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  1. So having followed the instructions here I have received notification that the case is to be discontinued and the court has returned my paperwork. Thank you very much for your advice.
  2. Your defence was received on 11/05/2023 at 08:05:52 Case Stay Lifted on 18/07/2023 DQ sent to you on 18/07/2023 is what it says
  3. I have followed your guidance thus far and have received a letter from the solicitor stated that the complaint against British Gas was closed and they have no evidence the meter wasn't registered. They also say they have a final bill sent to me in my name and then go on to offer me a settlement. I have documents that I can send from Community Law discussing the meter issue and I also note that the final bill is the only bill I received during that whole period. I'm just wondering what the next step should be.
  4. Both with British Gas, I was told this by the housing association but when I contacted British Gas they said they couldn’t find meters and must be unregistered so no account, no bills, who was I supposed to pay?
  5. I had to get my local community law team to sort it out for me because BG just kept saying, meter not registered nothing we can do. I never wanted to be a customer of British Gas I tried to switch as soon as I moved in but this is what I was told and the switch couldn’t go ahead. As they said the meter was not registered I have no way of knowing what I used or even what tariff I was on.
  6. Having checked back electric switched March 2020 and gas October 2020 (moved in Feb 2019) BG told me the meter was unregistered and I got no bills from them, in actual fact the meter was registered but under the developer ( new build). I have sent an email to Overdales asking them not to communicate via email. Funnily enough the email address they are using is not my main email address it is a gmail account I only use for certain things and not what I would have given to BG. Attached to their email was a final bill and deed of assignment which I’ve attached. NOA+Bill .pdf
  7. Yes I am in the same property, I’m now with Octopus. I don’t know how they got my email, perhaps because I filed my evidence online?
  8. I have received this via email from Overdales Dear Ms xxxx Our Client: Lowell Portfolio I Reference Number:xxxxxxxx. Claim Number: xxxxxxx Balance: £1,190.34 We write regarding the above matter and confirm receipt of your Defence. As you are aware, the account we have been instructed on is regarding a former British Gas matter, where you entered into an agreement with British Gas on 18 February 2019. The acount was opened for the supply of electricity to your current address between the opening date and the end date on 14 March 2020. British Gas have stated that they received no payments from you and meter readings were received from a Smart Meter, with the last reading received being 5343. We can confirm however, that the balance assigned to our client was £954.02, which, can be evidence via the attached Final Bill, in your name. Please be advised, as the Bill is dated 14 March 2020, it cannot be subject to backbilling, as these charges are from the start date in February 2019, to March 2020. Please note, as the account is in relation to a Service Agreement and not a Credit Agreement, it is not regulated by the Consumer Credit Act 1974. As such, British Gas are not obligated to retain a copy of the Agreement, therefore, we would be unable to request a copy of this document. Regarding assignment of the debt, please find attached a copy of the Notice of Assignment sent to you, by our client. As such, assignment of the debt has been completed for the purposes of litigation. Even if you did not receive the notice of assignment nor the electronic copy, any number of the letters we sent to you would satisfy assignment of the debt as it clearly identifies what the debt is and who you must pay to discharge the balance. We understand that within your Defence refer to a dispute still ongoing with British Gas, in order for this to be investigated further, please provide us with additional information by return. Settlement proposal Nonetheless, our client is willing to attempt settlement and reach an amicable resolution with you. An agreed settlement may avoid a hearing or judgment and also additional costs being incurred. Our client is prepared to accept a full and final settlement of: - A lump sum payment of £950.00 - Or two payments of £500.00 - Any reasonable settlement proposal you wish to make. Please contact our offices to your proposals for repayment and settlement offers within 7 days of the date of this email. Alternatively, please find our client’s details below: Account Holder Name: Overdales Legal Ltd Sort Code: 20 35 84 Account Number: 73467015 Please use your reference as the payment reference to ensure it is allocated to your account. Please note that should you choose to accept the settlement sum which is lower than the outstanding balance of the claim and our client reports the matter to the relevant credit reference agencies, your credit file will be updated to reflect that you have partially satisfied the balance. You may wish to seek independent legal advice from the Citizens