Merligen/Moriarty Claimform - old Co-Op Util Dual fuel energy debt

[aksl]

Hi all,

 

I would be grateful for some assistance with a claim I have received made by Merligen Investments for a debt that they have acquired from Co-operative Energy.

 

I am aware of how to acknowledge the service. I would be grateful for some assistance with creating my CPR 31.14 for them. ** I have detailed what I have written so far at the bottom of this post **

 

I have supplied the info requested below:

 

Name of the Claimant ? Merligen Investments Limited

 

Date of issue –  11 MAR 2021

 

Date  to acknowledge) = 29.03.2021 

 

date to submit defence = 12.04.2021 

 

Particulars of Claim

 

What is the claim for – 

 

1.The defendant owes the claimant £4000 in respect of gas/electricity charges supplied to the defendant by Co-Operative Energy Limited (Debt)

 

2.Which debt was assigned to the claimant on 01/11/2019 and notice of which was given to the defendant on the 01/11/2019.

 

3.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £4000

 

4.and further claims interest thereon pursuant to section 69 of the County Court Act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £300

 

What is the total value of the claim? £4860.68
 

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

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no
 

Did you inform the claimant of your change of address? n/a

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? no - energy bills
 

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 ? ?
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

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? unsure
 

Did you receive a Default Notice from the original creditor? unsure
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? no
 

Why did you cease payments? August 2017
 

What was the date of your last payment? August 2017
 

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

 

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

Request for documents mentioned in a statement of case under CPR 31.14

(template removed please read what it said in red at it's top - dx)

 

1.     Detailed breakdown of the gas/electricity charges

2.     The deed of assignment

 

Any help would be greatly appreciated!!

 

[dx100uk]

so why did the co-op sell the debt on and not crush you themselves?

it's very easy for any energy supplier to get a CCJ and send in HCEO bailiffs or simply just get a court order to force entry and fit pre Payment meters

 

whats the history of this debt please

and for now many years previous to 2017 does this +£4k bill run for

 

 

[aksl]

I have no idea why co-op sold the debt.

The debt arose from tariff changes and I quickly went from credit to arrears.

 

At the time I was having serious family issues and unfortunately a lot of other things were left and the issue went unnoticed. I spent a fortune on solicitors and court fees for child custody for my child and other bills were left unpaid, which worsened the problem.

I tried to make an agreement but was told I was unable to switch provider or to a cheaper tariff whilst in arrears. I made payments to cover usage and to start to reduce the arrears. I was then made redundant and the issue worsened still.

 

When I started work again I attempted to resolve the issue but Co-op were less than helpful and still refused to allow me to move to a better tariff. I made several complaints. I was made redundant for a second time and finally I was allowed to switch provider.

If memory serves me correctly the final amount owing to Co-op was far less than the amount claimed for now. I can’t remember for how long this bill runs for. 
 

Hope this helps. 

 

Hi dx,

 

Apologies, I’m not sure what you refer to, with regards to your comment:

 

(template removed please read what it said in red at it's top - dx)
 

The cpr 31.14 request I had posted was edited from one I sent regarding an old debt a few years ago. 
 

I would be grateful if you could give me some further info. 
 

Many thanks in advance. 

[dx100uk]

ok all our templates state at the top do not publish in the open forum, which is why everything here is always PDF only, whereby nly registered users can access/see them.. 

we wouldn't want say a DCA spy seeing things now would we...

 

now in terms of the CPR and what to request.

you can't ask for the deed so that would never have been advised nor in our list of stuff you can ask for on the template

you must of added that yourself before. on our list will be the Notice of assignment which you can request.

you also need to ask for every bill be that gas or electric which makes any part of the sum claimed.

 

as the claim was issued this year, there is a 6yrs limit to how far they can go back, so if some of the sum is for billing from before mar 2015, the sum of those bills must be removed from the claim.

[aksl]

Ok thanks dx. 
 

Sorry for posting the info for the enemy to see  Thanks for deleting. 
 

I think the cpr request I used was one from a template on an old site, something along the lines of ***** free. This was an old credit card debt from the same period that went to court a few years ago. The claim was thrown out by the judge based on the refusal to provide the deed of assignment, as I think my defence was around proof of ownership of debt and cited legal precedent from another case (I won’t name it in case any spies see it). Was hoping (maybe naively) this would give the same end result. 

 

Can you please advise how I should proceed. I would be grateful with help writing my cpr 31.14 and later my defence. 

Many thanks again. 

[dx100uk]

 

as well as removing the existing 1-4 list,  remove the line before that mentions the CCA 1974.

 

insert.

 

the Notice of assignment which you can request.

you also need to ask for every bill be that gas or electric which makes any part of the sum claimed.

 

 

you do NOT await any return

you must file your defence by 4 pm 12/4.

 

plenty of

util claimform

threads here 

use our search in our top red banner 

 

the Notice of assignment which you can request.

you also need to ask for every bill be that gas or electric which makes any part of the sum claimed.

 

 

 

 

 

 

[aksl]

So, I sent my CPR 31.14 and requested the following:

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, 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. Further, that any general conditions incorporated in the contract should also be attached.

