Claimform - NPower debt

[metty1973]

Can anyone help please.

 

I received a letter from a company that's has solicitors at the end of its title. the registered number OC343261.

 

The letter arrived at my address on 19/05/14 letter dated 14/05/14.

 

I called to enquire what it was about, left an answer machine message as no one available to take call etc.

 

It states relating to Npower Ltd.

I have no idea what this is about.

 

I called them today - they say all they can give me is the account number,

 

I have until 28/05/14 to return the court claim form.

the letter states the court will serve the claim form upon me shortly,

after arguing for an extension of deadline date given that the court form has not arrived, they agreed a further 7 days.

 

I explained I have not received request for payment I have no knowledge of the debt or what its referring to.

 

They said they sent a letter to me in March - this is untrue.

 

They have now said the original debt of £80 is now £186 with costs and interest.

 

The letter says do not contact our client, contact us if you have any queries - they cant answer my queries.

 

I asked why have they still sent this to court when I called and left answer machine message,

they said the apologised and cant explain why because all messages are picked up?

I gave full reference numbers and contact information

What can I do next?

 

I am prepared to pay in instalments if they can explain to me what the debt is for.

 

The problem is I moved out of my property for 2 years and rented it out.

 

This debt might be relating to tenants etc or final bill before I moved out?? I returned to the property in February 2014.

 

My job doesn't allow me to have CCJ,

 

I need to avoid this - what can I do, please can anyone help

Thanks

Metty

[AndyOrch]

Hi metty and welcome to CAG

 

Have you actually received a court claim form Northampton?

 

Regards

 

Andy

[metty1973]

Hi Andy

 

Pleased I have got a reply here.

 

No I haven't as yet,

 

I rang this wilkin company today.

 

They gave me tel number for courts and ref beginning with A9xxxxx.

 

They went on hold for ages when I was on the line and came back with we have extended the deadline for 7 days - that's it.

 

I wanted to see if there was a letter or anything I could send them to say I hadn't got their original letter.

 

I have no demands for payment or even what account it relates to and for what period. Im frustrated.

 

Can you help.

 

It appears pointless talking to them, its like they have bought the debt or acting on behalf of NPOWER

and have no knowledge how the bill relates to

 

Thanks

Metty

[AndyOrch]

Dont ring them again..its a bluff...all Northampton claims are prefixed with 8 digits.Ring Npower and speak to them only to clarify the debt.

 

Do nothing else until ( if )you receive a claim from Northampton CCBC.

 

Regards

 

Andy

[metty1973]

Hi Andy

 

 

Thanks again, well I have just opened my post and I have a N1cpc claim form 04/14, N9cpc response pck N9A cpc form admission and defence form. I think this is real the envelope has come from Northampton NN1 2TX

 

 

It reads

 

 

Claimant NPOWER LTD

address for documents : wilkin xxxxxx solicitors

my address and name and in the particulars of claim bit

 

 

The claim is for 106.98 relating to unpaid charges of energy supplied by the claimant to the defendant, and set out on an Invoice dated 23/10/13. I wasn't living at the property on 23/10/13. Full particulars of which have been delivered to the defendant. No they haven't because I can prove I lived elsewhere on this date. And the claimant claims claims any further arrears that may have accrued and become payable since the commencement of these proceedings. And the claimant claims interest on the sum due pursuant to s69 of the County Courts Act1984 from the due date to the date of issue at 8.00% per annum being 4.77 and further interest on a daily basis until the date of judgment or sooner payment at a dailyl rate of 0.02p. The claimant claims (1) the sum of 106.98: (2) interest of 4.77 (3) continuing daily interest at 0.02p

 

 

On the other side it reads

 

 

Amount claimed £111.75

Court Fee 25.00

solicitors costs 50.00 total amount 186.75

 

 

I cant have a judgement against me because of my work however, I am prepared to pay what is due when they give me details of the account and, I can pay in instalments because I don't have that kind of money available to me.

