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Lowell/Overdales (Eon) N1 Court Claim received...***Claim Discontinued***


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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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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  • 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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  • 3 months later...

open..

 

mediation??

 

the claim should be well stayed if you filed a defence in november last year!!

 

tell us what has happened in/out since then

 

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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Yep, so I got the DQ from Overdales, followed by one for me to complete from the courts a few weeks later. Filled that out as per advice I got from other similar threads, including agreeing to mediation. (Edit: Returned around start of Feb)

 

In the meantime, I've had several letters from Overdales asking me to agree to partial payment which have been "appropriately filed". They've also sent out a copy of the final bill which doesn't answer my original dispute.

 

Mediation is scheduled for tomorrow, but I've still not had anything that justifies the claimed amount so my perspective is the account remains in dispute.

 

As a recap, I did have an account with eon, I did make regular payments and give regular meter readings but somehow they decided I used over £500 of gas in a month.

 

Disputed it, but kept making regular payments for what I was actually using. They did nothing with the dispute and sold the account to Lowells some 5 1/2 years later.

 

Now I can't even get copies of bills or meter readings from the disputed period (and likely Eon wouldn't have the details either, with it being over 6 years ago).

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And neither can they?

so mediation going nowhere.. You do not have enough information to make an informed decision to enter into any meaningful settlement.

 

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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Is it reasonably "safe" to provide some of the detail to the mediation service to see what they come back with in the morning, or do I need to keep it to the more basic "Insufficient information has been provided"?

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i would refuse it because of the above.

 

the same N180 questions should be asked at the start.

 

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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  • 1 month later...
  • 1 month later...
Posted (edited)

Notice of allocation (N158) and a notice of hearing (N24) now received.

 

I have until 14th July to provide a copy of all documents that I intend to rely on and witness statement. It does state the witness statement must be signed - should this be my standard signature or a reasonable variation? I seem to recall from several years back it's not a good idea to let DCAs get hold of your legit signature...

 

When it comes to providing documents, I've not been able to get any bills from the period (over 6 years ago now), but I do have bank statements showing that reasonable payments were made to E.on for the duration. Should I be sharing these documents, and if so am I okay to blank out irrelevant transactions?

 

On to the notice of hearing - it's down for a "Dispute Resoution Hearing" by telephone in August.

 

Thanks for the ongoing support. I was only commenting to a friend last week that it had all gone a bit quiet, but now feels like it's gone straight to 100. 🤭

Edited by Aterlatus
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You only need sign the copy of your witness statement which you submit to the court, leave the copy you provide to the claimant unsigned.

 

Have you sent a SAR to EON? They should be able to provide you with all data they hold on you.

If you submit an SAR today then as per the law they should provide you with your data within one month, in which case you should receive it prior to the hearing.

It may be possible to submit documents to the court after 14th July provided you have a good explanation as to why it was not possible to provide the documents prior to the deadline.

I imagine an explanation that Lowells did not respond to your CPR request and therefore you had to request the information from EON would probably suffice.

Having said that bank statements will likely be sufficient to evidence what you are saying, that you did make payments.

You can redact all the transactions that are not relevant to the dispute. As you intend to rely on the bank statements as part of your defence then you must submit them as per the directions you received and serve copies on all other parties, i.e. you must provide a copy to the claimant.

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But likewise lowell will have to provide all the docs they intend to rely upon too, the means hard copies of the bills, and ofcourse that back billing rules dont apply either..fat chance of either. I can see them dropping this ,.

 

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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Another letter through the door today from the local county court... "N24 General Form of Judgement or Order".

 

"Before District Judge ------ sitting at the County Court at ------- upon the Claimant filing a notice of discontinuance dated ----"

 

"It is ordered that 1. The hearing --/8/22 is vacated. Dated -- June 2022"

 

 

Does this mean what I think it means? 🤭

 

If so, now I've got the fun of battling Eon to get their big black mark removed from my credit file, but at least I'll have good grounds and evidence for the complaint.

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Told ya !

 

Yes you won 

 

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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  • Andyorch changed the title to Lowell/Overdales (Eon) N1 Court Claim received...***Claim Discontinued***

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