lowell Claimform - OH's old EON util debt ***Claim Discontinued***

[dx100uk]

title amended and moved to the utils forum.

 

so an old utils debt

and ofcourse EON have not ever sent her bills so nothing it owed

even if it was, then under the electricity act and it associated regulator rules

they can only back bill one year anyway

but a powerless DCA cant even do that..

 

it lowells basically trying it on.

 

pers to cover all angles id simply write to lowells solicitors

stating VERY briefly she has never had a utils account with EON as her supplier and the debt must either be fraud or a mistake in their system.

make SURE you use and quote lowells ref number and any other ref numbers used

 

dx

 

 

 

[ericsbrother]

Lowell have screwed up, they have done a trace on a Miss Smith and in that search they have found one who lived in that area who is now Mrs Jones so they have assumed that is the person they are after and sent out a demand.

 

They havent really threatened court action, you need to read the letter properly. They will say that they will consider or recommend or are in some other way mind readers  but it wont say pay up or we will sue you immediately.

 

In some ways that could be the best thing they could do as it would then be too late for them to back pedal when she counterclaims for breach of the GDPR as they have got the wrong person.

 

If she doesnt fancy a day out at their expense then she should send a stiff rebuttal of their claims pointing out  never being an EON customer etc but also let them know that she will take the matter further if they dont stop their stupidity

[brassnecked]

Agree with ericsbrother, they have done a phishing expedition, now I would check credit score just in cas the muppets at Lowell have stuck a Default there, something else to bite them with if they continue their muppetry.

[andrew1402]

My wife has emailed Lowell stating that this debt is not on their credit file, that they have received letter with two different surnames and they have said that this is fraudulent. 

 

They emailed back claiming that they have only sent letters in one name.  When my wife informed them that she has proof that she has received letters in both names they have now said that she needs to send proof of why she thinks its a fraudulent debt. 

 

She now doesn't know what to say to them. 

[dx100uk]

post 8 details what to do NEVER use EMAIL

block and bounce them back

 

WRITE A LETTER as post 8.

 

a dca is NOT A BAILIFF

and has

ZERO legal powers.

[andrew1402]

Hi guys

I have an update on my Wife's claim they have sent her a County Court claim N9A and N9B and acknowledgement form any help with this form would be very much appreciated and I need a good defence.

[dx100uk]

Did she ever WRITE to them as advised please?

 

please complete this:

 

 

[andrew1402]

She said she did but don't think she recorded it and why do I have to complete that it's time consuming which I only have 5 days and we put the points of the claim in this thread letter dated 08/08/19

[andrew1402]

•  

• Report post
•  
•  #1

Date of Claim - 8th Aug 2019

 

Name of the Claimant Lowell 

 

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 E.on  Energy Solutions limited under account reference xxxxxx ('the agreement).

 

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

 

3.The agreement was later assigned the claimant on 24/05/18 and notice was given to defendant.

 

4.Despite repeated requests for payment, the sum of £166.64 remains due and outstanding.

 

And the claimant claims (a)the sum of £166.64

(b)interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue,accruing at daily rate of £0.037.but limited to one year,£13.33

(c)costs 

 

What is the total value of the claim? £166.64

 

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

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no

 

Did you inform the claimant of your change of address? n/a

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 ?   Dec 2014

 

Do you recall how you entered into the agreement...On line /In branch/By post ? no

 

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. debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

 

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? never made a payment

 

What was the date of your last payment? never made a payment

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

 

[brassnecked]

So you never actually switched to EoN, as they wanted a security of £200 as upfront payment, have you a record of who was your supplier at your addresses since marriage, might be useful, to prove no debt exists at WS stage if it goes that far.  Lowell are greedy and will happily take the wrong Mr & Mrs Jones to court if they can make it stick, they don't care who pays just so long as someone does.

 

In the meantime do as DX advises, the claim can be ackowledged on MCOL online so no need to use post.

[dx100uk]

£166 are they having a laugh.

 

they think these old util bills give them super powers 

 

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] asking for all relevant bills 

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]
king for 

[andrew1402]

does she use maiden name or married name when completing MCOL as Court Claim is in her Maiden Name?

[brassnecked]

married name, her ID detais as of today.  Also have you proof of who was your supplier when the alleged Eon debt arose?  might be handy later Lowell are not entirely honest brokers and will willingly sue the wrong person, so long as the name fits even approxinmately.

[andrew1402]

pretty sure it was southern Electric but as for proof not sure

[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.

[dx100uk]

thread tidied of all unnecessary posts 

don't forget the CPR 31:14 

ask for all bill related to the claim

notice of assignment.

 

dx

 

[andrew1402]

Done

[dx100uk]

when you get 5 mins we need to see all comms/letters from lowels that she still has.

 

properly REDACT all of them [leave dates and figures only redact stuff that could ID her or the Account number.

 

pop them all in ONE multipage PDF file.

 

 

[brassnecked]

Yes it seemed to start off as a phishing expedition, if you have anything from EoN that would be useful as well redacted as pdf

[andrew1402]

here are the letters from Lowell as requested 

 

[dx100uk]

one multipage PDF please

else we'll be here all night downloading single pages

 

dx

 

[andrew1402]

by the way what is the case number im in the process of doing a CPR 31.14 request?

[dx100uk]

claimform

[andrew1402]

reference or claim number?

[dx100uk]

why are all you PDF's upside down??

 

is there an account number in the POC?