It says I have limited time to reply - it says it was issued on 16th May 2014. I received it today. The claim number is as the company said it was A9XXXXXX

courts address 4th floor St Katherines House Northampton

 

Please help that I take all the steps correctly.

 

Thanks

Metty

[AndyOrch]

Ok I see it now has 8 digits...therefore not a bluff:-(

 

Okay you have 33 days in total if defending the claim...19 days from the date on the N1 to Acknowledge the claim..this can be done on line once you have registered to use the MCOL service.The password is already on the summons.

 

Obviously you will be defending in full so you then have a further 14 days to submit your defence...so follow the time line its important.

 

In the meantime you need to gather information to assist with your defence this can be done using a CPR 31.14 request:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

You can only request what has been referred to in their particulars so ....

 

" 1.The claim is for 106.98 relating to unpaid charges of energy supplied by the claimant to the defendant, and set out on an Invoice dated 23/10/13. Full particulars of which have been delivered to the defendant.

 

2.And the claimant claims claims any further arrears that may have accrued and become payable since the commencement of these proceedings.

 

3. And the claimant claims interest on the sum due pursuant to s69 of the County Courts Act 1984 from the due date to the date of issue at 8.00% per annum being 4.77 and further interest on a daily basis until the date of judgment or sooner payment at a dailyl rate of 0.02p. The claimant claims (1) the sum of 106.98: (2) interest of 4.77 (3) continuing daily interest at 0.02p "

 

 

So what date did you leave the property....and did you inform them of your change of address and give them your last reading?

 

Regards

 

Andy

[AndyOrch]

Thread moved to General Legal Issues.

[SabreSheep]

Someone will tell you how to defend this.

Stay Calm, you have a set amount of time to respond and can be done online.

 

Worse case scenario is that if they do get judgement against you, the CCJ does not stay active if you can clear the debt and associated fees (Which being in a small claims will not be much) within a few weeks of judgement.

 

Now the worst case scenario is dealt with, plan for a better result

[metty1973]

Thanks very much,

 

I'm going to spend some time reading this and absorbing what you have advised.

 

I have registered MCOL I have a gateway number.

 

I did notify them of my change of address because I made a payment and they transferred the account to my new address.

 

I gave them my meter readings too.

 

I have photographic evidence of meter reading in the tenants pack when they moved in.

 

I have since moved back to this property, I only rented it out for a year.

 

I will have to get up in the loft to find that this weekend.

 

I will send the CPR31.14 request, register acknowledgement on the MCOL site using the password in the important notes on the N1CPC

 

 

Thanks very much I will get back to you - much appreciated.

[AndyOrch]

Not a problem .......update your thread as and when.

 

Regards

 

Andy

[AndyOrch]

Just one final thought...check with your tenants to see they paid up to date.

[batman1956]

Andyorch I have sent you a PM.

[AndyOrch]

Many thanks batman......received and considered.

 

Regards

 

Andy

[metty1973]

Hi - advice needed please.

 

When im in MCOL do I select acknowledgement of service or start defence.

 

I acknowledge that there is probably a debt to pay on leaving the property but,

 

I was not notified of this and,

they were aware I had moved property,

had new account with them at the new property a

nd they sent the bill and further correspondence to the previous address.

 

I don't agree that it should have got to this stage and

 

want to make arrangement to pay the bill but not the costs and interest why should I?

 

What am I supposed to do now anyone?

 

Do I select the part admission tab?

Thanks

[AndyOrch]

Anything less than a defend all will result in a CCJ.

[metty1973]

Sorry andy for being so thick - am I clicking the start AOS or start defence button?

 

 

Acknowledgment of Service

Start AOS

If you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the court's jurisdiction, complete the Acknowledgment of Service (AOS).

 

Response Forms Start Defence

If you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the defence form

[AndyOrch]

Depends if you are ready to submit your defence.What date is your claim?

