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Lowell claimform - old EON Util Bill


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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.

 

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

We could do with some help from you.

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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 by spesh88
Noticed error in earlier attachment. Amended and reuploaded.
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I will have to submit defence tomorrow between 2pm-4pm, so will go pretty much with previous draft, but would appreciate input prior if possible, thanks!

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I will go over it in the morning....not forgot you.

 

Andy

We could do with some help from you.

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Particular's 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

 

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. I resided at the property of supply from 21st April 2017 up until 17th October 2017 some six months at which time 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.Throughout this period EON only ever served estimated bills which were grossly over estimated with values unrelated to actual use. There was and still remains an unresolved dispute with EON which was never resolved prior to the assignment of the alleged debt. 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. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by EON and are therefore prevented from charging.

 

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,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.

 

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.

We could do with some help from you.

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Thanks Andy - much appreciated. I noticed that there are two point (4)s above, so I'l amend that and subsequent numbering, but otherwise looks great - thanks.

 

I'll submit via MCOL now, hopefully without problem.

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No...that's why it states " For reference only " to assist me in drafting the responses.

We could do with some help from you.

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 No worries, just wanted to be certain, thanks again. I've submitted now, so I guess the next step is waiting for it to be assigned to my local court?

Edited by spesh88
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Only if the claimant responds and informs the court they wish to proceed...(28 days) otherwise they will let it stay.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 2 weeks later...

Received an email very recently from an individual at Lowell who cc’d their ‘complex team.’ They note receipt of my defence and then a few points made:

 

  • 1)    There’s enough info for you to ‘identify the agreement’
  • 2)    You accept you were at property; we’ve given you the final bill, final balance not paid.
  • 3)    Checking whether dispute ongoing with client… final bill itemised, yes they were estimated, can you confirm you provided meter readings?
  • 4)    Blah blah, you are liable.
  • 5)    Evidence of liability provided via final bill.
  • 6)    Original agreement not required as: Utilities contracts are not regulated by the Consumer Credit Act 1974… no legislation requires assignor to retain a copy of the original agreement… statement shows had use of services… bill addressed at previous residence, indicates existence of an agreement… a copy of the Notice of Assignment attached also sent to previous address etc.
  • 7)    Points above address your point 7
  • 😎 Points above address your point 8

 

  • Our client wants to resolve, blah blah…. Propose lump sum payment to settle of £17X.XX. Offer open until XXth March etc.

 

Any action required on my part here? I’m assuming not but thought it worth checking.

 

Edited by spesh88
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No......let them proceed if they wish...as per my last post.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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urm...how did they get your email address?

we might need to cut that off if it gets to the disclosure stage..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks.

 

Not sure how they got my email address. Maybe from Eon? But I don't remember disclosing it.

 

I don't understand what you mean by cut that off or when the disclosure stage is. Can you explain please?

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you need to get reading up on the claim process 

just about any claimform thread here 

or Util Claimform 

use our search top right in the red banner

 

N180 next

then N157

then witness statements (disclosure stage)

 

as for the email.

we probably will need to send one email telling them not to use email for anything more to do with the claim else they'll be filling important documents 1 min before your WS deadline removing your chance in your WS to counter them as rubbish

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Thanks dx.

 

Are there any previous examples/templates for requesting them not to email me? If not I'll draft something and ask for feedback here, but I don't know if there's any specific laws/regulations I need to reference or specific content that should be included.

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On 24/02/2021 at 23:39, dx100uk said:

send one email telling them not to use email for anything more to do with the claim number xxxxx

as simple as that.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

did the court not write acknowledging they had received your defence?

 

dx 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Acknowledgement of receipt on MCOL ("Your defence was received on 15/02/2021 at 16:05:19"), but nothing in writing. It's possible they keep sending letters to my old address as that is listed on MCOL and I can't change it online, though I have twice had it confirmed from them via email that they have updated my record with my new address.

 

This morning I received a letter from Lowell Solicitors with a copy of the directions questionnaire. Haven't had opportunity to look through in detail yet (will be doing so tonight), but note they have agreed to mediation and also that they request a final hearing to be conducted by telephone. There doesn't appear to be much else.

 

I have not received anything further from the courts and nothing has changed/updated on MCOL since receipt of my defence as above.

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Posted (edited)

Ahh, actually I'm wrong, just checked "recent transactions" on MCOL and it says:

 

DQ sent to you on 21/03/2021

DQ filed by claimant on 21/03/2021

 

Interestingly done on a Sunday!

Edited by spesh88
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