Jump to content


  • Tweets

  • Posts

    • Funding concerns are expected to see Saudi Arabia reduce its giant building schemes.View the full article
    • Why the former Fujitsu engineer is such a key figure in the Post Office scandal.View the full article
    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
    • The EU and China still disagree about the import taxes, but have agreed to discuss them further.View the full article
    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Lowell PAPLOC now Claimform - old E-ON £3K+ bill ***Claim Dismissed***


autumn53

Recommended Posts

thank you.

can you confirm please

in overdales reply to your letter of claim response, they quote original creditor reference number.

  1. is this number the same as the A/C number you or OH did make payments to? Y/N
  2. can i also confirm the EON Smart Meter A/C number is totally Diff? Y/N.

please dont read anything into this Q , just wanna get ducks in line. 

 

 

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... 

Link to post
Share on other sites

You must submit your defence Monday 12th June by 16.00

  • Like 1

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Dear DX,

I am very worried as I have no solid Mcol Defence ready yet and I have only one day left to do so. At the same time I do not want to trouble you, but could you kindly drop me a line as I am really unsure if the Mcol Defence I prepared earlier is good enough or you want me to add/delete something from it.

Meanwhile, there has been no response yet from Overdales to my CPR 31:14

Thanks 🙏

Link to post
Share on other sites


1. The claim is for the sum of £3000 due by the Defendant under a E.on Energy Solutions Ltd account with an account reference of xxxxxxxxxxxx 

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 26.08.22, 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 £180 

The claimant claims the sum of £3400


defence 

1. 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted, i presently hold a current E.ON utility supply contract with no issue nor existing debt which is not the account number quoted by the Claimants . 

3. paragraph 2 is noted. Following an earlier Letter Of Claim from the Claimants solicitors, Overdales. I requested copies of all bills, a payments statement & sight of my EON contract in relation to the quoted xxxxx account number. Overdales replied, failing to supply any contractual documentation, other than a copy of an E.ON bill dated 1st dec 2021. This Bill quotes an account number i do not recognise and is for an address i have never owned nor ever resided at. The bill quotes a period of 13-6-20 to 28-7-20, stating a sum of £3277.28 is outstanding from estimated readings of a meter number i do not recognise. Were this ever my bill, it's date of 1st dec 2021 for a period outside of 1 years previous, breaks the industry 1yrs Back Billing Rules. I requested Further information under a CPR 31:14 sent to Overdales on the 7th January 2023, to date i have no further documentation.

4. There was and still remains an unresolved dispute with EON which was never resolved in respect of the alleged debt. 

5. The claimant is claiming for energy costs over a period of time and at a property i never resided at. i am therefore not liable for their claim.

6. Pursuant to OFGEM code of back billing rules the alleged charges contained on their bill are outside of 12mts from it's date.

7. 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.

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

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

.....................

let @andyorch check this over.

here i my notes i used from throughout the thread.

the chicken farm was called Brick Kiln Farm where the original supply meter was.
that meter, as well as usage at the chicken Farm, also supplied electricity to 'The Grange'. (my) autumns property.
that account ended 28/07/20.

This EON account in question was initially held and paid for (via direct debit) by my husband from Dec 2018 to Feb 2020.
my husband held the account initially and later transferred it to me in Feb 2021

A retention fee of over 10K was held by our solicitors while the seller ensured the electric work gets carried out to bring the power line to our garage following the installation of a new meter at our property.

Our sellers being an elderly couple in their 90s, all the following-up was done by the Estate Agent and the work finished on 28th July 2020. 

This is when this account linked to shared meter was closed to start us on a fresh E.ON account number with a newly installed smart meter.

Our house was owned and lived-in by this elderly couple who also owned the Chicken Farm till we moved in on the 6th of Dec 2018. 

on the final EON bill dated 01 December 2021, the start reading  on day/night is an estimate. it covers a period ending 28 July 2020 - clearly trying to charge you for electricity that you consumed outside 12 months previous.

in overdales reply to your letter of claim response, they quote original creditor reference number.

is this number the same as the A/C number you or OH did make payments to? Y/N = YES
can i also confirm the EON Smart Meter A/C number is totally Diff? Y/N. = YES

 

dx

 

 

  • Like 1

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... 

Link to post
Share on other sites

Dear DX,

I just read everything. I am extremely grateful for all this work you have been putting into helping me. Nobody would have done this for me and I would have never been able to do it myself.   

Thank you for your kindness. 🙏

Link to post
Share on other sites

its not perfect but please let @Andyorch check it over before you file it.

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... 

Link to post
Share on other sites

Particulars of claim for reference only do not submit.

1. The claim is for the sum of £3000 due by the Defendant under a E.on Energy Solutions Ltd account with an account reference of xxxxxxxxxxxx 

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 26.08.22, 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 £180 

The claimant claims the sum of £3400

 

Proposed Defence

1. The Defendant contends that the particulars of claim are vague and generic in nature for an alleged assigned disputed debt. 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. Paragraph 1 is denied as the final bill refers to and addressed to a property situated next door which was owned by the previous owner of our property to which we have never owned.  I presently hold a current E.ON utility supply contract with no issue nor existing debt which is a different account number as referred to in the the claimants particulars of claim.

3. Paragraph 2 is denied my account reference number xxxxxxxxx is fully up to date with no missed payments.

4. Paragraph 3 is noted.

5. Paragraph 4 is denied.

6. Further to a Letter Of Claim from the Claimants solicitors. I requested copies of all bills, a payments statement and disclosure of my EON contract in relation to the quoted xxxxx account number. Their response failed to supply any contractual documentation, other than a copy of an E.ON bill dated 1st Dec 2021. This Bill quotes an account number i do not recognise and is for an address i have never owned nor ever resided at. The bill quotes a period of 13-6-20 to 28-7-20, stating a sum of £3277.28 is outstanding from estimated readings of a meter number i do not recognise. Further information under a CPR 31:14 sent on the 7th January 2023, to date i have no further documentation.

7. Notwithstanding the above the final bill dated 1st Dec 2021 includes a period of over 12 months pursuant to Ofgem Back Billing Rules You can’t be charged for gas or electricity used more than 12 months ago if you have not been correctly billed for it, or informed about it via a statement of account, before. This includes situations where a supplier increases your Direct Debit because it was set too low. Suppliers cannot use this to recover any shortfall for a period longer than 12 months ago.

8.There was and still remains an unresolved dispute with EON which was never resolved in respect of the alleged debt. 

9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed and is put to strict proof to disclose particular breakdown with dates and amounts.

9. It is therefore denied that the defendant is indebted to the claimant as alleged or at all. The claim is denied in its entirety.

 

 

  • Like 1

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Dear @dx100uk and @Andyorch. Someone known to my husband got very sympathetic about our situation with this ongoing matter and wanted to see what defence I have filed. I mentioned to them that we are being kindly helped by you and showed them everything.

They are extremely fascinated by how beautifully the defence has been drafted covering everything. Thank you so very much for your time and effort. It truly means a lot to us.  I am forever indebted to you.🙏

  • Like 1
Link to post
Share on other sites

:yo: Well lets hope its successful.

  • Like 1

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Courts response is standard and as for Overdales that's a templated response to energy claims but interesting the last paragraph they have added the law states it will deem you responsible for the supply to that property at that relevant time...so all they have to do now is prove you owned the chicken shed during said dates and usage. :becky:

Should be interesting..... 

  • Like 1

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

:pound:no chance.

 

dx

  • Like 1

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... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...