[metty1973]

Im not ready to submit defence just yet, need more time. Trying to get tenancy copies etc together. The date on the claim form is 16/05/14

[AndyOrch]

Okay so just complete the AoS then come out.

[metty1973]

Great Andy - that's what I had thought just wanted to check.

Thanks

[metty1973]

Hello, I have done the MCOL acknowledgement bit.

 

I have also completed the CPR request however, I think I may have put too much information in it at this stage.

 

Can someone have a look at it for me please and tell me if its too long winded,

 

im sort of giving them my defence now however,

 

I may be providing them with time to enable them to change invoices address and letter address etc

 

Can I send a copy by email to anyone to check please

 

- tried to upload it to here but saying invalid file yet its just a word documenet

 

 

Thanks

Kerry

[AndyOrch]

Post it here Kerry.

[metty1973]

XXXX XXX

 

28/05/14

 

 

Dear Sir,

 

Re: NPOWER LTD v XXXXXXXXX Case No: AXXXXXX

 

 

 

CPR 31.14 Request

 

On 24/05/14 I received the Claim Form in this case issued by you out of the Northampton County Court

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

On 19/05/14 Prior to the issue of proceedings I had received a letter dated 14/05/14 from Wilkin Chapman llp advising me that a claim form had been issued at the court relating to NPOWER LTD.

The letter was addressed correctly to me at ADDRESS . This was the first time I was made aware of any amount due to NPOWER I had no Knowledge of what the debt was for or for what period and supply it relates to. The letter received 19/05/14 did not confirm any amount due or for what period or for which property or the amount it related to.

I had already left an answer machine message in response to this letter on the answer machine of Wilkin Chapman llp with my full contact details including up to date telephone number for you to contact me to discuss the contents of your letter and received no response.

On 21/05/14 I spoke to your representative following this who agreed to extend the date to reply to the Claim form at the court given that by 21/05/14 I had no knowledge of the claim that you had filed against me at the court. Your representative was quite rude when I explained this stating the claim was dated 16/05/14 at the courts.

I tried to explain I had no objection to paying the original sum however, I disputed court costs or interest etc as, Your letter I received on 21/05/14 was the first I knew of this and, I couldn’t be sure that the bill was due to be paid by me. I had tenants living at ADDRESS from February 2012 to February 2014.

I tried to discuss the account however, I was informed Wilkin Chapman had no knowledge of the account only the amount owed and to wait for the Court Claim form N1 under ref Claim REF.

I did not know the amount or any associated costs or interest until the N1 claim form arrived at my address on 24/05/14.

I informed your representative that this was the first time I was aware of any outstanding sum due and, explained I lived elsewhere up to and including 25/02/14. I asked if any letters had previously been issued requesting payment and she informed me a letter had been issued to me on 18/03/14 and an invoice dated 23/10/13.

I can categorically state I did not receive any such letter and, I am keen to see a copy of such and which address this was posted. Additionally, I have not received the bill from NPOWER to which the amount of £111.75 related to. Again, I am keen to receive evidence from Npower where that bill was posted to.

I have also enclosed a letter from Npower acknowledging they were aware I had moved home to Kingsvale Wallsend NE28 7JS and, if they notified me of the amount to pay I am keen to see for what period.

Npower was aware of my NEW ADDRESS as they were

supplying dual fuel energy to me at that address. Please find enclosed copy of the house move letter from Npower.

I moved out OLD ADDRESS on 25/02/12 NPOWER supplied my dual at this address. This was a one year tenancy only. I moved to support my two children with special educational needs into an area that could accommodate their needs. The property was unsuitable and we were forced to move out. We moved to NEW ADDRESS on 25/02/13 once again, to the area with schools that could support my children’s special educational needs.

