intent to defend / ** SCOTLAND **

[shaggy717]

Hey guys and girls, I've spent a few hours yesterday and an hour this morning trying to find an intent to defend a claim from my energy company npower,

 

I believe they changed my contract illegally and they refused to really discuss the matter so after being fobbed off i just refused to pay. I owe over 2k on each account that should be a dual fuels account (my issue). each time they called i would advise to take to court to secure any futher compliance from me...

 

~I am dyslexic bi polar adhd and spending a couple of hours yesterday and today my anxiety has just sky rocketed.

 

I will how ever be applying for bankruptcy just can't for another 4 to 6 months

 

 

WHAT I AM LOOKING FOR A TEMPLATE FOR MY INTENT TO DEFEND A CLAIM AGAINST ME!

 

My i say thanks in advance! I am so stressed all i really want to do is sign the back of the form they sent me with a one line instruction of my intention to defend but somehow think it may fall short of what is needed...

[citizenB]

Hi shaggy, I think we are going to need a little more information from you.

 

Are you saying a company has issued a claim against you ?

 

Has this claim come from Northampton? Can you please let us know what the date of issue is. You will find this at the top right hand corner of the claim form.

 

Once you let us know this, then we can advise what your timeline is.

 

Date of issue XX.XX.XX + 5 days for service = XX.XX.XX + 14 days to acknowledge claim and advise intent to defend = XX.XX.XX + 14 days to submit a defence = XX.XX.XX

 

You will need to acknowledge the claim by logging on to the MCOL website and this will let you confirm that you intend to defend the claim.

 

What you will also have to let us know is exactly what it says on the claim form - the reason they have issued this. Once you have done that, then we can help you send a letter to the solicitor on the claim form asking for information/copies of documents in order to help you prepare your defence.

 

I appreciate you have dyslexia, so if you are having any problems please let us know.

[shaggy717]

Do you have an email i can mail you a pic less personal identifiers all you will see is my account no and their reference... And thanks btw! warrant of entry oh i forgot i live in scotland sorry probably the most vital bit of info...

[shaggy717]

and 19/03 14 is the post date

[shaggy717]

My intention is to waste time untill my bankruptcy protection comes thru.... A few years ago got screwed by the tax man, they made a manual change to my tax account when the person doing the review found ouit i lost my financials for 4 years when i moved self emplyed this change affected my eligibility to working tax credit...

 

I am now waiting for them to apply for a ccj for the two years wtc that they want back roughly £2200 for one year and £3240 for the next

I will not pay any of these depts but need them all in my bankruptcy protection order

[citizenB]

Aha.. righto, you are living in Scotland. I will amend your title to show this as the process is different - I can also call on a few of the site team who know the Scottish Process.

 

Keep an eye on your private message in box - I wil send you an email address

 

BRB.

[steampowered]

Why do you believe they changed your contract illegally? We'll need a bit more detail about this.

 

 

If you are made bankrupt the utility supplier may insist on a prepayment meter regardless.

[shaggy717]

i was on a dual fuel tarrif and missed a dd they then splitt the two bills up and one is in my name and one is in the occupier. they don't even have the correct # for the equipment on my wall. I have tried to deal with then on the phone a couple of times and they where less than helpfull.

 

 

They then applied to the electricity board to get an entry warrant which they did, i got caught growing some weed 2 plants for research into the plants growing habits (it's can become a hermaphrodite in order to reproduce fascinating) anyway I need to buy about 6 months so i can get the fraud label removed from my hmrc dept to a ccj i will happily pay any supplier a cash deposit i will not have one of these machines in my home!

 

 

I'm a funny esoteric character where by i will put my hands up and take what's coming if i am in the wrong. And NOTHING not even jail will i back down if i know i am right.....

[shaggy717]

as far as requesting info from them i plan on asking for everything, tell calls manual changes to my account on calls and every document they have ever sent me! Unfortunately i never signed for each bit of received info and do not hold royal mail in high regard as a trusted delivery agent and niether do the courts or they wouldn't require your signiture for all offical documents that are delivered...

[shaggy717]

ps thank you very very much!

[steampowered]

Others may have a different view, but I am struggling to see how you can legally justify refusing to pay these bills. It doesn't sound like you have a good reason to object to the warrant based on your posts.

 

You might be better off trying to agree a payment plan with them, with as low monthly payments as possible. You would probably have to pay something towards the arrears during the next 6 months, even if it is a low amount, and I imagine the rest of the debt can probably be included in the bankruptcy. This would be better than waiting for them to get a warrant and install a prepayment meter.

 

If you want information from them you should do a SAR. The courts do not require a signature for all official documents that are delivered. For court purposes first class delivery is fine, there is no requirement to use recorded or special delivery.

[rebel11]

Hi shaggy717

 

Have you ended up paying more now as a result of the the energy company moving you away from the Duel Fuel Tariff?

[shaggy717]

My objection to paying this is they changed the rates i was paying and i lost my discounts they refused to reinstate or even discussing anything other than paying what what owed(at the time and go away) even tho i could prove that we have a signed agreement that states dual fuels.

 

they don't even have the correct details for seriel no on the equipment in my flat and that is even after the elecricity board whent in there.

 

doesn't a court need a clear line of evidence or is it all hear say? if they don't know what equipment is in my flat(until i let the guy in) then how can they have a claim that is valid

I will pay what i owe if we agree and in full but i know they will never settle with out mediation I've treid

 

 

The first run in i had with n power was ten years ago and they dilibratly kept me paying someone else's dept because i never understood the system at the time. I couldn't reclaim all the costs back then because i never saved all the little slips you get from the shop.

[shaggy717]

as far as paying the tax credit no danger ever, i fought that too but couldn't get them to ask why my tax file had been manually changed they where only concerned with whether i could prove them wrong which i couldn't and thats when my tax file was manually changed. if i am not mistaken as it was an over payment due to understating taxes. a fraud label would be applied with bankruptcy protection i was advised to wait for a ccj from hmrc and then apply for bankruptcy as i already have another recent ccj against me.

 

When i do apply for bankrupty I will still pay off some of my depts, like a recent grant to help me start a business before my accident. i am not trying to gain a free ride but won't allow anyone to get the better of me.... the damage has already been done to my credit rating. I am tired of fighting for what is right and have decided that everyone and everything fits into roughly two boxes. those that i work with or those i work to overcome! how often can you hear someone say that you know what hmrc so suck on it.... npower lost my respect and any moral obligation i felt the first time i dealt with them.

[rebel11]

Hi shaggy717

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened, how they have let you down and what you want them to do. Explain that you have serious health issues which are covered by the Equality Act 2010 and that this situation (Tell him about the Warrant that's been issued.) which you have tried to resolve to the best of your ability is causing you stress and anxiety.

When you write to him best to be polite.

 

Send it to:-

 

Mr Paul Massara

Chief Executive

NPower

[email protected]

 

 

Here's some information:-

 

https://www.ofgem.gov.uk/information-consumers/domestic-consumers/making-enquiry-or-complaint

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[IdaInFife]

Why are you waiting 4 - 6 months for bankruptcy?

[steampowered]

Your letter is too long - I think you need to shorten the stuff about your personal difficulties. I also don't really understand why the serial numbers is an issue. Just shorten it a bit to focus more on the financial problems you are having and request affordable instalments. To be perfectly honest it does sound like you may need to accept a prepayment meter but you can always ask.

 

I think you should also contact the solicitors/representatives dealing with the court claim regarding your offer to pay instalments.

 

Remember that you still have to comply with the court deadlines.

[citizenB]

shaggy, I have sent you a redraft by email and unapproved the other attempts from this thread