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

[dx100uk]

Quote

assigned the benefit of the debt and not the burden

means they don't care whatever dispute you had with EON, we bought the debt - pay up - tough luck.

doesn't work like that lowell!!

i'll re read whole thread tomorrow, but from memory this was for a single line supply, with a single meter feeding many building on 'a chicken farm'.

Following 'whatever', that business 'folded' and an associated cottage was sold off to you whilst still being supplied via this single existing meter.

There was not a separate meter for 'the cottage'.

there were some payments made by yourselves. 

latterly, a separate was installed to 'the cottage'

but EON held you responsible for an owing debt prior to this, when not all consumption was of course not 'just' your cottage.

after lots of letter tennis, the debt was sold to Lowell.

 

 

[autumn53]

Thanks DX for your time.

I have meanwhile improved my WS hopefully for better.

I also hope this will not cause any confusion with my previously shared WS here for any readers.

Regards

 

 

defendants WS v2.pdf exhibits.pdf

[dx100uk]

use the online webstes in upload then you can merge/reduce easily.

[fkofilee]

Must say - I do like the WS you have done - And I hope you win / Get a claim struck out or they discontinue! 

 

 

[dx100uk]

not sure why you uploaded a whole lot of stuff already in claimants WS.

and what are those ive left? were these part of their exhibits too?

ws looking good 

whens it due?

dx

 

[AndyOrch]

Couple of points....

 

Your point 20 " In view of the information set out above I respectfully submit to the court that the Claimant’s
application be denied."

What application ? Its a claim.

And your statement of truth is out of date should be the same as the claimants statement.

 

Andy

[autumn53]

Hi

 

1. Thank you very much fk for reading through and your kind words.

2. Thanks Dx, all attached documents in my previous post are listed below

Page 1 to Page 5  Parts of Eon Event History  I had received in SAR bundle from Eon (not included in Claimant's Witness Statement bundle)

Page 6 to Page 14 Parts of Eon Event History (Included in Claimant's Witness Statement bundle)

Page 15 and 16  The Final Bill (included in Claimant's Witness Statement bundle)

Page 17 to 21 My Email + its attachments dated 07.12.21 (not included in Claimant's Witness Statement bundle)

Page 22 An illustration of the size of the neighbouring farm (not included in Claimant's Witness Statement bundle)

Page 23 Overdale's letter to me (Included in Claimant's Witness Statement)

Finally, Last three pages are an exchange of emails between me, our solicitors and the Estate Agent that show Eon was in the loop while we pursued a meter for The House before moving in. (Not included in Claimant's Witness Statement Bundle)

Please note that all extra documents I have posted in the above post were only to support and prove the point I was making. I apologise if it has caused confusion. 

4. My Witness Statement is due on the 17th Apr 24 and the Hearing date is 31 of May 24. 

5. Thanks Andy, I have changed the Statement of Truth copying what the Claimant has written at the end of their WS. And changed the term 'application' to 'claim'. Many thanks

Regards

Edited April 10 by autumn53
Missed some points

[autumn53]

Hi Dx, I am hoping you have had an opportunity to skim through this thread.

Please may I give it a humble bump for your consideration. My last date to present a WS is Wednesday the 17th.

Many thanks and kind regards 

 

[fkofilee]

@AndyOrch - Can you spare some time for @autumn53?

[AndyOrch]

Take a look shortly

[AndyOrch]

With regards to your point 18 and which the claimants statement fails to respond to within its defence response section of the statement (conveniently)

I would add something along the lines of....

18. The Claimant’s intentions further show signs of malpractice as this Final Bill (page 15 & 16) also reflects Back-Billing and is vastly disproportionate to a residential home’s electricity usage. It also does not show deduction of the monthly estimated charges duly paid by the onboarded user.To add to this, the Claimant never produced any contractual documentation. (Page 23)

The claimant has failed to respond to this part of my defence within its statement response and therefore I raise this again in line with current Ofgem guidelines 

"  You cannot be charged for energy used more than 12 months ago if: you have not had an accurate bill for it before, even though you asked for one. you have not been informed about any charges due via a statement of account before.

