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

[andrew1402]

Received this morning, bear in mind CPR 31.14 request was received 13/08/19 and signed 8.15am and anyway it seems similar to a letter already sent before take note of balance now

 

2019-08-13 Lowell notice of claim issued.pdf

[andrew1402]

well we have 7 days left to form a defence if we have one 

[dx100uk]

not due till the 9th Sept by 4pm

[andrew1402]

08/08 +5+14 =27/08 I thought or have I missed something out?

[dx100uk]

33 days from the date on the claimform. where by that is 1 in the count.

 

explained carefully in the link you did for post 16 info

and again at the bottom of post 18...…………...

[andrew1402]

I thought the extra 14 days is for filing a defence at the moment there is no defence to file I'm confused with all this 

[dx100uk]

how do they know you have no defence nor not?? uh?

 

its totals as clearly explained in post 16 link....

you get 14 days to AOS [they add 5 days to ensure service [postage] to you] = 19.

once you AOS they give you an extra 14 days to file a defence

14+19=33

the date top right on the claimform is ONE in the count.

 

8/8/2019+33=9th sept

 

 

 

 

[andrew1402]

we got some info from Lowell today I will upload later today see what you think 

Edited August 24, 2019 by andrew1402

[andrew1402]

Sorry it's a bit late had a few other problems to sort out but here's what Lowell sent 

 

[AndyOrch]

Unapproved...claim number reference numbers showing.

[andrew1402]

ah I see I thought we covered them sorry 

Edited August 27, 2019 by andrew1402

[andrew1402]

hope this is alright this time

 

also something to remember our gas meter is outside in front and easy access to anyone with key and that in mind we do not remember anyone from EON knocking on to read meter in this time period

 

which in any case trespassing is against the law anyone who enters the property including front access via front gate without permission is trespassing (Council told us this )

 

docs1.pdf

[andrew1402]

7 days left to form a defence If have one 

Edited September 2, 2019 by andrew1402

[AndyOrch]

Post #31 of the following thread ?

 

 

[andrew1402]

thanks Andy I've never wrote a defence before which parts of post 31 in my case or is it all just put my wife's part 18th December 2013 instead of January and where do I put this defence on MCOL sorry if I sound thick that's because iam with this sort of thing 

[AndyOrch]

All of the defence....have a go at editing it to suit your particulars and then post a draft copy here for opinions and I will check it over for you.

[andrew1402]

thanks a lot Andy will do

[andrew1402]

Particulars of claim for reference only.

 

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 

 

Defence

 

1.I the  Defendant contends that the particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 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 in the past.However , from March 2014 my supplier was switched to SSE and therefore it is not possible to leave a remaining unpaid balance.

 

3.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. The claimant openly admits that they do not have access to the agreement nor was the Assignor required to retain a copy.Therefore their claim is unsubstantiated. 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 attached to or served with the particulars of claim and the original(s)  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;

 

5. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.

 

6. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.

[AndyOrch]

So we have to remove your point 2.

 

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

✎ EditSign

) ? yes

[AndyOrch]

I have done a slight edit on your 2 & 3...think your good to go now.

[andrew1402]

Ok anything else need to change or is it ok ?

[AndyOrch]

Done the changes as per my last post

[andrew1402]

Thanks Andy do I upload this on MCOL?

[AndyOrch]

Yes copy and paste  

[andrew1402]

thanks very much for all your help guys very much appreciated I will keep you updated

Edited September 2, 2019 by andrew1402