Lowells Claim Form - old Talk Talk debt and an Eon Debt *** Claim Discontinued***

[sillygirl1]

Hello all, after a very long time (over 4 years) I am being chased by Lowells over an alleged Eon bill - long disputed even before the alleged 2014 default date.

 

This is from when they started 'backbilling' me when I moved into a flat previously occupied by people who had a key meter fitted.

I took over the tenancy and they hassled me over alleged 'back amounts due' which had nothing to do with me.

The amount of the bill is 1110 + (according to Lowell it is NOT statute barred as the default was in 2014 - default actually would have been 2012/2013).

 

I've had no other correspondence or statement from either Eon or anyone else in the last 4 years.

 

Is my best move to CCA them - and where is the latest template letter?

 

 

[fkofilee]

Welcome back SG - Its been a while

A CCA wont apply here - Its not an agreement under the CCA 1974 - Have they threatened to do court yet?

They started picking up these Util debts recently. Havent seen one go legal yet... But id ignore it for now.

 

Do you have proof of when you moved in? If so you are not liable for this and you would beable to defend these easy in court

[sillygirl1]

Yes, I have the council tax docs.

 

I wont do anything until they increae their threat level.

[fkofilee]

Id let them keep sending their threatograms... Just note that since you were last here - The process for raising claim forms has changed.

If you get a letter of claim - You will have 30 days before the claimant will issue a claim form

[dx100uk]

its quite safe to ignore most DCA's on utils bills

they think it gives them magical powers it doesn't

 

lowells have recently bought a whole load of these EON debts and a few threads have popped up.

 

they've not done court nor have I seen any DCA do court on a utils bill.

 

dx

[sillygirl1]

Thanks for the advice! Im a bit out of touch az I havent been chased in ages and I know its bear the 6 year mark dor sime older disputed ones.

[sillygirl1]

Ive received a claim. form from Lowells for an old Talk Talk debt and an Eon Debt on the same claim and need urgent help in filling it our.

 

I have also got a complaint in with the FCA so will inform them tomortow if Lowlifes idiocy.

 

Out of touch wirh what to do...

 

 

[dx100uk]

please complete the following:

 

 

[dx100uk]

popped in a few old posts for the eon debt above too for history 

[sillygirl1]

I did that dxq00uk, can you unmerge this tjread as that was a different account in 2014, NOTHING to do with this one.

 

Do I need to send them anything?

 

Account 1 s old mobile contract

Account 2 is old electricity account

 

[sillygirl1]

Sorry DX100UK, it IS the same claim soI now have further grounda.

 

I have poor particulars I cam PM over if needed, took a photo of them before I left today.

 

Need to stress kong running complaint with Ombudsman, getting onto them this morning.

 

Want to stress employmemt ending in October and several health conditions under investigation.

 

Also need to point out Lowells contacted by phond and post many tumes stressimg eon debt ling in dispute.

[dx100uk]

if you wish but it would really help if you could copy the q's from that link to a post here and answer each q at the end before submitting.

 

dx

 

[sillygirl1]

 

Name of the Claimant ? Lowell Portfolio Limited

 

Date of issue –14 August

 

Date to acknowledge - 1st September

 

date to submit defence  - 13 September

 

Particulars of Claim

 

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

 

1) The Claim comprises the following Agreements the Defendant entered into:

 

a.  Talk Talk Telecom Group plc with ref xxxxx current balance £120.87

b.  E.on Energy Solutions Ltd with ref of xxxx and current balance of £1141.65

 

The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.

 

And the Claimant claims:

 

a) total of thensaid sums being £1262.52

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 being £101.00

c) Costs

 

What is the total value of the claim?  1513.52

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? A few weeks ago, replied by phone and post denying everything

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? In 2015, this relates to an old address.  last payment on electric account Nov 13

 

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?

