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    • 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.
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Monument & C.A.R.S


creditangel
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I will try to be brief with this question/problem.

 

In 2008 my friend who had a Monument Credit Card suffered a heart attack and could not work. There is a vague recollection of Monument accepting the situation and providing a payment break or suchlike.

 

Friend continued with regular payments until July 2011 when he got a letter out of the blue from C.A.R.S He telephoned Monument who said they no longer would be dealing with it and in future he would have to deal with C.A.R.S

 

After a telephone convo with C.A.R.S (July 2011) he agreed to pay a set amount on the same date each month and he continues to get monthly statements from Monument.

 

This month after checking his bank statements he noticed (since last November 2012) C.A.R.S have been erractic in taking their payments. They are ignoring the agreed date and two payments were taken out in the same month.

 

This led to some checking and I discovered the only communication he has ever had from C.A.R.S was the initial letter (kept for ref) and a telephone call in July 2011. At that time he believed he was agreeing to a direct debit but now learns they got their payments via a credit debit on his card.

 

Having read scary stories on recurring debit card payments, my friend would ideally like to stop C.A.R.S from using his debit card in this way. Now the obvious thing is to contact C.A.R.S but wanted some advice on how to proceed.

 

Thanks in advance of any replies.

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  • 3 weeks later...

Hello creditangel

 

I'm not a moderator or adviser here but I have a Monument account that is being handled by C.A.R.S and I have had trouble from the latter. Firstly, I must admit that, contrary to the excellent advice repeatedly offered here, I have spoken to C.A.R.S. by telephone, although from today I will no longer do so. My problems have stemmed from what appears to be a communications failure between the creditor and the DCA which has resulted in C.A.R.S twice sending me the usual red splattered threatening letter, even though the agreed payment has been made before the due date and is shown on the monthly statement.

 

This is how I handle my Monument account and C.A.R.S:

 

 

  1. I pay by Standing Order to Monument, not C.A.R.S..
  2. I do not allow C.A.R.S staff to talk over me on the telephone; I say what I wish and hang up.
  3. In response to C.A.R.S' assertion that I must pay them instead of Monument I state clearly that my contract is with the latter and I will continue to pay them until they instruct me to pay another company.
  4. I refuse point blank to give any bank details to DCAs and never make payments to creditors by debit card (as a general rule I always contact my bank when, occasionally, someone uses my details to make an unauthorised withdrawal).

I never make payments to creditors and DCAs by Direct Debit as that takes control over my bank account out of my hands. I always pay by Standing Order.

 

When you're chewing on life's gristle whistling rarely helps.

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