Lowell claimform - old EON Util Bill ***Claim Discontinued***

[spesh88]

Hello, I have received a Claim Form from the County Court Business Centre for around £250 from Lowell who believe I owe them for a previously unpaid debt with Eon.

 

Whilst there were a number of inaccuracies and very poor practice from Eon (I didn't have access to the meters in a shared building, they AFAIK didn't provide me with any evidence of those readings either,

 

but I suspect if they had access, they didn't have to), I believe the debt may well be accurate and their claim will probably stand up in court.

 

I will be looking to get my first mortgage in the next 12 months and despite having a previously poor credit score, have built it up to be reasonably good now. Under no circumstances do I want to risk court orders/CCJs damaging this rating.

 

I have had great advice from these CAG forums and forumites before - I successfully stood up to Hoist regarding their claim of a significant debt and did not go to court (they pulled out on the last day),

 

 i am no stranger to these things, but I do not have the time to go into such detail on this one, certainly not when I can afford to pay the £250.

 

I am therefore prepared to pay this, but my question is, if I do so, will the claim process be dropped and will I therefore avoid having to go to court?

 

Will my credit rating be affected anyway? 

If my credit rating will be damaged anyway even if i paid, then I would potentially go through the detailed process of illustrating poor processes etc from Eon/Lowell to illustrate their mistakes and contest the fee.

 

Thanks in advance for any and all advice.

 

 

[spesh88]

Completed the 'received a claim form' post questions.

 

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue –  14 Jan 2021

 

Date to submit defence  – 15 Feb (edit - dx)

 

Particulars of Claim

 

What is the claim for – 

 

1)    The defendant entered into a supply and service agreement with E.on Energy Solutions Limited under the account number XXXXXXXX (‘the Agreement’)

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

3)    The Agreement ws later assigned to the claimant on 12/707/2019 and notice given to the Defendant

4)    Despite repeated requests for payment, the sum of £16X.0XX remains due and outstanding.

And the Claimant claims
a)    The said sum of £16X.0XX
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 a daily rate of £0.0XX, but limited to one year, being £1X.XX.
c)    Costs

 

What is the total value of the claim? ~£250

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I believe this is the first time I have been made aware of this claim.

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, more than once.

 

Did you inform the claimant of your change of address? Once yes, subsequent occasions, perhaps not.

 

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 ? After.

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Don’t remember, but it certainly could have been signed in person at my front door.

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No, I cannot see it on creditkarma.

 

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. Originally Eon, assigned to a variety of debt agencies (may be nameplates for the same one?) before now being with Lowell.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so, but not certain.

 

Did you receive a Default Notice from the original creditor? Not that I can recall, but it is possible.

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not that I recall.

 

Why did you cease payments? I did not have access to the meters in a locked room in a building with several apartments for a period of around a month. I had no way of knowing whether Eon’s readings were correct, accurate or estimated. They also made mistakes on my account adding around £900 for no given reason. I had to challenge these and they subsequently ‘credited’ my account with about £3800-900 – presumably to kind of balance out this error. Perhaps this value was from a previous apartment occupant or a misreading?

 

What was the date of your last payment? I am not certain, but it could have been June 2017

 

Was there a dispute with the original creditor that remains unresolved? In a sense yes, because I could never be certain the final bill was accurate and it seemed high.

 

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

 

[BankFodder]

I haven't looked at all the details you have given about the claim – but I have seen that in your first post you say that you believe you probably do owe the money, that it is about £250 and that you are prepared to pay it and you are particular concerned as to whether the claim will be dropped so that you won't have a judgement which will impact on your credit file.

The answer is yes, if you pay the sum claimed plus costs – then that would bring an end to the matter.

I suggest that you email the claimant immediately and tell them that you are paying it and that they can withdraw the action. They will want the money before they withdraw the action so you need to get that moving.

If later on you feel that there is a mistake and you shouldn't of paid it then we can help you recover it. But probably in view of the relatively small sum and the long-term impact on your credit file and mortgage hopes, the best thing to do would be to pay it. After that if there is any dispute – you will have the moral high ground

[spesh88]

Thanks for the advice.

 

I will email them saying I will pay. Do i need to get it in writing by reply that they will withdraw the action if I pay?

 

Is there any other specific action I need to take other than pay in the manner they request?

 

And just to add - what action do I then need to take (if any) with the claim form?

 

 

Edited January 20, 2021 by spesh88

[dx100uk]

i doubt you do owe it

EON's billing system was crap at that period

we've not lost any of these lowell old util bill claims yet.

 

pers i'd run this till the very end

they usually discontinue at the last moment

and even if you lose as long as its paid in 28days it won't show nor hurt you.

[spesh88]

Sorry, can you just confirm and explain this a little further.

 

Are you saying that if it goes to court and I am ordered to pay, then as long as I do pay within 28 days there will be no record whatsoever on my credit file?

 

Edited January 20, 2021 by spesh88

[dx100uk]

correct!