Advice Bureau or a firm of solicitors of your choosing. If we do not hear from you, we have been instructed by our client to proceed with the legal claim. This may incur further costs that our client will seek to recover from you. We trust further action will not be necessary and look forward to hearing from you. Yours sincerely Overdales Solicitors Overdales Legal Ltd | PO Box 1399 | BD5 5GA | Tel: 0333 111 0807 | Email: [email protected] | Web: www.overdales.com This email and any files transmitted with it are confidential and intended solely for the named recipient of this email. If you are not the named recipient you should not disseminate, distribute, copy or alter this email. If you have received this email in error, please notify the sender and delete the email from your records. Warning: although Overdales Legal Limited has taken reasonable precautions to ensure no viruses are present in this email, Overdales Legal Limited cannot accept responsibility for any loss or damage arising from the use of this email or attachments and it is recommended that you check all emails with an appropriate virus scanner. Overdales Legal Limited of Ellington House, 9 Savannah Way, Leeds, LS10 1AB is a limited company registered in England and Wales under company number 07407310. ‘Overdales’ and ‘Overdales Solicitors’ are trading names of Overdales Legal Limited which is authorised and regulated by the Solicitors Regulation Authority under firm number 806769 and authorised and regulated by the Financial Conduct Authority in respect of consumer credit regulated accounts, Financial Services Register number 691793. Data Protection Registration number: Z2577941. Only persons designated as “solicitor” are qualified solicitors. We do not accept service of any documents by email or fax.
  9. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No, the letter was received after the court claim form
  10. I have followed the guidance above. I have been doing some reading and have had a go at writing the defence, I would be grateful if you could have a look through and tell me if this is appropriate, thanks. Particulars of claim 1.The claim is for the sum of (£954.02) due by the Defendant under a British Gas 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 26-11-21, 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 (£76.32). The Claimant claims the sum of (£1030.34) 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. Paragraph 1 is noted, i have in the past attempted to make a financial contract with British Gas, however I was informed incorrectly by them that my meter was unregistered and British Gas were unable to act. The claimant has to date failed to supply any bills or better details despite a CPR 31:14 sent to their solicitors on the 24th April 2023 by royal mail recorded delivery, the claimant has failed to respond to date. 3. There was and still remains an unresolved dispute with British Gas 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 British Gas 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.
  11. I’m sorry I suffer with mental health and am finding it really difficult to understand Which Court have you received the claim from ? Name County Court business centre, Northampton, NN1 2LH Name of the Claimant ? Lowell portfolio 1 ltd. Ellington House, 9 Savannah Way, Leeds valley park, Leeds, ls10 1ab Date of issue – 12 April 2023 Particulars of Claim What is the claim for – the reason they have issued the claim? 1. The claim is for the sum of £954.02 due by the defendant under a British Gas account with the account reference of •••••••••••• 2. the defendant failed to maintain contractual payments under the terms of the account agreement. 3.The debt was legally assigned to the claimant on 26.11.21, 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 £76.52. The claimant claims the sum of £1030.34 What is the total value of the claim? £1190.34 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here 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? I have not changed address Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? British gas acount When did you enter into the original agreement before or after April 2007 ? I moved in on 17 February 2019 Do you recall how you entered into the agreement...On line /In branch/By post ? They were the energy supplier when I moved in, - Didn’t enter agreement moved into property Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes it is on Experian 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 who is issuing claim Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? I did not make payments due to having no bills What was the date of your last payment? See answer above Was there a dispute with the original creditor that remains unresolved? Yes I opened a resolver case and this remains open Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not as I was disputing the fact that I had received no bills
  12. I have just received a court claim form from Lowell for a debt to British Gas, I believe this occurred when I moved in to a new build and my meter was unregistered and I got no bills. I have a mental health condition and don’t really know what to do.
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