Small Claim issued

[johnvernon74]

I have been issued with a small claim against Phoenix Gas in Northern Ireland. In the particulars of the small claim it states I ran up a bill at xx address between 9 nov 09 - 4 nov 11.

 

This information is incorrect but they allege I owed a bill at a previous address in 2006 and they have simply stated its for my new address.

 

I have never acknowledged or accepted the debt at the alleged address . Would this be counted as statue barred? Will I defend the Small Claim as it is factually wrong?

 

Kind Regards

 

 

John Vernon

[asokn]

The debt can be statute barred if 6 years have passed between the date of the cause of action (i.e. the default) and the issue of the claim. When precisely in 2006 was this bill incurred?

 

It may help if you type up the particulars of claim as I'm a bit confused about these two bills and time periods. I can't see why they are saying a bill from 06 can actually be for the period 09-11?

[johnvernon74]

When I moved into house in 2009, they contacted me around 2011 and asked if I lived previously at x address. I said yes but did not acknowledge any debt. They simply started writing to me and are now trying to take me to court. I think they are aware its status barred and hope I don't turn up. During 2009-2011 I had a card meter fitted and therefore did not run up any bill.

[asokn]

Can you type up the PoC as requested?

[johnvernon74]

Can you type up the PoC as requested?

 

The respondent occupied xxx from 1 Nov 2009 - 3 Nov 2011

 

The amount claimed is for the final bill for gas usage at this time.

[brokebutnotbeatn]

Is the address they quote the address you are living at now (with the metre) or previously?

[johnvernon74]

It quotes the address that does not relate to the debt.

 

I lived at xx address from Jan 2004 - Mar 2006 (where alleged debt is from)

 

I lived at xx address which is stated in small claims documents - stated in court particulars

 

I now live at a new address not related to any of the above

[asokn]

The respondent occupied xxx from 1 Nov 2009 - 3 Nov 2011

 

The amount claimed is for the final bill for gas usage at this time.

 

That is the entire Particulars of Claim?

 

Somehow I think not!

[brokebutnotbeatn]

well you have a defence for this address if you were metered. But it would be best to scan and post up the POC with your personal detaills removed.

[johnvernon74]

That is the entire Particulars of Claim?

 

Somehow I think not!

 

I can confirm that is the particular of claim in full. Is it different in Northern Ireland.

[johnvernon74]

well you have a defence for this address if you were metered. But it would be best to scan and post up the POC with your personal detaills removed.

 

Thanks I shall scan it on Monday and stick up.

[asokn]

I can confirm that is the particular of claim in full. Is it different in Northern Ireland.

 

Then I stand corrected. Thanks, I never knew it was like that in N. Ireland!

[brokebutnotbeatn]

this will be interesting!