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    • Thanks. I do live in England but do not own any property.   I have not heard from the banks for a while so will go back to them to see what they can offer.
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    • I unexpectedly had a couple of hours free this afternoon and thought I would have a bash at helping simeon drafting his counterclaim.  Everybody please feel free to comment on and - hopefully improve it!  (In particular I am not sure if I've got the terminology correct vis a vis counterclaimant and defendant - so that may need correcting).   I am aware that Andyorch and BankFodder often stress the importance of keeping POCs to the bare minimum so as not to give away your case too much.  Whether I've given too much detail - or not enough - here, I don't know.  As I say, it's free to be pulled apart, but simeon seems to have nothing else.   Paras 1 - 16 (in black typeface) are simply a precis based on what has gone before and I've used them to put the counterclaim in context. Paras 17 - 19 (in red typeface) are simply my attempt to provide a basis for simeon's counterclaim.   At the end of the day this is simeon's documant - nobody else's.  simeon has to satisfy himself that it is both accurate and true, and also says what he wants it to say.  He will also have to order and sort out any attachments.  As I said earlier, I'm NOT giving legal advice!   Here goes... ===================================================================================================== Counterclaim   1.      The defendant agreed to undertake building work (Project 1) at the counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously removed chimney breast and, c. To install a new beam to the patio door.     2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the counterclaimant and that the defendant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the counterclaimant provided the defendant with a full copy of the structural engineer's report which detailed instructions to the defendant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.     5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the defendant's work. The second payment would be paid at the halfway point of the defendant's work. The final payment would be made on completion of the total works.   6.      The defendant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the defendant asked the counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The defendant also stated that Project 1 was approaching mid-way and the counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the defendant’s work but the defendant was absent.  The inspector was obviously very displeased by the standard of the defendant's work.  The inspector spoke to the defendant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the counterclaimant’s structural engineer with his findings and the counterclaimant should hear from the engineer soon.   9.      The counterclaimant passed on the Building Inspector’s instructions to the defendant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The defendant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the counterclaimant to do the necessary work and this company was engaged by the counterclaimant to complete the necessary piling at an additional cost to the counterclaimant of £3300. (See receipt at Attachment1).     11.  The defendant asked if the counterclaimant needed any more work to be done and, despite the problems encountered on Project1, the counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.     12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the counterclaimant had occasion to make several complaints to the defendant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the defendant demanded payment for that work.  After a period of negotiation the counterclaimant agreed to pay him £2000 on 18 August 2020.    14.  The counterclaimant subsequently paid the defendant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.     15.  It later came to the counterclaimant’s attention that the defendant had removed material (including a steel beam) from the counterclaimant’s property that the counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the defendant admitted he had done this.  The counterclaimant has included the value of this material in his counterclaim detailed below.   16.    On 21 September 2020 the counterclaimant highlighted and sent a snagging list to the defendant (Attachment 2).  Over a month later the defendant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Attachment 3).  All of this snagging work remains undone by the defendant.     17.  Apart from the outstanding snagging work referred to in para 16 above, the defendant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   18.  During the course of carrying out work on Projects 1 and 2 the defendant also negligently caused substantial damage to the counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   19.  The counterclaimant seeks an order from the court directing the defendant to pay to the counterclaimant the sum of £nnnnnnn {Simeon - put in the actual total amount here} in respect of:   (a)   the cost of the piling referred to in para 10 above which the defendant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the defendant had left undone from Projects 1 and 2; (c)   the cost of remedial work to put right the damage negligently caused by the defendant and referred to in para 18 above; and (d)    the cost of the steel beam referred to in para 15 above.   A receipt in respect of item (a) - see Attachment 1 - and two priced quotes in respect of items (b) and (c) - see Attachments 6 and 7 - are attached in support of this counterclaim.     =================================================================================================================   What I'm not entirely clear about are two points.   First, it's not 100% clear to me whether simeon can properly claim the £3300 in paras 10 and 19(a) or not.  What I mean is, simeon is arguing that this work required by his structural engineer was always within the agreed scope of Project 1.  But it's not clear to me if it was within scope or whether it was entirely new and unforeseen work.  As I see it simeon can only counterclaim this amount from the builder if it had already been incuded in Project 1.   Second, the basis of the counterclaim still seems extraordinarily thin to me.  Is it sufficient at this stage just to allege that the builder caused any damage negligently and is therefore liable to pay to put it right.   That's it from me I think...    
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Lowell/Overdales (Eon) N1 Court Claim received.