Our mortgage company for OLD ADDRESS were not satisfied with the arrangements to let our property hence, moving back to the family home at the end of the tenancy at NEW ADDRESS on 26/02/14. We have made alternative arrangements for my children to enable us to keep the family home as we were threatened with repossession.

When I moved back to OLD ADDRESS on 26/02/14 I re directed my mail from NEW ADDRESS on 26/02/14. I have enclosed evidence of the Tenancy Agreement for ADDRESS along with evidence of the re directed mail service with Royal Mail I paid for.

I refer to the particulars of claim on N1CPC claim form:

The claim is for 106.98 relating to unpaid charges of energy supplied by the claimant to the defendant, and set out on an Invoice dated 23/10/13. Full particulars of which have been delivered to the defendant. Full particulars have not been delivered to me.

 

And the claimant claims any further arrears that may have accrued and become payable since the commencement of these proceedings. The first I am aware of any such proceedings is in your letter dated 14/05/14 received by me on 19/05/14

 

And the claimant claims interest on the sum due pursuant to s69 of the County Courts Act 1984 from the due date to the date of issue at 8.00% per annum being 4.77 and further interest on a daily basis until the date of judgment or sooner payment at a dailyl rate of 0.02p. The claimant claims (1) the sum of 106.98: (2) interest of 4.77 (3) continuing daily interest at 0.02p ". I do not consider the correct procedure has been followed in relation to this claim and dispute any additional interest to which this relates. I was unaware the sum was due or the amount until receipt of the N!CC – I requested this information and tried to offer to pay what was due when it could be proven that I was responsible for the debt. This was prior to receipt of N1CPC.

I request you to produce to me a copy such invoice mentioned in the Claim Form and on which you rely. I requested the same in a telephone conversation with your representative prior to receipt of N1 claim form. That request was ignored.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the invoice dated 23/10/14 mentioned in your Particulars of Claim along with copies of any other letters/requests for payment.

 

l appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, 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. Further, that any general conditions incorporated in the contract should also be attached.

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response.

 

 

Yours faithfully

Edited June 30, 2014 by citizenB
Personal details removed

[citizenB]

 

XXXX XXX

 

 

 

28/05/14

 

 

Dear Sir,

 

 

 

Re: NPOWER LTD v XXXXXXXXX Case No: AXXXXXX

 

 

CPR 31.14 Request

 

 

 

On 24/05/14 I received the Claim Form in this case issued by you out of the Northampton County Court

 

 

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

On 19/05/14 Prior to the issue of proceedings I had received a letter dated 14/05/14 from Wilkin Chapman llp advising me that a claim form had been issued at the court relating to NPOWER LTD.

 

 

The letter was addressed correctly to me at ADDRESS . This was the first time I was made aware of any amount due to NPOWER I had no Knowledge of what the debt was for or for what period and supply it relates to. The letter received 19/05/14 did not confirm any amount due or for what period or for which property or the amount it related to.

 

I had already left an answer machine message in response to this letter on the answer machine of Wilkin Chapman llp with my full contact details including up to date telephone number for you to contact me to discuss the contents of your letter and received no response.

 

 

On 21/05/14 I spoke to your representative following this who agreed to extend the date to reply to the Claim form at the court given that by 21/05/14 I had no knowledge of the claim that you had filed against me at the court. Your representative was quite rude when I explained this stating the claim was dated 16/05/14 at the courts.

 

 

I tried to explain I had no objection to paying the original sum however, I disputed court costs or interest etc as, Your letter I received on 21/05/14 was the first I knew of this and, I couldn’t be sure that the bill was due to be paid by me. I had tenants living at ADDRESS from February 2012 to February 2014.

 

I tried to discuss the account however, I was informed Wilkin Chapman had no knowledge of the account only the amount owed and to wait for the Court Claim form N1 under ref Claim REF.

 

 

I did not know the amount or any associated costs or interest until the N1 claim form arrived at my address on 24/05/14.

