Lowell Claimform - EDF Util debt

[Rich44]

Hi

for a few months now Lowell have been sending the threat type letters to which I replied with the prove it letter to them (twice) which got no reply,

haven't heard anything for a few months until today court papers arrive. 

 

Whats the best way to deal with this it's for energy from EDF from 2014 they now want about £400 but I couldn't see how we owed so much  which was why I sent the prove it letters to them as happy to make arrangements to pay it if the amounts were correct etc.

 

What do I do now?

 

Thank you

[BankFodder]

Please will you fill this out <<<<<<

 

Also I suggest that you send an SAR to EDF immediately

Also, please tell us about the alleged EDF debt. How long have they been chasing this for?

[dx100uk]

moved and retitled for clarity to the legal forum.

 

did they sent a pre action protocol Letter of Claim?

[Rich44]

I haven't been an EDF customer since 2014 so guess it would be about then they're chasing from. I never got a final bill from EDF at the time so chalked it up to being OK then didn't hear anything until Lowell got involved a few years ago they've batted about for awhile since then sending letters threatening 

 

Last year sometime I wrote back with the prove it letter & they never replied to it just sent more threat letters until court papers arrived today I'll fill all info in Bankfodder requested later when I can get it in front of me quietly. 

 

They sent one of their usual you owe us this pay this now & it'll go away but as they never addressed my letter I ignored it, didn't say anything about court as I recall just a standard bully letter. No pre action protocol nor letter at all. 

 

Is it worth contacting them again?  Am happy to pay what I owe just wanted proof they weren't fishing & amount was correct ie its not built on estimated readings etc

[dx100uk]

we've not see any wins for lowells of these old util debts

plenty here already

 

 

[Rich44]

Name of the Claimant ?

Date of issue –13th March 2019 (only received recently had follow up letter acknowledging mistake their end and deadline is now 11th April 4pm)

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 11th April 2019 16:00

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

Particulars of Claim

What is the claim for – the reason they have issued the claim?

1) The defendant entered into a supply and service agreement with EDF under ref:xxxxxx

2) The agreement later ended but a liability remained outstanding for payment

3) The agreement was latere assigned to the claimant on 27/11/2017

4) Despite repeated requests for payement the sum of £300 remains due and outstanding

And the claimant claims

a) The said sum of £300

b) Interest pursuant to s69 County courts Act 1984 at the rate of 8% per annum from date of assignment to date of issue accruing at a daily rate of £0.069, but limited to one year being £25.08

c) Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?

A letter dated 18th March titled Notice of claim issue and debt collection letters nothing else

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?

No same address for past decade

What is the total value of the claim?

£420

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 

No

When did you enter into the original agreement before or after April 2007 ?

After

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?

No

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. 

Lowell

Were you aware the account had been assigned – did you receive a Notice of Assignment? 

Can't remember seeing one but was in 2017 according to them so might not remember seeing it

 

Did you receive a Default Notice from the original creditor? 

No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? 

No

Why did you cease payments?

Left company never got a final bill despite providing final readings

 

What was the date of your last payment?

Well before 2017 possibly 2015

 

Was there a dispute with the original creditor that remains unresolved? 

Only proof of debt no bill and no way of knowing if debt was from meter readings or if they estimated it

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? 

No

 

The date for claim is 13th March but I also then received a letter dated 26th March saying there was a technical problem so the claim wasnt posted on time  so you have until 11th April 4pm to respond.

 

I have sent a copy of the prove it letter to Lowell again saying look I sent you this twice in 2018 and you never replied and now you want to go to court, if you provide the proof and it's correct and valid and withdraw the court case I will negotiate to pay it if you don't part of my response to the case will include the fact you have not provided proof of the debt.

 

As said before "happy" to pay it if we owe it but they never get back to you and just send out their template debt collectors letters until now.  What do I do next, obviously I need to write a response to the court, suggestions?

 

Sorry for delay in posting again i'm sole carer for my disabled husband so things can get a bit awkward sometimes, thanks for the replies much appreciated

Edited April 2, 2019 by Rich44

[dx100uk]

stop using a useless prove it letter!!

have you done AOS and CPR yet?

 

dx

 

[Rich44]

No haven't done anything yet

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[Rich44]

Ok just waiting for the Gov Gateway email now

[Rich44]

Right i've now done all of that just got to take letter to the PO but it's otherwise all done as suggested.

 

What's next please?  Thanks ever so much you've been great

[Rich44]

1 hour ago, dx100uk said:

stop using a useless prove it letter!!

have you done AOS and CPR yet?

 

dx

 

Not using prove it letter was simply saying that's what i've done previously and they haven't replied at all

 

Went to edit previous post to format it etc and left it too late so apologies that my answers aren't clearer

Edited April 2, 2019 by Rich44

[AndyOrch]

Start looking at previous examples of defences and of course keep an eye on your defence due by date.

 

Andy

[Rich44]

Yeah i'm trying to find something similar now but the Lowell and utility debt thing is a bit rare as I understand it?  I'll have a good look round tho, thanks

[AndyOrch]

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/