Aterlatus
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Answers as per the sticky are below. Rounded numbers in brackets. :)

 

Name of the Claimant ?

Lowell Portfolio I Ltd

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 

29/10/2021

16/11/2021 to acknowledge

30/11/2021 to defend

 

Particulars of Claim

1.The claim is for the sum of (£600) due by the Defendant under a E.on Energy Solutions Limited account with an account reference of 01234567890

 

2.The Defendant failed to maintain contractual payments required under the terms of the account agreement.

 

3.The debt was legally assigned to the claimant on 30-09-20, notice of which has been given to the defendant.

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of (£50).

The Claimant claims the sum of (£650)

 

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

I have a letter from Overdales (11/08/2021) headed "Letter of Claim - 30 days to prevent legal action" if that fits the bill...

 

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

Yes, although Eon were aware of the new address - the bill is from my last property.


What is the total value of the claim?

Around £650

 

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

No, utility bill

 

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

Over the phone

 

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

Mid 2015

 

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

Yes, from Feb 2017 to Feb 2019. Account was open until I moved in early 2016 but there is no history from that period.

 

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. 

I think it was sold to Lowell, but it was some time back so memories are sketchy.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? 

I recall seeing something when it went to Lowell, but couldn't find the letter for the details.

 

Did you receive a Default Notice from the original creditor? 

No N/A

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? 

No N/A

 

Why did you cease payments?

Outstanding amount is disputed (resulted from two months significantly increased bills - circa £250/mo). Disputed with Eon at the time who were uninterested and would not respond to communication.

 

What was the date of your last payment?

Circa April 2016

 

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

Yes - small 2-bed mid-terrace house had significantly increased bills for two months compared to the surrounding months (circa £250/mo). Asked for additional information and for the meters to be checked but was ignored.

 

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

No.

 

 

 

My primary concern now is I could really do without this ending up as a stain on my credit file - hoping to be buying a house for my family within a few years. Is it still the case that even if it gets to court and the judgement was against me, a rapid payment would prevent it going on my credit file? I'm also obviously open to any support that is available in fighting this!

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Should be an easy one to win

 

We rarely lose util claims to lowell

 

In our enhanced google search box type in..

 

Lowell clainform util

 

And get aos and cpr done.

 

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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Nothing unusual for lowell s....most util debt claim s are simply made on scant info hoping defendant wets themselves...and coughs up.

keep scratching..get aos and crp done asap

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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AOS complete and CPR is in the post. The one thing that jumped out at me whilst putting together the CPR request was that there's no reference to a default notice in the POC, although Eon did stick a default on my file in 2019 (long after they stopped supplying and with no default notice).

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not covered by the consumer credit act so dont issue default notices.

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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Share on other sites

time to get reading up here now as detailed earlier

 

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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Share on other sites

  • Andyorch changed the title to Lowell/Overdales (Eon) N1 Court Claim received.
  • 2 weeks later...

I've had a response to the CPR now. Letter with redacted details is attached.

 

There was also a final statement from Eon included which still doesn't give me the information I need to verify the legitimacy of the bill (unsurprisingly - eon couldn't produce it when I first disputed). I also note there is no account number on that final bill to verify.

 

Any tips before I get the defence drafted up this evening? How far do I go with it? The POC is extremely wooly so keeping just to the points will be difficult, but I don't want to hand over the back story if they don't already have it.

Overdales.pdf

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Plenty of lowell util claimform threads here to base yours on get reading up put your defence up here well in advance for checking..needs filing by 4pm tomorrow.

 

Mention the useless cpr return with no account no.

 

use our enhanced google search box.

 

you see our std no paperwork/holding numerous times

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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Particulars of claim

 

1.The claim is for the sum of (£600) due by the Defendant under a E.on Energy Solutions Limited account with an account reference of 01234567890

 

2.The Defendant failed to maintain contractual payments required under the terms of the account agreement.

 

3.The debt was legally assigned to the claimant on 30-09-20, notice of which has been given to the defendant.

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of (£50).

The Claimant claims the sum of (£650)

 

 

 

Draft defence:

 

1. I the Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR 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 Ltd in the past. I resided at the property of supply from (August 2015) up until (April 2016) at which time I vacated the property and moved to a new address whereupon my new supplier was Npower and therefore it is not possible to leave a remaining unpaid balance. During the period of supply I made contractual payments to the sum of (£800) to Eon Energy Solutions Ltd.

 

3. 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.

 

5. The claimant has thus far been unable to produce any evidence that the alleged debt has been legally assigned to them.


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 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.

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I have tidied your defence and made a few tweaks...looks good.

 

Andy

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