Npower claim form *** Settled Tomlin Order ***

[Jayne777]

Hello

i was hoping someone might be able to give me some advice please.

 

It’s a bit complicated, but I’ve ended up with a claim form and I’m terrified. 

 

I moved house two years ago.

At my old address I was with npower.

I lived there for 3 years.

 

We had some financial issues and we were in arrears with npower, but we also were making some payments to them, as agreed with them.

When we moved, I had health issues (problematic pregnancy)  and was in hospital a bit and I didn’t straight away try to resolve the npower issues.

I heard no more from them

 

just over a year ago when I got a letter from William chapman solicitors, it was demanding over £4000 from us for npower.

They said they’d sent me an incoming and outgoing letter which I hadn’t received, so they emailed me a copy,

I sent it back to them and heard no more from them and didn’t chase them.

 

I then received a letter before action a few weeks ago and I now have a claim form from them, dated 14th May.

I don’t dispute that I owe npower some money, but I have no idea how the bill can possibly be as high as they’re saying.

 

Even if I hadn’t paid at all for three years that would still be a high bill, but we did pay, even though I know there were arrears. I don’t know how to proceed at all.

I can’t afford to pay them over £5000 which they now have the bill at, and I also can’t afford to get a ccj.

I’d like to come up with a payment plan but they didn’t respond last time I sent them one.

I’d really appreciate any advice please!

 

[Jayne777]

 

Name of the Claimant ? NPower

 

Date of issue – 14 May 2019

 

Particulars of Claim

 

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

1.The claim is for £4000 relating to unpaid charges for energy supplied by the claimant to the defendant, and set out in an invoice date 26 June  2017 full particulars of which have been delivered to the defendant.

 

2.And the claimant 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 section 69 of the county courts act 1984 from the due date to the date of issue at 8.00% per annum being £630 and further interest on a daily basis until the date of judgement or sooner payment at a daily rate of £0.91p.

 

The claimant claims

(1) the sum of £4000,

(2) interest of £630.00,

(3) continuing daily interest at £0.91p.

 

What is the total value of the claim? £5100

 

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

 

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

yes, but they were aware of this and have had my address from the day I moved

 

Did you inform the claimant of your change of address?Yes

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

 

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

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Probably phone 

 

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

 

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. - Npower

 

 

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?  Not that I’m aware of

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments?

We got into financial trouble, for behind, made an agreement to pay, which we did, then they increased the payments a lot and I couldn’t afford the new payments, and then we moved and our supplier changed

 

What was the date of your last payment? I don’t know

 

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

 

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

sort of yes, as part of our monthly payments, but they broke down shortly before we moved. I can’t honestly remember a great deal about it all as it’s a few years ago and I was regularly in and out of hospital at the time

[dx100uk]

Name of the Claimant ? William chapman

 

who is the name of the claimant not their solicitors please

[Jayne777]

Oh sorry, it’s NPOWER ltd

[dx100uk]

shame you ignored the letter of claim.

 

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/
ask for all the bills for the complete period claimed for in the POC above.

have you this invoice still they speak of from 2017?

if not ask for that too.

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]
 

[brassnecked]

Chances are there are discrepancies in the bills that make the amount on the claim inaccurate and possibly overstated.

[dx100uk]

E = Estimates

[Jayne777]

Thank you, I’ve done that. X

I will send the letter to solicitors in the morning.

 

what grounds have I got to defend it on? I’m getting so confused

[dx100uk]

well £4k is a lot of electric for one year so I would assume you had arrears for many years?

they mention an invoice they sent you in 2017.

have you got that?

I bet some of the bills were estimates too unless you were giving them regular readings or you had regular meter readers call and do it themselves?

 

but anyway, via the CPR 31:14 they will have to produce them all

 

 

[Jayne777]

This is the thing, we lived there for 3 years almost to the day, we weren’t with npower at the house before or after. And over that 3 years we did struggle to pay the bill for some of that time, and we did get some arrears, but it wasn’t anywhere near all of the time we live there

[dx100uk]

have you that invoice still?

 

[Jayne777]

I’ve looked through all of my paperwork and can’t find it anywhere so I don’t think so, I will have another look tonight 

 

And I remember most of the bills were estimates, they had a lot of trouble getting to one of the meters as it had been fitted really high. They did occasionally bring ladders and read it properly though

[brassnecked]

Room to argue with Estimates, did you have a proper opening and final meter reading as you say a meter was in a bad position?

[dx100uk]

get that CPR off

[Jayne777]

Yeah it was rented so the agents took photos of the start and end readings and phoned npower and gave their readings

[dx100uk]

then get those photos too

dx

[Jayne777]

The solicitors haven’t responded to my cpr request yet. 

 

I’ve been reading and reading and I have no clue what to base my defence on, can anyone give me any pointers at all please? 