 

a) TV/Broadband terminated when they had two well publicised data breaches

b) old utility bill

 

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

 

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

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?NO, hasn’t been there in ages

 

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?On Lowells own paper a while ago

 

Did you receive a Default Notice from the original creditor? Cant remember

 

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

 

Why did you cease payments? Bill in dispute as greatly overcharged and meter faulty, daily readings very high

 

What was the date of your last payment?

 

TV/Broadband unknown

Eon said 13 November 2013 so nigh on statute barred, defaulted long before this payment....

 

Was there a dispute with the original creditor that remains unresolved? Yes to both accounts

 

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

 

[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 running to the sols [or the claimant if none are listed]

 

 

 

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]
 

 

 

[sillygirl1]

Thanks.  

 

All done.

 

Will keep you informed of progress.

[sillygirl1]

No info from Lowell’s yet but I have enough from my own records to do a defence.

 

Is there a draft one about.  I am hoping they will discontinue, its statute barred in November so they are taking the proverbial here....

[dx100uk]

TV/Broadband terminated when they had two well publicised data breaches

expand please 

what was the dispute

[sillygirl1]

On 26/08/2019 at 12:14, dx100uk said:

TV/Broadband terminated when they had two well publicised data breaches

expand please 

what was the dispute

Dispute with Talk Talk was their data breaches.  had to stop using old email and house phone due to spam calls.

 

Eon was long running dispute over billing, first bill included amounts Inwas not liable for (they thought Inowned the property when I only rented it and tried back billing me).  The meter was also faulty and they had me domdaily readings which proved that, meter was changed but they didn’t honour their agreement to remove  over billing.  Part payment was made in Nov 2013 but they still sent incorrect bills.  I moved from there in May 2015 with billing unresolved.  Final reading was given and was way way lower than theirs.

[dx100uk]

so should be a walk in the park on both then.

 

std no paperwork/holding defence in most claimform threads in this forum

with I expect a line for each debt outlining both were in serious dispute with their respected original providers because of xxxx

 

finer detail is for later if lowells don't drop the case as they appear to be doing on most of these non cca claims recently once robustly defended from the off set

[sillygirl1]

 

Thanks, defence then is

 

1 2 different debts with two different companies

2 Both in dispute

3 One debt almost statute barred

 

can younpointbmebto a draft defence, haven’t had to do one in a few years,

[dx100uk]

near SB is irrelevant.

 

there are a couple of util bill claimfrom threads just below yours.

mixing any of the talk-talk / mobile / broadband claimform defence bit too.

 

dx

 

[sillygirl1]

Thanks, eill draft simething this evvening.  Want to get it to them asap.

[dx100uk]

post it here 1st.

don't file yet

not due till 13th!!

 

 

dx

[sillygirl1]

Draft defence

 

1,  The claimants  are claiming two different accounts with two different companies,.

 

2.  Repeated requests to the claimants for information regarding these accounts have been ignored.

 

3.  The Talk Talk account for 120 is for charges after the account was closed due to well publicised data breaches, a further data breach occurred when they passed the unsubstantiated claim to the claimants.

 

4.  The Eon debt has been long running since the inception of that account in 2012.  In November 2013 a partial payment was made to try and resolve the issue but Eon failed to uphold their agreement and contract with me,  Therefore this account has been in dispute for a considerable time.

 

5.  The claimants sent a series of letters about these two alleged debts offering discounts of up to 70%, each time I telephoned and asked for  further information they failed to provide it.  

 

6.  By putting two unrelated debts together the claimants have provided the courts with misleading information and therefore the claim should be  struck out.

 

7.  The defendant has continually informed the claimants of the circumstances around these disputed debts and has been denied any evidence the claimants have a right to legal action.

 

8.  The defendant has no legal training and can not afford legal fees, therefore the claimants claim for costs and interest should be denied.

 

9.  This is a statement of truth by .....

 

I don’t

Edited September 6, 2019 by sillygirl1

[AndyOrch]

So you dont intend submitting a CPR compliant defence or adapting our standard defence ?