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

[autumn53]

Thanks very much for your replies DX and Andy. Its very clear now. I keep bothering you with questions, but I have one last one.

 

Is N180 not my last chance to present details, paperwork and evidence to the court. Will there be an opportunity to submit these before a hearing date is set?

Regards

[dx100uk]

dq is nothing to do with the court case.

you've got Witness statement exchange for that IF it gets that far.

dx

 

[AndyOrch]

4 minutes ago, autumn53 said:

Is N180 not my last chance to present details, paperwork and evidence to the court. Will there be an opportunity to submit these before a hearing date is set?

Regards

The N180 allocates and moves the claim to your local county court its for allocation purposes only. Once it has been allocated to your court you will get further directions from the court to prepare for the hearing.

[autumn53]

1. Should I give my ph and email to the court? (I will omit those from the Overdales copy)

2. Without any details, can I state the following in the D1 

"Issues are complex and would need to be argued in person"

D1 : Do you consider that this claim is suitable for determination without a
hearing, i.e. by a judge reading and considering the case papers, witness
statements and other documents filed by the parties, making a decision,
and giving a note of reasons for that decision?
If No, please state why not.

My response : Issues are complex and would need to be argued in person

Regards

 

[dx100uk]

read the guide i post A53.

7 hours ago, dx100uk said:

post 3 in the link i sent 

 

1. as the GUIDE SAYS TO YES!

2.click the N180 link READ POST 3

it SAYS:

  

On 19/08/2022 at 11:54, Andyorch said:

Relevant reasons to state no include that there are factual disputes which will need the judge to hear from witnesses directly (in which case please specify the factual dispute and the relevant witnesses) or that the issues are so complex they need to be argued orally

 

 

[autumn53]

Thank You DX for clearing this.

I will post this tomorrow. 

Best Regards.

[dx100uk]

dont forget 3 copies 

 

[autumn53]

Yes thanks. Using the form court sent. Original form with my email and ph number, signed to the court. A copy of it omitting the above to Overdales. And a copy for me.

Bless you DX

[autumn53]

Hi Dx

Just posting the MCol Case Status screenshot.

Thanks

MCol Event.pdf

[dx100uk]

good

yours is not the next move.

so now get reading up on about 20+ util claimform threads here 

next stop is a witness statement from you but that s months away.... you dont even have a court date yet.

the more you read the stronger we become. there is no excuse for you now not to start today

dx

 

[autumn53]

Yes thanks Dx,

I have been reading here about it. Some interesting cases on this very forum. I will continue to read more for clarity.

So next will be a Witness Statement from both parties that get seen by the Court as well as exchanged between each other. Something you foresee happening a few months on.

And it all boils down to a solid Witness Statement from me that aims to make the Claimant withdraw the case or request a settlement. 

Should I start preparing one?

Regards

 

Hi again Dx,

I just checked my mail and have received 2 from the Court.

1. Stating they have received the DQ from Overdales that is unsigned by me and I should send the court a signed one.

2. Stating 31.10.23 to be the Telephone Mediation Appointment Date. (I must reply within 4 days).

What is my next move?

Regards

Emails Appoint Date & DQ not signed.pdf

[dx100uk]

did you not sign the dq you posted to the court?

or p'haps they;ve not opened it yet

no harm in sending the court a copy of the one you posted them by email. now.

 

as for mediation pers i dont think you have anything to mediate over, it's not as if you'd settle for a smaller amount than the claim as they've proved you do owe something. you owe nothing, was not your meter .was not on your property and no proved usage by you. 

dx

 

[autumn53]

Thanks for the reply Dx.

Pls don't be mad, but, I am so scared that it may be the case of signed Vs unsigned letters getting swapped, while we were putting them in the envelopes for Overdales and the Court, although I we both double-tripple checked. I am very worried if this has happened then Overdales might have the original signed N180 with my phone number. I wonder what the repercussion of this might be if such is the case.

I will send the Court a copy via email. 

Meanwhile,

I received a letter from Overdales today that I am attaching here. It is giving me four options of paying them. They say the debt is owed as we have paid for this utility account in the past and have defaulted later. (sorry it is a bit blurry perhaps)

Regards

 

Overdales Letter with Bills.pdf

[dx100uk]

if overdales had a signed copy they would have not contacted the court and dobbed you in that you've been an apparent naughty boy and not signed your DQ think about.

forget what overdales have now sent. std rubbish designed to frighten and intimidate that they send for every speculative court claim they raise.

ignore

[autumn53]

Thank Goodness. I was having nightmares. Thanks DX for being here. 

What should I do with this 31st mediation appointment set by the Court then?

Do I need to do something? Like write back to the Court saying thanks but no-thanks?

I know for sure I will lay an egg if I spoke to someone over the phone. I am not a very confident or well-spoken person and a bit of a slow learner. Also, not very well versed with the legal terms. They'll rip me apart.

[dx100uk]

even if you did phone mediation, you arent speaking to lowells1to1 but through the mediator whom goes back/forth between the two of you whilst the other is on hold.

however id reply to mediation stating you are not prepared to mediate. you owe lowells nothing.

this has zero bearing upon any judges decisions at a  court hearing if one ever does happen and lowells dont discontinue nearer the date.as they often do to not waste spending out on hearing fees they have to pay once the debt gets allocated to your local stated court .

expect more lowell willy waving in the meantime.

dx

 

[autumn53]

Quote

...however id reply to mediation stating you are not prepared to mediate. you owe lowells nothing.

"Thank you kindly for your email and offering the Mediation Service for the aforementioned case. Kindly note that I maintain no money is owed to the Claimant and therefore a Mediation is not needed in this case."

Does this look OK?

Thank You very much DX

[autumn53]

Dear Dx,

Both emails responded to as instructed. Many thanks.

[autumn53]

Hi Dx,

Update on MCol

"Your Claim was transferred to NORTHAMPTON on 10/11/23"

Thanks and regards

 

MCol Claim History.pdf

[dx100uk]

probably to now move to allocation/transfer to the court you selected on your dq n180 now? which was?

dx

 

[autumn53]

Yes it was Northampton County Court.

[fkofilee]

Unlocked - Please go ahead. 

[autumn53]

Many thanks for unlocking.

Dear Dx,

Today I received the Notice of Allocation to Small Claims Track (Hearing) letter via post.

I am attaching it here together with the instructions.

The hearing date is 31st May 2024 at Northampton County Court.

Could you kindly advice me on my next move.

Many thanks 

 

n157.pdf

[dx100uk]

so witness statement to the court and overdales by 17th april

plenty of examples here already for you to base yours on.

 

[autumn53]

Hi DX

Received the Claimant's Witness Statement today.

They have a part of Eon's Event History that shows the Meter was shared.(Pls see : This )

I have been writing my own Witness Statement all this while. Tomorrow I will post both. Mine and theirs. 

I have been working on this one but hope it isn't total rubbish.

I saw other people's WSs and they look so posh.

Good, structured writing isn't what I shine at so here it is.

defendants WS.pdf

ClaimantWS (3).pdf