 

2: Notice of Assignment

 

3: Every bill, in respect of gas/electricity charges supplied, which make up any part of the sum claimed

 

I have received a reply confirming their position is that the outstanding balance remains due. The reply includes:

 

1. a copy of a final bill dated 19 March 2018 for £4,255.26. This included a previous balance of £3,974.38 and new charges of £280.88 (for 11 December 2017 - 12 March 2018). This bill is based on estimated start readings and estimated end readings.

 

2. a copy of a letter from Coop Energy giving notice of assignment dated 02/12/2019. 

 

As in my earlier message, even though I was repeatedly told I was unable to switch tariff or provider, the bill states that if I was to switch to Coop's cheapest tariff I would save £240.26 a year on electricity and save £149.50 a year on gas.   

 

I would be grateful for assistance in compiling my defence. Please let me know what further information you need me to provide.

 

[dx100uk]

please scan up to ONE multipage PDF everything they have sent

read our upload guide carefully.

 

dx

 

[aksl]

here is the full response

 

Merligen Response .pdf

[dx100uk]

so zilch there to prove what the +£4k debt comprises of then...

 

when are DCA's going stop thinking a utils debt gives them superhuman powers....

 

dx

 

[AndyOrch]

Defence due Monday 12th 4.00pm

[aksl]

Hi folks,

 

Wanted to submit my defence today. I’ve had a look but I’m struggling to find any templates in the threads. Could someone please point me in the right direction or help me out with what to put for my defence. 
 

Many thanks in advance. 

[dx100uk]

use our search in our top red banner.

util claimform

post it up here 1st please for checking.

 

Programmable Search Engine (google.com)  <<clickme

 

 

[aksl]

I have had another good look around but still struggled to find any templates. I did find a defence on a thread that I have adapted below. I would greatly appreciate some input before I file it. Again, many thanks in advance.

 

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 Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from hanging to a cheaper tariff or switching provider as there was an outstanding balance on the account.

 

3. Throughout this period Co-operative Energy served estimated bills. This is shown in the one copy of a bill that the claimant has been able to provide. The claimant has given no details as to the full breakdown of their claim and 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 Co-operative Energy and are therefore prevented from charging.

 

5. The claimant does 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.

[dx100uk]

good i can see where you got that from 

pers i'd put back, suitable adapted the line:

 

3.Throughout this period XXX 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 XXX which was never resolved prior to the assignment of the alleged debt.

[aksl]

Hi thanks dx.

 

I have amended and my updated version is below.

 

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 Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from changing to a cheaper tariff or switching provider as there was an outstanding balance on the account.

 

3.Throughout this period Co-operative Energy only ever served estimated bills which were grossly over estimated with values unrelated to actual use. This is shown in the one copy of a bill (the final bill) that the claimant has been able to provide. There was and still remains an unresolved dispute with Co-operative Energy which was never resolved prior to the assignment of the alleged debt. Furthermore, the claimant has given no details as to the full breakdown of their claim and 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 Co-operative Energy and are therefore prevented from charging.

 

5. The claimant does 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.

[dx100uk]

i believe thats ok

let @Andyorchcheck it over mind

 

dx

 

[aksl]

Thanks dx. 
 

Hi @Andyorch I would be really grateful if you could have a look over my defence before I submit. Deadline is today. 
 

Many thanks in advance. 

[AndyOrch]

That's fine go a head and file.

 

Andy

[aksl]

Thanks very much Andy!

[aksl]

So, on the 1st May (Saturday) I received a 'Notice of Proposed Allocation to the Small Claims Track'.

 

It states:

 

TAKE NOTICE THAT

 

1.  This is now a defended claim.

      The defendant has filed a defence, a copy of which is enclosed.

 

2. It appears that this case is suitable for allocation to the small claims track.

     If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire           (Form N180) and explain why.

 

3. You must by 10 May 2021 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties.

 

Unfortunately, as I have been working away, this is the first opportunity I have had to deal with it.

 

I would be grateful for some assistance with my N180.

 

1. Can I file my N180 online?

2. Are the responses fairly standard for most cases or will they vary depending on the circumstances.

    For example what should be my response for 

    A1 Do you agree to this case being referred to the Small Claims Mediation Service?

3. If they are standard can I follow the below that I found on another thread:

       

Yes to mediation No if its statute barred or a parking claim.

Yes to Small Claims Track

State your local County Court 

1 witness = yourself

 

   Or if they are not standard, could anyone please advise on how to respond.

 

4. I saw another thread but was slightly confused as it seemed a little ambiguous.

     Am I correct in thinking that I give contact information on the court copy and sign it but do not give any contact info or sign the copy to the             claimant's solicitors? Could some one please clarify?

 

Many thanks in advance.

 

 

 

[dx100uk]

3 copies

1 wit you 

the rest is obv.

 

1 to the court

1 to moriarty (minus phone/sig/email)

1 for you file

[AndyOrch]

In response to the points you raise yes you can email the N180 but you cant submit it on line direct. It must be sent by 4.00pm on the date stated within your Notice of Proposed Allocation to the Small Claims Track.

 

Email for MCOL Directions Questionnaire

[email protected]

 

Andy

[dx100uk]

wonder what happened?