 

 

 

one of many wins

follow this

get your AOS and CPR done

all in this thread

lowell Claimform - OH's old EON util debt ***Claim Discontinued*** - Legal Successes - Consumer Action Group

[spesh88]

Thanks, have been through the links. So if i contest, can you confirm this is the process please (quoted from a different thread and post of yours I believe, I just wanted to check this is correct and relevant in my case):

 

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 (not sure what this is yet)
.
 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 

(So send the CPR 31.14 to Claimant address, - correct? Copy of my draft version below)

 

 

 

[dx100uk]

Correct

Can you remove our template please

It does say in red at the top not to post in the open forum

[spesh88]

Thanks - I'll go through that process.

 

Apologies, didn't see that about not c&p the template. However, unfortunately, I no longer seem to be able to edit that post, perhaps you or another site admin can remove my template?

[dx100uk]

remember you do not await any returns you must file your defence by 4pm day 33.

i notice and have edited your defence filing date of 1st feb you put in response to our questionnaire.

the corrected date is by 4pm 15th feb.

 

plenty of

lowell claimform util

threads here to read 

 

 

 

 

 

[AndyOrch]

Topic moved to General Legal Issues Forum.....please continue to post here.

 

Andy

[spesh88]

I have AoS using MCOL. Slight issue in that it has an old address listed and I had no way of changing it using the system. I have emailed mcol@hmcts.gsi.gov.uk to ask them to amend/update, but don't know if that will work. Regardless, at this point I don't think it changes what i need to do - but correct me if I'm wrong.

 

So, next step would ordinarily be "get a CPR 31:14 request running to the solicitors asking for all relevant bills" Is that correct? Having said that, I have copies of the bills from Eon, and Lowell have also sent me copies of bills. Should i still go ahead with this regardless?

 

Folowing this, my next step would be filing my defence, correct? And, now that I've done the AoS. I'd really appreciate a sanity check on when I need to file my defence by if that is indeed the next step.

 

I'll be looking at more threads. I'd like to be able to put all of this to one side until Feb 3rd (I have an absolutely crucial - 5 years of work to get to it - deadline of 2nd Feb for something I'm working on that is totally unrelated but is eating up all my time until then). Am I correct in thinking it's okay to leave this until Feb 3rd now??

 

Thanks again for your help thus far. Donation made.

Edited January 25, 2021 by spesh88
Typos

[dx100uk]

Already stated twice 15th feb

 

Send the cpr 31:14

 

You do not wait or miss defence filing date

[spesh88]

CPR 31:14 was sent on Sat 30th Jan. Signed For.

Edited February 1, 2021 by spesh88

[dx100uk]

On 21/01/2021 at 12:27, dx100uk said:

remember you do not await any returns you must file your defence by 4pm day 33.

i notice and have edited your defence filing date of 1st feb you put in response to our questionnaire.

the corrected date is by 4pm 15th feb.

 

plenty of

lowell claimform util

threads here to read 

Cpr should have been sent 2 weeks ago, not take 10 days from 1st being told here to do then eventually do it

 

Dont mess around get you defence ready now.

[spesh88]

Particulars of Claim for reference only.

 

 

1)    The defendant entered into a supply and service agreement with E.on Energy Solutions Limited under the account number XXXXXXXX (‘the Agreement’)

 

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

 

3)    The Agreement was later assigned to the claimant on 12/07/2019 and notice given to the Defendant

 

4)    Despite repeated requests for payment, the sum of £16X.0XX remains due and outstanding.

 

And the Claimant claims

a)    The said sum of £16X.0XX

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 a daily rate of £0.0XX, but limited to one year, being £1X.XX.

c)    Costs

 

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 17^th October 2017 I vacated the property and moved to a new address whereupon my new supplier was British Gas 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. On 9/9/19 I wrote to the claimant ‘Lowell Financial Ltd.’ in regard to the Financial Conduct Authority (FCA) Consumer Credit sourcebook stating “In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.” The claimant failed to respond with evidence as to my liability yet continued to send letters regarding ‘outstanding accounts’.

 

5. 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.

 

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

 

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

 

 

 

.

 

Draft defence above - I'd appreciate your feedback, thanks.

 

Can i submit okay via MCOL? Otherwise as my deadline is next Monday at 4pm, I'd want to send ASAP, i.e. today or tomorrow morning at the latest guaranteed next day.

 

A couple of further points/questions:

 

-          Should I remove point 2? As I did not change supplier at the original address, but moved house to a new address.

-          I do not know why I stated above in post #2 (3) that I was made aware of the agreement was assigned the claimant and given notice – I have no record of that (perhaps it was from a copy and paste). I can only therefore assume I was not made aware.

-          There is a further error above in “why did you cease these payments” which states “subsequently ‘credited’ my account with about £3800-900” it should read “subsequently ‘credited’ my account with about £750”

-          MCOL updated my address they confirmed via email.

-          I have not heard back from CPR 31.14

 

A chronology here of my records, as accurate as I can get. I'd appreciate it if someone could advise if I should remove this or if it means I should change anything in my defence.

