then they chased me up and put payment plan and instead of taking what agreed they added £100 more. They corrected this but i still couldn't offered to pay for both the debt and current energy bill. They did not take my disability or low income into account and i took it to the energy ombudsman and switch suppliers in the mean time. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I told them i couldn't afford to pay debt + energy bills. They would not let me pay lower than £40.
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