EON/Wedlake Bell LLP PAPLOC Now Claimform - old Dual Fuel Energy Util Bill for old property

[dx100uk]

only 10mins allowed as we keep getting users changing their posts after advice. or adding insults to people later on.

 

dx

 

[AndyOrch]

Just a few tweaks to defence in post#24 you should be good to submit.

[Jase1982]

 

Thanks for checking.  Sorry, are you saying there's a few tweaks I need to make, or is it in your opinion good to go as is?

Edited January 18, 2023 by dx100uk
unnecessary previous post quote removed

[AndyOrch]

I have made the tweaks

[dx100uk]

18 hours ago, Jase1982 said:

Amended...  I also deleted paragraph 5 as that was already covered in point 3.

 

Particulars of claim

 

1.The claim is for the claimant's charges for supplies of electricity and/or gas to the defendant made under express contracts or contracts deemed by schedule 6 of the Electricity Act 1989 and/or Schedule 2B of the Gas Act 1986 with the Defendant as occupier, consumer and/or site owner by which payment was due within 14 days of invoice.

 

2.The defendant has failed to pay energy/invoices for Account No. XXXXXXXXXX dual at XXXXXXXXX rendered up to 24/09/2021 for £2,347.13.  

 

3.The claimant claims £2,347.13 and £229.94 INTEREST pursuant to S69 County Courts Act 1984 at 8% per annum from the due date to the date hereof and at £0.61 daily thereafter.

 

What is the total value of the claim? £2772.

 

 

 

1. I 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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

3. Paragraph 1 is noted, i have in the past held a financial contract with E.ON but do not recall the specific account number the claimant states, nor ever leaving any debt owed by myself to them. The claimant has to date failed to supply any bills or better details despite numerous previous requests and a CPR 31:14 sent to their solicitors on the 7th January 2023, the claimant has failed to respond to date.

 

4. There was and still remains an unresolved dispute with EON which was never resolved in respect of the alleged debt. Furthermore, the claimant has given no details as to the breakdown of their claim nor what specific period it relates to, so I am unable to defend accurately until the claimant can particularise and quantify its pleadings.

 

5. The claimant is claiming for a period of time when I didn't reside at said property, and therefore not liable for energy costs.

 

6. 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.

 

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.

so copy and paste the above into MCOL (NOT THE RED BITS!!)

 

dx

 

[Jase1982]

Hi guys, I've not heard anything more on this since I submitted my defence.  Not heard anything from the CPR, which was sent out a month ago.  How long should I wait for anything to happen?  Do I just wait indefinitely?  MCOL just says defence submitted.

 

Funnily enough I also have 2 others that are sat there from three years ago and the last update was me submitting a defence.

[dx100uk]

You should have a letter from the court with acknowledgement of your defence?

 

Dx

[Jase1982]

I haven't received anything yet ...  I am slightly concerned because on MCOL it stated my address as the one I lived in several years ago, but when I called them they said to ignore it as the address they could see was where the court papers were initially sent to (My current address).

 

I'm just wondering whether it's best to leave it or whether I should be phoning MCOL again to see if they had any update

[dx100uk]

as long as your current address is on the claimform/MCOL log in, ignore your confusion.

 

dx

 

 

 

[Jase1982]

Morning,

 

Coincidentally, yesterday I received an e-mail from E On... They have sent a few letters, which I attached redacted versions.

 

I find it odd they seem to be responding outside of the court process, and have ignored my CPR 31.14 request.  They have also ignored the error on the court form relating to the dates they said they were claiming for.  I've got no record of the letter before action they claim they sent in October.

 

Any advice would be appreciated.  I have until the 17th to respond to them 

 

I need advice on what the process is for dealing with this outside of the court process as they seem to be admitting they didn't follow the pre action protocol and they have sent me something that was supposedly sent in October, but I've checked and I've got nothing from then.  I need to know what the Tomlin order entails and why they're saying it would cost another £100.

 

Apologies, I've gone through them and redacted everything else I missed.  I've attached a copy of the claim from MCOL as well.

 

I agree.  I'm not too bothered at this stage because they're 1. trying to come across as though they're doing me a favour by not going through the court system and 2. they aren't providing me any detail.

 

I'm just unsure how to approach it at this stage.

 

reply to defence+Bills+LOC .pdf

[dx100uk]

please pop up on mcol and copy the status of claim page here.

 

the stuff they have sent is the usual twaddle claimants send to prove they are all powerful and you'll lose.

the LOC stuff ...so what.

 

ignore

none of it shows how the +£2k they claim is owed is calculated, there are no old bills with dates , only ones with the same date range on, no historic bills. 

 

yours is not the next move 

 

What is the status of the the claim on the mcol please 

 

Dx

[Jase1982]

Sorry, just noticed the MCOL sheet cut the top off.  I've attached it again.

 

The last entry just says that my defence was received 18/01/2023

 

mcol status.pdf

[dx100uk]

18th jan 

from there they have a total of 33 days to do something .

 

but there are backlogs i expect.

[Jase1982]

So, what do you suggest I do about the e-mail they sent?

[dx100uk]

nothing its std practice as is said.

 

await if/when DQ form n180 is mentioned in mcol status.

if it not in another month then the claim will probably be autostayed.

but that doe not appear on mcol.

 

dx

 

[Jase1982]

Thankyou.  Am I right in thinking they only have until 20th February to do something?

[dx100uk]

NO!

 

there could be court delays involved

 

as i said if by another few weeks on from that, things remain the same, then start poss cheering.

 

there are 100's of claimform threads here that detail the process

CAG is self help too 

[Jase1982]

it's now the 16th March and I've not heard anything. 

 

MCOL remains the same. 

 

Last input was that the defence was received 18th Jan. 

 

Not had any letters through the post or further e-mails.

 

What should I make of this at this stage? 

 

Surely I'd have heard something by now? 

 

Their e-mail gave me until 17/2 to respond.

[AndyOrch]

Claim is stayed....so forget about it until /if the court informs you the claimant has made application to lift the stay.

 

Andy

[Jase1982]

Hi, so, I randomly checked MCOL today and saw that the claim had been updated with the following:

 

Case stay lifted on 03/04/2023

DQ sent to you on 03/04/2023

 

Any advice on what this means?  I guess I should receive something through the post shortly

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

dx

[Jase1982]

So, the numpties at the court altered my address to my old address from 6 years ago, so I never received the form. 

 

They have sent me an electronic DQ to fill out and send back via e-mail as the deadline is today at 4pm, but what would you say I do about getting a copy of the DQ to the claimant?

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

dont worry about the fleecers 

send it 2nd class post with free proof of posting from any PO counter.

 

 

[Jase1982]

I'm a bit confused about the reasons for selecting with or without a hearing?  Why wouldn't I select yes to no hearing?  I don't intend on going to court regardless of which way any of this goes anyway

[dx100uk]

Read the guide I put up!