 

I informed your representative that this was the first time I was aware of any outstanding sum due and, explained I lived elsewhere up to and including 25/02/14. I asked if any letters had previously been issued requesting payment and she informed me a letter had been issued to me on 18/03/14 and an invoice dated 23/10/13.

 

 

I can categorically state I did not receive any such letter and, I am keen to see a copy of such and which address this was posted. Additionally, I have not received the bill from NPOWER to which the amount of £111.75 related to. Again, I am keen to receive evidence from Npower where that bill was posted to.

 

I have also enclosed a letter from Npower acknowledging they were aware I had moved home to Kingsvale Wallsend NE28 7JS and, if they notified me of the amount to pay I am keen to see for what period.

 

 

Npower was aware of my NEW ADDRESS as they were supplying dual fuel energy to me at that address. Please find enclosed copy of the house move letter from Npower.

 

I moved out OLD ADDRESS on 25/02/12 NPOWER supplied my dual at this address. This was a one year tenancy only. I moved to support my two children with special educational needs into an area that could accommodate their needs. The property was unsuitable and we were forced to move out. We moved to NEW ADDRESS on 25/02/13 once again, to the area with schools that could support my children’s special educational needs.

 

 

 

Our mortgage company for OLD ADDRESS were not satisfied with the arrangements to let our property hence, moving back to the family home at the end of the tenancy at NEW ADDRESS on 26/02/14. We have made alternative arrangements for my children to enable us to keep the family home as we were threatened with repossession.

 

 

 

When I moved back to OLD ADDRESS on 26/02/14 I re directed my mail from NEW ADDRESS on 26/02/14. I have enclosed evidence of the Tenancy Agreement for ADDRESS along with evidence of the re directed mail service with Royal Mail I paid for.

 

 

I refer to the particulars of claim on N1CPC claim form:

 

The claim is for 106.98 relating to unpaid charges of energy supplied by the claimant to the defendant, and set out on an Invoice dated 23/10/13. Full particulars of which have been delivered to the defendant. Full particulars have not been delivered to me.

 

And the claimant claims any further arrears that may have accrued and become payable since the commencement of these proceedings. The first I am aware of any such proceedings is in your letter dated 14/05/14 received by me on 19/05/14

 

 

And the claimant claims interest on the sum due pursuant to s69 of the County Courts Act 1984 from the due date to the date of issue at 8.00% per annum being 4.77 and further interest on a daily basis until the date of judgment or sooner payment at a dailyl rate of 0.02p. The claimant claims (1) the sum of 106.98: (2) interest of 4.77 (3) continuing daily interest at 0.02p ". I do not consider the correct procedure has been followed in relation to this claim and dispute any additional interest to which this relates. I was unaware the sum was due or the amount until receipt of the N!CC – I requested this information and tried to offer to pay what was due when it could be proven that I was responsible for the debt. This was prior to receipt of N1CPC.

 

I request you to produce to me a copy such invoice mentioned in the Claim Form and on which you rely. I requested the same in a telephone conversation with your representative prior to receipt of N1 claim form. That request was ignored.

 

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the invoice dated 23/10/14 mentioned in your Particulars of Claim along with copies of any other letters/requests for payment.

 

l appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, 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. Further, that any general conditions incorporated in the contract should also be attached.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response.

 

 

Yours faithfully

 

The above looks to be more like a defence than a request for the documents mentioned in their claim form.

 

On that basis, I think you need to rethink and simply send the CPR as it is drafted and make a request for the invoice and other information mentioned within the claim form.

 

It will be sent to the solicitor that is named on the claim form.

Edited June 30, 2014 by citizenB
personal details removed

[scouserat]

Metty, do you realise you've just posted your address all over a publicly visible forum. I'd advise you (and Citizen B) to edit your posts and strip out that information. In case you don't get this message in time, I've just reported the post to the mods so they can edit them. This hasn't been done out of malice, but purely for your own safety and privacy