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spesh88

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Everything posted by spesh88

  1. Thanks. Not sure how they got my email address. Maybe from Eon? But I don't remember disclosing it. I don't understand what you mean by cut that off or when the disclosure stage is. Can you explain please?
  2. Received an email very recently from an individual at Lowell who cc’d their ‘complex team.’ They note receipt of my defence and then a few points made: 1) There’s enough info for you to ‘identify the agreement’ 2) You accept you were at property; we’ve given you the final bill, final balance not paid. 3) Checking whether dispute ongoing with client… final bill itemised, yes they were estimated, can you confirm you provided meter readings? 4) Blah blah, you are liable. 5) Evidence of liability provided via final bill. 6) Original agreement not required as: Utilities contracts are not regulated by the Consumer Credit Act 1974… no legislation requires assignor to retain a copy of the original agreement… statement shows had use of services… bill addressed at previous residence, indicates existence of an agreement… a copy of the Notice of Assignment attached also sent to previous address etc. 7) Points above address your point 7 Points above address your point 8 Our client wants to resolve, blah blah…. Propose lump sum payment to settle of £17X.XX. Offer open until XXth March etc. Any action required on my part here? I’m assuming not but thought it worth checking.
  3. No worries, just wanted to be certain, thanks again. I've submitted now, so I guess the next step is waiting for it to be assigned to my local court?
  4. Can I just check. Should I also include the POC in the copy and paste into the form on MCOL?
  5. Thanks Andy - much appreciated. I noticed that there are two point (4)s above, so I'l amend that and subsequent numbering, but otherwise looks great - thanks. I'll submit via MCOL now, hopefully without problem.
  6. I will have to submit defence tomorrow between 2pm-4pm, so will go pretty much with previous draft, but would appreciate input prior if possible, thanks!
  7. Thanks Andy, much appreciated. Please could you remove the previous attachment though - I missed an indentifier - apologies. Will reupload with further redaction. Combined Bills Redacted v2.pdf
  8. The £154.09 takes into account the previous payment of £41.28 in the bill itself. The final bill lists all of the 'usage' from 21/04/17 to 17/10/17, includes the £41.28 payment, and also the £900 charge and the ~£750 credit as well as around a dozen entries for further usage to result in an end figure of ~£154. But everything is estimated and there is no explanation of the £900 other than listing a number of used kw, that is later ignored for other readings nor is there any justfiication/explanation for the credit added back in. Perhaps easier to scan and pdf (with identifiers redacted)? Bills with account details redacted. This was for a studio apartment.
  9. Yes, due Mon 15th. The claimant's particulars are vague, yes. Though they have sent me a bill with details in the past.
  10. Thanks, i see what you mean. Whilst I suspect the claimed amount is for electricity supply yes, it is without specificity or evidence, all estimated and no clarification on addtions of £9XX or subtractions of £7XX to what they claim I owe. But I guess that is dealt with in points 5 and 6? So perhaps ditch point 3 and 4 at this stage then and submit the rest?
  11. Particulars of Claim for reference only. 1) The defendant entered into a supply and service agreement with E.on Energy Solutions Limited under the account number XXXXXXXX (‘the Agreement’) 2) The agreement later ended but a liability remained outstanding for payment 3) The Agreement was later assigned to the claimant on 12/07/2019 and notice given to the Defendant 4) Despite repeated requests for payment, the sum of £16X.0XX remains due and outstanding. And the Claimant claims a) The said sum of £16X.0XX b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.0XX, but limited to one year, being £1X.XX. c) Costs 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 r 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 in the past. However, from 17th October 2017 I vacated the property and moved to a new address whereupon my new supplier was British Gas and therefore it is not possible to leave a remaining unpaid balance. 3. 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. On 9/9/19 I wrote to the claimant ‘Lowell Financial Ltd.’ in regard to the Financial Conduct Authority (FCA) Consumer Credit sourcebook stating “In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.” The claimant failed to respond with evidence as to my liability yet continued to send letters regarding ‘outstanding accounts’. 5. The claimant openly admits that they do not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated. 