Use the following as an exhibit.

https://www.ofgem.gov.uk/information-consumers/energy-advice-households/what-do-if-you-get-back-bill#:~:text=You cannot be charged for,to cover any charges due

Rest of the statement is concise 

 

Andy

 

.

 

[autumn53]

Thank you very much @AndyOrch for your kind help. 

Here is the amended WS

Quote

 

IN THE COUNTY COURT AT Northampton Claim No. XXXXX

 

BETWEEN:

 

CLAIMANT

LLOWEL PORTFOLIO I LTD

AND

DEFENDANT

MRS XXXXXX

_________________________________

WITNESS STATEMENT OF MRS XXXXXXX

_________________________________

I MRS XXXXXXX, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim dated 11th May 2023. My Witness Statement

is chronological and all supporting documents are duly numbered accordingly.

1. The Claimant is a Debt Recovery Agency which has purchased the debt from Eon, an Electricity Billing Company. I the Defendant am an Electricity Consumer.

2. The Claim is posited on specious reasoning where the Claimant is inter alia attempting to profit from its own wrongs. To illustrate, Eon wrongly recorded the same address in respect of two distinct properties and has compounded the error by recording me as the owner of a property that belongs to another and in respect of which I am a complete stranger.

3. In the beginning, at Postcode existed Chicken Farm Buildings, 4 Bed House and 15 Acres of Land and was then known as “The Grange” (hereinafter for the purpose of distinguishing this from its successor in title is referred to as “The Grange - Original”) owned by Mr Seller. Electric supply to this property was metered by Eon to customer ID xxxxxx and having meter number Unknown The Meter was installed in a portion, which for the ease of understanding is referred to hereinafter as “The Chicken Farm”. (Page 20)

4. On 27.11.2018 My Husband and I exchanged contracts with Mr Seller for part of The Grange - Original namely for Chicken Farm Buildings, 4 Bed House and 15 Acres of Land to the exclusion of Chicken Farm Buildings and 10 Acres of Land (Hereinafter referred to as The House) duly informing Eon that The House would require installation of a separate meter (Attached - Emails between me, our Solicitors and Estate Agent regarding procuring Eon’s quote for the meter relocation by Eon).

5. Mr Seller, an elderly gentleman in his 90s, according to our Estate Agent had left the sale entirely up to the EA. We never met Mr Seller.

6. The portion purchased by us is referred to hereinafter as “The House”. Accordingly, I was required to bear the electricity charges only for The House to the exclusion of the portion not purchased from Mr Seller

7. As the electricity supply was not bifurcated for lapses on the part of Eon (Page 3), for some time on pain of being deprived of electricity altogether, I started an account with Eon to pay for the meter that supplied the entire area of “The Grange - Original” and was inaccessible to us as it was located in The Chicken Farm. We only received Eon’s Estimated Bills and duly paid via Direct Debit, never missing a payment.

8. The meter that sat in The Chicken Farm was conveniently onboarded solely in our name by Eon on 23.03.19 (Page 1), but was supplying to both properties, our home and the enormous neighbouring chicken farm buildings (Page 14). Eon took note of this but did not correct their records or even tried to procure a meter reading via contacting Mr Seller to access the meter despite our several requests.

9.The Event History or Bills per SAR response bundle do not reflect any initial meter readings during the onboarding. We continued to request all visiting meter-readers that knocked on our door, to kindly share with us any meter readings they record to never receive any till the said ‘final bill’ was raised by Eon (Page 15 &16). We also requested our Estate Agent to kindly get in touch with Mr Seller/owners of the farm to provide a meter reading to no gain.

10. Kindly note that this neighbouring property is very large (Page 22) and have a gated drive leading to a collection of enormous farm buildings. Any chances of being able to talk to an occupant would be via this gate and driveway and would need trespassing to some distance before getting to knock any door. We used to see agricultural machinery moving about occasionally, but as mentioned above, it was not without trespassing that we would have been able to have a word with anyone on that site. Our Estate Agent for some reason was reluctant to provide us with any contact of Mr Seller right from the point of viewing The House. We once met a gentleman working on The Chicken Farm outside the said gate but he knew nothing about Mr Seller and we chose not to bother him any further.

11. Eon ignored the fact that we only own a small part of The Grange Original and the remaining vast property is being supplied by the same meter. My husband and I contacted Eon on several occasions to remind them of this but Eon did not adjust their records (Pages 2, 3, 14, 20 & 21).

