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

[AndyOrch]

Click the word SAR.here or in your post above

[AndyOrch]

You must submit your defence Monday 12th June by 16.00

[AndyOrch]

I will check it shortly

[AndyOrch]

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.

 

 

[AndyOrch]

Yes 

[AndyOrch]

 Well lets hope its successful.

[AndyOrch]

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. 

Should be interesting..... 

[AndyOrch]

Early days yet so don't count your chickens ooops sorry, the claimant has 33 days to decide/ respond to the defence whether they wish to proceed I suspect they are busy chasing chickens ...ooops 

 

Andy

[AndyOrch]

7 minutes ago, autumn53 said:

Does either option tip the balance in my favour?

Yes, with a hearing

[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.

[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

[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

 

.

 

[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.

[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. 

[AndyOrch]

Yes