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

[AndyOrch]

Not many do  get to a hearing stage...they discontinue their claim...providing you do all the correct things on time such as following the courts directions.

 

Failure to comply with the courts directions...on time.....you risk your defence being struck out...they get Judgment...without a hearing.Likewise if the claimant fails they get their claim struck out.

 

Submitting the statement is the most important part...the only documents you have to disclose are any documents mentioned in either your defence or statement that you wish to rely on......IE CPR 31.14 request (if you made one) and response in your case.

 

Any document that helps your defence/witness statement must be disclosed...if its not disclosed you cannot refer or rely on it.

[andrew1402]

just to clarify is this my 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.

[dx100uk]

you need a WS now

as post 201

 

dx

 

[andrew1402]

what is my witness statement in this case i'm confused got a lot going on at the moment problems at work,home and generally stressed out with the whole matter and life at the moment too much going on  

[dx100uk]

go use our custom google search box which comes up after hitting the top square logo.

 

Lowell claimform

 

if you want to further narrow the search use say 'Lowell claimform util witness statement'

[andrew1402]

sorry but can't find any witness statements or even a template of one I could use but here is the details of court hearing 

PDFsam_merge.pdf

[AndyOrch]

I found one here within 30 seconds....posts #101

 

https://www.consumeractiongroup.co.uk/topic/411872-idem-claimform-hsbc-loan-or-was-itclaim-discontinued/page/5/#comments

 

There is no such thing as a template one because witness statements or rather defendants statements are unique to each thread and defence.

A statement is drafted in your own words and expands on your defence why you do not admit to the claim.

 

Andy  

 

[andrew1402]

I wouldnt know where to start  in our case as the defence covers it apart from CPR 31.14 request I've never had to do a statement in my life 

[dx100uk]

well follow the example andy posted...

 

dx

[andrew1402]

it does seem very identicle to mine but what I still don't get in all this is the fact my wife maybe going to the hearing under Miss and completely different surname when the account was in married name 

[dx100uk]

I believe andy pointed to this earlier...that's irrelevent...it's the same person, 

[andrew1402]

I know but I can imagine it still would feel wrong 

 

so do I have to send anything to Lowell by the 20th Jan or is that for Lowell ?

[dx100uk]

the defendant must send their WS to the court and the claimants solicitors by the date advised by the court on their letter...else the defendant will lose the case by default.

 

dx

 

[andrew1402]

but I don't even know where to start on the witness statement this is stressing us out amongst other things i'm struggling to sleep think of giving up to be honest and go for tomlin order agreement with only 9 days to get everything order 

[dx100uk]

well stop saying the samethings on here for days on end and get on with it, could have been done by now with the amount of attention you pay to answering us.

 

copy that WS into something and adapt it to suit your circs….

that will give you a basis of a response that we can suggest further adaptions too.

 

 

 

 

[andrew1402]

here is my attempt.

After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to. 
  
 I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request and a request pursuant to sec 61 B of the CCA1974 for the amalgamated alleged amount. 
 
   A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent 11/08/2019 via Royal Mail signed for and shows as received 29/11/2018. A Request for the following documents was made: 
  
·         The Demand/Termination Notice (Notice served under section 76(1) and 98(1) of the CCA 1974. 
·         Notices of sums in arrears under running account credit CCA 2006 sec 86C.  
·         Notice of assignment  
·         A statement of account  
  
The documents that were finally received do not meet the criteria set out in section 61 B of the CCA 1974 
To date No Demand/Termination Notice has ever been produced, no Notices of Sums in arrears has ever been produced. The notice of assignment does not appear to be an original, but a reconstruction of the original and no original has ever been received, the statement of account seems only a final bill and nothing to clarify previous bills owing to the amount requested
 
  
 A Section 77 request was sent on 11/08/2019 via royal mail signed for and shows as received 12/08/2018. The claimant to date has failed to comply to my Section 77 request.  
  
The Claimant acknowledged by letter dated 26/08/2019 they were unable to supply a copy of the Credit agreement and have acknowledged that they are unable to enforce litigation action. 
  
The claimant claims to have issued a Default Notice, and failed to mention a date that this was issued. I would like to point out that the claimant could not have possibly issued a Default Notice as they only bought the debt in xx/xx/2016 and as far as I can recall any breach with the original creditor would have been on or around 2009. The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment. 
 
  
I sought clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on 11/08/2019 and shows as received signed for 28/11/2018.The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant. 
 This claim bought by the claimant is without merit and an abuse of court  process. 
  
The claimant holds no valid documentation that can substantiate their claim this being:- 
  
·         No Termination Notice 
·         No Credit agreement and acknowledge they cannot supply one, and acknowledge that they are unable to enforce. 
·         No valid default Notice 
·         A Reconstituted Notice of assignment 
  
It would be far gracious and forthright for the claimant to admit that all the paperwork is a collection of copy and pastes in an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on. 
      
 I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce. 
  
Having regard to the above it is respectfully requested that the claimants application is denied. 
  
  
I believe that the that the facts stated in the witness state are true 
  
Signed  
  
Dated 11/01/2019

[andrew1402]

a few errors in there I just noticed

[andrew1402]

amended version 

After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to. 
  
 I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request and a request pursuant to sec 61 B of the CCA1974 for the amalgamated alleged amount. 
 
   A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent 11/08/2019 via Royal Mail signed for and shows as received 26/08/2018. A Request for the following documents was made: 
  
·         The Demand/Termination Notice (Notice served under section 76(1) and 98(1) of the CCA 1974. 
·         Notices of sums in arrears under running account credit CCA 2006 sec 86C.  
·         Notice of assignment  
·         A statement of account  
  
The documents that were finally received do not meet the criteria set out in section 61 B of the CCA 1974 
To date No Demand/Termination Notice has ever been produced, no Notices of Sums in arrears has ever been produced. The notice of assignment does not appear to be an original, but a reconstruction of the original and no original has ever been received, the statement of account appears to be a generic copy and only start from 2014. 
 