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 attached to or served with the particulars of claim and the original(s) 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. . Draft defence above - I'd appreciate your feedback, thanks. Can i submit okay via MCOL? Otherwise as my deadline is next Monday at 4pm, I'd want to send ASAP, i.e. today or tomorrow morning at the latest guaranteed next day. A couple of further points/questions: - Should I remove point 2? As I did not change supplier at the original address, but moved house to a new address. - I do not know why I stated above in post #2 (3) that I was made aware of the agreement was assigned the claimant and given notice – I have no record of that (perhaps it was from a copy and paste). I can only therefore assume I was not made aware. - There is a further error above in “why did you cease these payments” which states “subsequently ‘credited’ my account with about £3800-900” it should read “subsequently ‘credited’ my account with about £750” - MCOL updated my address they confirmed via email. - I have not heard back from CPR 31.14 A chronology here of my records, as accurate as I can get. I'd appreciate it if someone could advise if I should remove this or if it means I should change anything in my defence. Chronology ---------- 21/04/17 - Moved into property UNKNOWN - Visit from someone (Eon rep poss) - gave my details inc. date moved in. 05/06/17 - Eon estimated bill £41.28, period 21/04/17 to 05/06/17 27/07/17 - May have submitted meter reading (which they may have used for subsequent incorrect bills) 01/08/17 - Paid Eon £41.28 19/09/17 - Eon estimated bill £916.39, period 05/06/17 to 19/09/17. They acknowledge my payment of £41.28 17/10/17 - Vacated property, moved to new address. 14/11/17 - Sent message via Eon website informing them of my new address and querying £9xx bill 20/11/17 - Eon estimated bill £154.09, period 21/04/17 to 17/10/17. Includes credit of £735.14. No explanation. Sent to my new address. 10/12/17 - Eon reminder request for £154.09 29/12/17 - Eon reminder request for £154.09 and threat of DCA 31/01/18 - Eon 'last chance' request for £154.09 and threat of DCA 09/03/18 - Wescot requesting payment 26/06/18 - LCS requesting payment 06/07/18 - LCS requesting payment 16/07/18 - LCS requesting payment 28/12/18 - Pastdue requesting payment 14/01/19 - Pastdue requesting payment 30/01/19 - Pastdue requesting payment 17/02/19 - Wescot requesting payment 27/02/19 - Wescot requesting payment XX/02/19 - Moved to new address 27/03/19 - Pastdue requesting payment at new address 12/04/19 - Pastdue requesting payment 29/04/19 - Pastdue requesting payment 29/08/19 - Pastdue requesting payment 30/08/19 - Lowell Financial requesting payment 09/09/19 - Sent 'Prove it' letter to Pastdue. 09/09/19 - Sent 'Prove it' letter to Lowell Financial Ltd. 16/09/19 - Lowell Financial requesting payment 26/09/19 - Lowell Financial Ltd. send copy of final bill XX/10/19 - Moved to new address 20/07/20 - Lowell letter 'get an understanding of my situation' at new address 29/09/21 - Lowell letter 'get an understanding of my situation' 30/10/21 - Lowell letter 'your outstanding accounts' 20/11/20 - Lowell Solicitors letter 'notice of acting' 20/11/20 - Lowell letter 'passing to their solicitors' 19/01/21 - Lowell Solicitors 'Notice of Claim issued'
  12. I have AoS using MCOL. Slight issue in that it has an old address listed and I had no way of changing it using the system. I have emailed [email protected] to ask them to amend/update, but don't know if that will work. Regardless, at this point I don't think it changes what i need to do - but correct me if I'm wrong. So, next step would ordinarily be "get a CPR 31:14 request running to the solicitors asking for all relevant bills" Is that correct? Having said that, I have copies of the bills from Eon, and Lowell have also sent me copies of bills. Should i still go ahead with this regardless? Folowing this, my next step would be filing my defence, correct? And, now that I've done the AoS. I'd really appreciate a sanity check on when I need to file my defence by if that is indeed the next step. I'll be looking at more threads. I'd like to be able to put all of this to one side until Feb 3rd (I have an absolutely crucial - 5 years of work to get to it - deadline of 2nd Feb for something I'm working on that is totally unrelated but is eating up all my time until then). Am I correct in thinking it's okay to leave this until Feb 3rd now?? Thanks again for your help thus far. Donation made.
  13. Thanks - I'll go through that process. Apologies, didn't see that about not c&p the template. However, unfortunately, I no longer seem to be able to edit that post, perhaps you or another site admin can remove my template?
  14. Thanks, have been through the links. So if i contest, can you confirm this is the process please (quoted from a different thread and post of yours I believe, I just wanted to check this is correct and relevant in my case): pop up on the MCOL website detailed on the claimform. . register as an individual note the long gateway number given then log in . select respond to a claim and select the start AOS box. . then using the details required from the claimform (not sure what this is yet) . defend all leave jurisdiction unticked. click thru to the end confirm and exit MCOL. . get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] asking for all relevant bills (So send the CPR 31.14 to Claimant address, - correct? Copy of my draft version below)
  15. Sorry, can you just confirm and explain this a little further. Are you saying that if it goes to court and I am ordered to pay, then as long as I do pay within 28 days there will be no record whatsoever on my credit file?
  16. Thanks for the advice. I will email them saying I will pay. Do i need to get it in writing by reply that they will withdraw the action if I pay? Is there any other specific action I need to take other than pay in the manner they request? And just to add - what action do I then need to take (if any) with the claim form?