 

Chronology
----------

21/04/17 - Moved into property
UNKNOWN  - Visit from someone (Eon rep poss) - gave my details inc. date moved in.
05/06/17 - Eon estimated bill £41.28, period 21/04/17 to 05/06/17
27/07/17 - May have submitted meter reading (which they may have used for subsequent incorrect bills)
01/08/17 - Paid Eon £41.28
19/09/17 - Eon estimated bill £916.39, period 05/06/17 to 19/09/17. They acknowledge my payment of £41.28

 

17/10/17 - Vacated property, moved to new address.
14/11/17 - Sent message via Eon website informing them of my new address and querying £9xx bill
20/11/17 - Eon estimated bill £154.09, period 21/04/17 to 17/10/17. Includes credit of £735.14. No explanation. Sent to my new address.
10/12/17 - Eon reminder request for £154.09
29/12/17 - Eon reminder request for £154.09 and threat of DCA
31/01/18 - Eon 'last chance' request for £154.09 and threat of DCA
09/03/18 - Wescot requesting payment
26/06/18 - LCS requesting payment
06/07/18 - LCS requesting payment
16/07/18 - LCS requesting payment
28/12/18 - Pastdue requesting payment
14/01/19 - Pastdue requesting payment
30/01/19 - Pastdue requesting payment
17/02/19 - Wescot requesting payment
27/02/19 - Wescot requesting payment

 

XX/02/19 - Moved to new address
27/03/19 - Pastdue  requesting payment at new address
12/04/19 - Pastdue requesting payment
29/04/19 - Pastdue requesting payment

29/08/19 - Pastdue requesting payment
30/08/19 - Lowell Financial requesting payment
09/09/19 - Sent 'Prove it' letter to Pastdue.
09/09/19 - Sent 'Prove it' letter to Lowell Financial Ltd.
16/09/19 - Lowell Financial requesting payment
26/09/19 - Lowell Financial Ltd. send copy of final bill

 

XX/10/19 - Moved to new address
20/07/20 - Lowell letter 'get an understanding of my situation' at new address
29/09/21 - Lowell letter 'get an understanding of my situation'
30/10/21 - Lowell letter 'your outstanding accounts'
20/11/20 - Lowell Solicitors letter 'notice of acting'
20/11/20 - Lowell letter 'passing to their solicitors'
19/01/21 - Lowell Solicitors 'Notice of Claim issued'

 

 

[AndyOrch]

I would lose all of point 4....irrelevant at this stage.....save for later.

Your point 3 contradicts your point 2...you appear to know and tell all the details.

Andy 

[spesh88]

Thanks, i see what you mean.

 

Whilst I suspect the claimed amount is for electricity supply yes, it is without specificity or evidence, all estimated and no clarification on addtions of £9XX or subtractions of £7XX to what they claim I owe. But I guess that is dealt with in points 5 and 6?

 

So perhaps ditch point 3 and 4 at this stage then and submit the rest?

[AndyOrch]

Well its obvious its a Utility debt (EON)...but the claimants particulars are vague sparse to say the least. No dates of the service agreement...no debt details or dates. Is it electric or Gas ?  who knows could be anything.

 

The only date they provide is when it was sold to them.12/07/2019.

 

Your defence is due 15th Feb ?

[spesh88]

Yes, due Mon 15th.

 

The claimant's particulars are vague, yes. Though they have sent me a bill with details in the past.

[AndyOrch]

Eon estimated bill £41.28, period 21/04/17 to 05/06/17..Paid.

 

Reading through your chronology for the period from 05/06/17 to 19/09/17 and you left the premises on the 17/10/17.

 

20/11/17 - Eon estimated bill £154.09, period 21/04/17 to 17/10/17. (Should be from 05/06/17 to 17/10/17) already paid £41.28 so should be £112.81.

 

From moving into the property 21/04/17 to leaving on 17/10/17. ...say 6 months residency you made one payment of £41.28

[spesh88]

The £154.09 takes into account the previous payment of £41.28 in the bill itself.

 

The final bill lists all of the 'usage' from 21/04/17 to 17/10/17, includes the £41.28 payment, and also the £900 charge and the ~£750 credit as well as around a dozen entries for further usage to result in an end figure of ~£154.

 

But everything is estimated and there is no explanation of the £900 other than listing a number of used kw, that is later ignored for other readings nor is there any justfiication/explanation for the credit added back in.

 

Perhaps easier to scan and pdf (with identifiers redacted)?

 

Bills with account details redacted.

 

This was for a studio apartment.

 

[AndyOrch]

Thanks.....yes its important to try to unravel the dispute before committing the defence...will look at the bill shortly

[spesh88]

Thanks Andy, much appreciated.

 

Please could you remove the previous attachment though - I missed an indentifier - apologies. Will reupload with further redaction.

Combined Bills Redacted v2.pdf

Edited February 12, 2021 by spesh88
Noticed error in earlier attachment. Amended and reuploaded.