  
 A Section 77 request was sent on 11/08/2019 via royal mail signed for and shows as received 12/08/2019. The claimant to date has failed to comply to my Section 77 request.  
  
The Claimant acknowledged by letter dated 26/08/2019 they were unable to supply a copy of the Credit agreement and have acknowledged that they are unable to enforce litigation action. 
  
The claimant claims to have issued a Default Notice, and failed to mention a date that this was issued. I would like to point out that the claimant could not have possibly issued a Default Notice as they only bought the debt in 15/05/2019 and as far as I can recall any breach with the original creditor would have been on or around 2014. The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment. 
 
  
I sought clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on 11/08/2019 and shows as received signed for 12/08/2019.The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant. 
 This claim bought by the claimant is without merit and an abuse of court  process. 
  
The claimant holds no valid documentation that can substantiate their claim this being:- 
  
·         No Termination Notice 
·         No Credit agreement and acknowledge they cannot supply one, and acknowledge that they are unable to enforce. 
·         No valid default Notice 
·         A Reconstituted Notice of assignment 
  
It would be far gracious and forthright for the claimant to admit that all the paperwork is a collection of copy and pastes in an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on. 
      
 I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce. 
  
Having regard to the above it is respectfully requested that the claimants application is denied. 
  
  
I believe that the that the facts stated in the witness state are true 
  
Signed  
  
Dated 11/01/2020

[Tbirdo]

Hello there.

 

I think you need to adapt the above witness statement to suit your specific case and not just copy and paste. You may have noticed that the above witness statement is in relation to an overdraft and loan account which were amalgamated together. I know this because it was my thread that it was used on.

 

Try and look at your defence and then you can elaborate further. Obviously you want it to suit your thread and circumstances.

 

hope this helps and good luck 
 

 

[andrew1402]

thanks tbirdo and apologise but I honestly don't know what to put I've never had to write a witness statement before and been advise to follow this witness statement but noticed it said creditors EON isn't a creditor shows how much I know 

[andrew1402]

Truth is I don't know how to word it letter writing has never been my strongest thing

[Tbirdo]

No need to apologise we all need to start somewhere. I am not an expert myself either. 
The link below might be useful to You

You might be interested in POST 8, see if there is anything you can use to suit your circumstances.

 

good luck 

[andrew1402]

Thanks Tbirdo very much appreciated finding that gem but the guy didn't have a witness statement so do I risk not making one and see what April brings when they need to pay the court ?

 

or do I continue searching for other threads which might have a WS similar to case 

[dx100uk]

we'll sort you out ....we know its got to be done by the 20th

there isn't a util gas nor electric WS here anywhere for want of ref, by this time lowells have usually discontinued.

 

i'm toying with the idea of you exploiting your litigant in person advantage here and waiting until lowells send you theirs

that way we can rip it apart and it will give you the format too

 

now if you want a heads up

have a look at the various shuman/southern water ones will give you an idea.

 

all doc uploads here in this post for ef 

 

dx

 

 

 

 

 

2019-08-13 Lowell notice of claim issued.pdf docs+tomlin offer.pdf docs1.pdf docs2.pdf

[andrew1402]

ok I don't know if this any good as a WS but here goes .

 

This is my witness statement to back up my defence.

 

1. I received the claim from the Northampton County Court
dated 08/08 2019. 

  
2. Each and every allegation in the Claimants’ statement of case 
is denied unless specifically admitted in this Defence. 

  
3. This claim appears to be for a domestic utilities supply 
agreement. 

  
4. The Claimants’ statement of case fails to give adequate 
information to enable me to properly assess my position with 
regards the claim. 

  
5. The Claimants’ statement of case states that the account was 
assigned from Eon Energy Solutions to Lowell Portfolio. The Defendant 
does not recall receiving an authentic notice of this assignment from 
the original creditor - the version provided by the Claimant appears not 
to be an authentic document from the original copy.   

  
6. On the 11/08/ 2019 I sent a CPR 31.14. I requested the Claimant provide copies of the contract / agreement (the “Agreement”) between Eon Energy Solutions and the Defendant, terms and conditions of said contract, the Deed 
of Assignment, the Notice of Assignment, Default Notice, statements of the account, and all other documents or date they intend to use as e 
Eon and the Defendant, terms and conditions of said contract, 
of Assignment, the Notice of Assignment and of the 
Default Notice. 
Any information related to the Defendant and the said supply and service agreement. I requested true copies of the original contract / agreement, along with its terms and conditions, statements to show usage and payments against the account, the notice of default, notice of cancellation/termination of the account, notice of assignment, and any notes, memos, transcripts on file related to the account. 

  
7. On 28/08/2019 I received a response from Lowell Solicitors. The Claimant refuses to provide a copy of the original contract / 
agreement ( the “Agreement”) and is refusing to request a copy from the original creditor. 

  
8.Lowell Solicitors have provided copies of the Notice of Assignment, and a copy of a "final bill" from Eon energy Solutions dated 17/06/2014, but have not responded to my CPR 31.14 request, nor have they provided any other documents that I requested 

  I request the court orders the Claimant to provide the 
necessary documentation in order for me to fully plead my case 
else the Claim should stand struck out. 

  
In the event that the relevant documents are received from the 
Claimants I will then be in a position to amend my defence, and 
would ask that the Claimants bear the costs of the amendment. 

Signed
dated 

 

Edited January 13, 2020 by andrew1402