  17. Completed the 'received a claim form' post questions. Name of the Claimant ? Lowell Portfolio Ltd Date of issue – 14 Jan 2021 Date to submit defence – 15 Feb (edit - dx) Particulars of Claim What is the claim for – 1) The defendant entered into a supply and service agreement with E.on Energy Solutions Limited under the account number XXXXXXXX (‘the Agreement’) 2) The agreement later ended but a liability remained outstanding for payment 3) The Agreement ws later assigned to the claimant on 12/707/2019 and notice given to the Defendant 4) Despite repeated requests for payment, the sum of £16X.0XX remains due and outstanding. And the Claimant claims a) The said sum of £16X.0XX b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.0XX, but limited to one year, being £1X.XX. c) Costs What is the total value of the claim? ~£250 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I believe this is the first time I have been made aware of this claim. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, more than once. Did you inform the claimant of your change of address? Once yes, subsequent occasions, perhaps not. 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. Do you recall how you entered into the agreement...On line /In branch/By post ? Don’t remember, but it certainly could have been signed in person at my front door. Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No, I cannot see it on creditkarma. 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. Originally Eon, assigned to a variety of debt agencies (may be nameplates for the same one?) before now being with Lowell. Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so, but not certain. Did you receive a Default Notice from the original creditor? Not that I can recall, but it is possible. Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not that I recall. Why did you cease payments? I did not have access to the meters in a locked room in a building with several apartments for a period of around a month. I had no way of knowing whether Eon’s readings were correct, accurate or estimated. They also made mistakes on my account adding around £900 for no given reason. I had to challenge these and they subsequently ‘credited’ my account with about £3800-900 – presumably to kind of balance out this error. Perhaps this value was from a previous apartment occupant or a misreading? What was the date of your last payment? I am not certain, but it could have been June 2017 Was there a dispute with the original creditor that remains unresolved? In a sense yes, because I could never be certain the final bill was accurate and it seemed high. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.
  18. Hello, I have received a Claim Form from the County Court Business Centre for around £250 from Lowell who believe I owe them for a previously unpaid debt with Eon. Whilst there were a number of inaccuracies and very poor practice from Eon (I didn't have access to the meters in a shared building, they AFAIK didn't provide me with any evidence of those readings either, but I suspect if they had access, they didn't have to), I believe the debt may well be accurate and their claim will probably stand up in court. I will be looking to get my first mortgage in the next 12 months and despite having a previously poor credit score, have built it up to be reasonably good now. Under no circumstances do I want to risk court orders/CCJs damaging this rating. I have had great advice from these CAG forums and forumites before - I successfully stood up to Hoist regarding their claim of a significant debt and did not go to court (they pulled out on the last day), i am no stranger to these things, but I do not have the time to go into such detail on this one, certainly not when I can afford to pay the £250. I am therefore prepared to pay this, but my question is, if I do so, will the claim process be dropped and will I therefore avoid having to go to court? Will my credit rating be affected anyway? If my credit rating will be damaged anyway even if i paid, then I would potentially go through the detailed process of illustrating poor processes etc from Eon/Lowell to illustrate their mistakes and contest the fee. Thanks in advance for any and all advice.
  19. Perhaps I should wait until officially struck out and then request for it to be removed from my credit file?
  20. Just had a letter from the court stating: "IT IS ORDERED THAT 1. Unless the Claimant, by 4.00pm on 21st October 2016, complies with paragraph 1 of the order made on 26th July 2016 the claim shall be struck out." Also says that if they do comply, I have until 4th Nov to comply with paragraph 2. I assume all of this is just tidying up the case from the court end and no further action is likely to be taken. It does surprise me however, how long it has taken to get to this stage and also, that the deadline is just one day after I received the letter! With regards to another issue I brought up earlier, my credit file (at least according to noddle) still claims that I owe Hoist £9.2k despite this case (perhaps it will disappear once struck out?) and despite it now being over 6 years since I originally defaulted. The last update to my file was Oct 2016 saying "account has defaulted" as it has done throughout. Any advice on this? I can dispute via noddle I think, but other than that, not sure of how to proceed.
  21. Thanks for all your help (and dx too), I definitely would like to make a donation. A couple of further questions I'd like to ask if you don't mind. 1) Under what circumstances can they bring this back to court and how long do they have to do so? 2) If this showed on my credit rating, would it 'disappear' this month, if I had defaulted Sep 2010? It will be 2018 before 6 years have passed since I last made payment, but the default notice was issued September 2010. It is my understanding that they need the permission of the judge to bring this back to court - presumably a judge would want to see the documents previously requested - if they could produce them, then I assume the case could go back to court prior to 2018?
  22. Today I received a letter from Howard Cohen & Co. "...After further consideration, we have been instructed by our client to discontinue County Court proceedings against you. Therefore, please find attached our client's Notice of Discontinuance. We confirm that the same has been filed at the court. We trust this concludes the matter." So, that's good, right?
  23. So just wait until the 30th? What should I be sending in a further statment?
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