[dx100uk]

defence is not due till/by 14th june 4pm

 

will be our standard holding / no paperwork one in most claimform threads here already

[Jayne777]

Thank you! I’ve seen that one and can adjust..

 

but what do I do if they do send the paperwork? 

 

Am i ok to put it up here and would you check it for me please?

[dx100uk]

dont submit a defence without getting it checked here

 

ofcourse...

 

have you not read upload 

and seen others doing it

[Jayne777]

Hiya

 

i thought I was sorted with my defence, I was just going to post it up here, but I thought it was ok, then when I've come to post it here and hope that you'd check it I realised I'd messed up, as its from the solicitors of npower and the debt hasn't been sold. I've had another go but I'm not sure I'm right with this, would you have a look at it for me please?

 

Also, if its due on the 14th, I was going to submit it today or tomorrow, is that right? I've been waiting too to see if I do get the documents I've requested but I haven't received them. I thought they would in all honesty get them out. I've been back through all of my paperwork again and I have not got the invoice they refer to. I've carefully filed everything I have received from them, which is actually very little, but I definitely don't have that so I can only assume I never received it at all.

 

Here is my second attempt at a defence..

 

Defence

1.       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 31.14 in relation to any particular allegation to which a specific response has not been made.

2.       Paragraph 1 and 2 are noted however as I do not recall the precise details of the alleged agreement, nor did I receive the invoice referred to and am unaware of a default being issued I have sought verification from the claimant.

3.       I have requested from the claimant information pertaining to this claim by way of a 31.14 request. The claimant has failed to date to respond the CPR.

4.       It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to:

a)       Show how the defendant entered into an agreement; and

b)      Show and evidence the breach and service of the Default Notice

c)       Show how the Defendant has reached the amount claimed for

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

6.       By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

 

 

[AndyOrch]

Please do not submit the above defence.....it is not correct for this type of claim.

 

I will draft you one more appropriate tomorrow.

 

Andy

[Jayne777]

Thank you so much 

Is the 14th the right date, that I have until then to file it? X

[AndyOrch]

Its actually Saturday 15th but MCOL closes down Friday 4.00pm...so we have until then. 

[AndyOrch]

Particulars of Claim (for reference only do not submit with defence)

 

1.The claim is for £4000 relating to unpaid charges for energy supplied by the claimant to the defendant, and set out in an invoice date 26 June  2017 full particulars of which have been delivered to the defendant.

 

2.And the claimant 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 section 69 of the county courts act 1984 from the due date to the date of issue at 8.00% per annum being £630 and further interest on a daily basis until the date of judgement or sooner payment at a daily rate of £0.91p.

 

The claimant claims

(1) the sum of £4000,

(2) interest of £630.00,

(3) continuing daily interest at £0.91p.

 

##########Defence ###########

 

1. The defendant contends that the particulars of claim fails to plead in accordance with CPR 16.4 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. The defendant did reside at a rented property from....to (insert dates ) for a period of three years in connection to the alleged amount claimed.I have never had any contractual relationship with Npower before or after the dates stated.

 

3. The letting agent did record meter readings at the start and end of my tenancy which ended over two years ago. 

 

4. During our occupancy of the above property it is admitted that we did encounter financial difficulties and did incur arrears with Npower.However we did continue to make payments as agreed by the claimant up until the end of the tenancy.

 

5.During the residency Npower  mostly relied on estimated bills and very rarely ever read or requested actual readings.

 

6.After leaving the property I had health issues (problematic pregnancy)  and was in hospital for lengthy periods and failed to resolve the Npower issues.There as been no contact since from the claimant up until over a year ago when I received a  letter from William Chapman Solicitors, demanding over £4000 They said they had sent me an incoming and outgoing letter which I hadn’t received, so they emailed me a copy, I sent it back to them asking for clarification and heard no more and so didn’t chase them.

 

7.I  received a letter before action  dated xxxxxx which only allowed 14 days  and have now received a claim form  dated 14th May. It is my understanding that pursuant to Pre Action Protocol (PAPDC) the claimant has failed to allow the required period of time to resolve this matter without need of a court claim It is therefore respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

8.It is accepted that a balance is due but not of the amount claimed .It is not possible to owe that amount over a 3 year occupancy whilst continually making normal payments and payments to arrears.

 

9.Therefore the claimant is put to strict proof to evidence and quantify the amount claimed by way of meter readings and providing a full statement of payments made and charges during the three year tenancy from dates  xxxxxxx to xxxxxxxx.

 

10.For the reasons set out above the defendant denies she is indebted to the amount claimed  and the claimant is denied the amount requested and any interest as applicable.

 

 

 

 

One defence.....check it over for accuracy and edit if necessary.

 

Regards

 

Andy