12. On 28.07.2020, we had our own meter installed at The House and the Chicken Farm meter was duly disconnected from supplying to The House and we were allotted a new account number by Eon.

13. On 07.12.2021 Eon raised a back-dated bill on The House to the tune of £3277.28 (Page 15, 16)

14. I called Eon after receiving this ‘Final bill’ and told them once again that our property is a small part of what

the meter supplied. A couple of phone-calls later they understood the issue but asked me to prove it via sending them, via email, any documents pertaining to our land deed to make my case. (Pages 17 to 21)

15. On 07.12.2021 I sent them the attached email with the land registry map and letters from Solicitor and the Estate Agent. (Attached Pages 17 to 21) There was no email response from Eon to this but when I called back, they acknowledged this Email yet continued to pursue the Final Bill.

16. E.ON Energy continued to remind us of this debt via text, email and letters, mentioning late fees and potential litigation. No amount of politeness and patience from our side seemed to resolve this matter.

17. I now see that although they kept telling us that they were looking into it, it was never in Eon’s interest to investigate the electricity usage supplied by the meter’s phases to the property that did not belong to us. Eon was getting paid by us and that was all they needed, also there was no stopping Eon from holding us liable for any historical usage loaded on to our account from before we were onboarded without any contractual documentation. The meter reading in question could be historical as we have no information about when this reading was recorded. How and when did the Claimant get access to the farm buildings they state as ‘derelict/unoccupied’ to record this reading? (Page 14) Why did they not do this while I was paying the estimated charge?

18. The Claimant’s intentions further show signs of malpractice as this Final Bill (page 15 & 16) also reflects Back-Billing and is vastly disproportionate to a residential home’s electricity usage. It also does not show deduction of the monthly estimated charges duly paid by the onboarded user.To add to this, the Claimant never produced any contractual documentation. (Page 23)

The claimant has failed to respond to this part of my defence within its statement response and therefore I raise this again in line with current Ofgem guidelines.

I quote related extracts from Ofgem website

" You cannot be charged for energy used more than 12 months ago if: you have not had an accurate bill for it before, even though you asked for one. you have not been informed about any charges due via a statement of account before.”

19. We are a middle aged couple with health related concerns and are finding it increasingly difficult to cope with this breach of peace even after having never missed or delayed a payment to E.ON.

20. In view of the information set out above I respectfully submit to the court that the Claimant’s Claim be denied.

Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: ________________________________

Dated: ________________________________

 

Could you also please clear 3 more points I am worried about.

1. Should I present all the attachments I shared in post number 257 and itemised here (included and not included in the Clamant's WS) 

2. Could you please take a look at the attached extract from Claimant's WS that highlights I may have misinformed the court in my MCol Defence. (attachment called 'what to do with this'.

3. What should I say if above point is brought up by the Claimant in Court?

4. I can now only post this WS tomorrow. Will it be too late as the letter may stay in transit for a min of 24hrs I presume.

Many thanks and kind regards

 

What to do with this.pdf

[AndyOrch]

1.You only attach exhibits you have referred to either within your defence or statement...and wish to rely upon as evidence.

2. No you have not mislead the court you referred to the meter number not the account number. 

3. If it is raised just say that you got confused.

4. As long as the court get theirs on time ..it can be a day late but you could also email it to the court.

[AndyOrch]

Also just another point when you refer to an exhibit it should be marked after that paragraph (see exhibit 1a) etc etc and your exhibits marked same.

[jk2054]

Just a technically but I would say point 20 should say dismissed not denied.

[AndyOrch]

No.... its not for a defendant to tell the court to dismiss a claim within a statement, denied is fine … it should state...

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. 

[autumn53]

All points duly noted. Big Thank You 

 

[autumn53]

Hi should I be signing the WS copy that I send to the Claimant's solicitor? 

[AndyOrch]

Yes 

[autumn53]

Posted my Witness Statement with all attachments, identical paperwork to the Court and to the Claimant using Royal Mail's Guaranteed next day delivery. I have NOT emailed the same to the court.

Kept a copy for myself.

Thank you very very much for all your help. Bless you,

Kind regards