Lowell/overdales claimform - old british gas acount ***Claim Discontinued***

[Clam shell]

I have just received a court claim form from Lowell for a debt to British Gas,

I believe this occurred when I moved in to a new build and my meter was unregistered and I got no bills.

 

 I have a mental health condition and don’t really know what to do.

[dx100uk]

please complete this:

 

 

dx

 

[Clam shell]

I’m sorry I suffer with mental health and am finding it really difficult to understand

 

 

Which Court have you received the claim from ? Name County Court business centre, Northampton, NN1 2LH

 

 

Name of the Claimant ? Lowell portfolio 1 ltd. Ellington House, 9 Savannah Way, Leeds valley park, Leeds, ls10 1ab

 

Date of issue –  12 April 2023

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1. The claim is for the sum of £954.02 due by the defendant under a British Gas account with the account reference of ••••••••••••

 

2. the defendant failed to maintain contractual payments under the terms of the account agreement.

 

3.The debt was legally assigned to the claimant on 26.11.21, 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 £76.52. The claimant claims the sum of £1030.34

 

What is the total value of the claim? £1190.34
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no 
 

Did you inform the claimant of your change of address?  I have not changed address

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? British gas acount
 

When did you enter into the original agreement before or after April 2007 ? I moved in on 17 February 2019
 

Do you recall how you entered into the agreement...On line /In branch/By post ? They were the energy supplier when I moved in, - Didn’t enter agreement moved into property

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes it is on Experian
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  debt purchaser who is issuing claim
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

Did you receive a Default Notice from the original creditor? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? I did not make payments due to having no bills
 

What was the date of your last payment? See answer above
 

Was there a dispute with the original creditor that remains unresolved? Yes I opened a resolver case and this remains open
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not as I was disputing the fact that I had received no bills
 

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]LEGAL : CPR 31.14 Request - Request for information when a Claim has been issued . - Court Procedure and General Guidance (mainly England and Wales) - Consumer Action Group.

 

 

 type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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

 

[Clam shell]

I have followed the guidance above.  I have been doing some reading and have had a go at writing the defence, I would be grateful if you could have a look through and tell me if this is appropriate, thanks.

 

Particulars of claim

 

1.The claim is for the sum of (£954.02) due by the Defendant under a British Gas account with an account reference of 01234567890

 

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 26-11-21, 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 (£76.32).

The Claimant claims the sum of (£1030.34)

  

 

Draft defence:

 

1. I the Defendant contends that the particulars of claim are 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 have in the past attempted to make a financial contract with British Gas, however I was informed incorrectly by them that my meter was unregistered and British Gas were unable to act. The claimant has to date failed to supply any bills or better details despite a CPR 31:14 sent to their solicitors on the 24^th April 2023 by royal mail recorded delivery, the claimant has failed to respond to date.

 

3. There was and still remains an unresolved dispute with British Gas which was never resolved prior to the assignment of the alleged debt. Furthermore, the claimant has given no details as to the breakdown of their claim what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.

 

4. 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 British Gas and are therefore prevented from charging.

 

5. The claimant has thus far been unable to produce any evidence that the alleged debt has been legally assigned to them.

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.
        c) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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

 

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

 

[dx100uk]

that looks fantastic..wish everyone took the time to source and create such a defence here.....

 

youve a few weeks (fri 12th may) to file that.

 

i'm sure the experts will pop in and give it the once over in good time to file

 

dx

 

 

[AndyOrch]

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here

 

[Clam shell]

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No, the letter was received after the court claim form

 

[dx100uk]

have you received a letter of claim with a reply pack wanting I&E details etc  before you got the claimform?..it would have come from overdales...they dont usually slip-up....

[Clam shell]

Having checked back over my paperwork I can see that yes I did

[AndyOrch]

Fine go with the above defence

[Clam shell]

Thank you for your help, I will get it filed.

[Clam shell]

I have received this via email from Overdales

 

Dear Ms xxxx

 

Our Client: Lowell Portfolio I

Reference Number:xxxxxxxx.    

Claim Number: xxxxxxx

Balance: £1,190.34

 

We write regarding the above matter and confirm receipt of your Defence.

 

As you are aware, the account we have been instructed on is regarding a former British Gas matter, where you entered into an agreement with British Gas on 18 February 2019. The acount was opened for the supply of electricity to your current address between the opening date and the end date on 14 March 2020.

 

British Gas have stated that they received no payments from you and meter readings were received from a Smart Meter, with the last reading received being 5343. We can confirm however, that the balance assigned to our client was £954.02, which, can be evidence via the attached Final Bill, in your name. Please be advised, as the Bill is dated 14 March 2020, it cannot be subject to backbilling, as these charges are from the start date in February 2019, to March 2020. 

 

Please note, as the account is in relation to a Service Agreement and not a Credit Agreement, it is not regulated by the Consumer Credit Act 1974. As such, British Gas are not obligated to retain a copy of the Agreement, therefore, we would be unable to request a copy of this document.

 

Regarding assignment of the debt, please find attached a copy of the Notice of Assignment sent to you, by our client. As such, assignment of the debt has been completed for the purposes of litigation. Even if you did not receive the notice of assignment nor the electronic copy, any number of the letters we sent to you would satisfy assignment of the debt as it clearly identifies what the debt is and who you must pay to discharge the balance.

 

We understand that within your Defence refer to a dispute still ongoing with British Gas, in order for this to be investigated further, please provide us with additional information by return. 

 

Settlement proposal

Nonetheless, our client is willing to attempt settlement and reach an amicable resolution with you.

An agreed settlement may avoid a hearing or judgment and also additional costs being incurred. Our client is prepared to accept a full and final settlement of:

-        A lump sum payment of £950.00

-        Or two payments of £500.00

-        Any reasonable settlement proposal you wish to make.

 

Please contact our offices to your proposals for repayment and settlement offers within 7 days of the date of this email. Alternatively, please find our client’s details below:

Account Holder Name: Overdales Legal Ltd

Sort Code: 20 35 84

Account Number: 73467015

 

Please use your reference as the payment reference to ensure it is allocated to your account.

 

Please note that should you choose to accept the settlement sum which is lower than the outstanding balance of the claim and our client reports the matter to the relevant credit reference agencies, your credit file will be updated to reflect that you have partially satisfied the balance.

 

You may wish to seek independent legal advice from the Citizens Advice Bureau or a firm of solicitors of your choosing.

If we do not hear from you, we have been instructed by our client to proceed with the legal claim. This may incur further costs that our client will seek to recover from you. 

We trust further action will not be necessary and look forward to hearing from you.

Yours sincerely

 

Overdales Solicitors

Overdales Legal Ltd | PO Box 1399 | BD5 5GA |
Tel: 0333 111 0807 | Email: [email protected] | Web: www.overdales.com

 

---

This email and any files transmitted with it are confidential and intended solely for the named recipient of this email. If you are not the named recipient you should not disseminate, distribute, copy or alter this email. If you have received this email in error, please notify the sender and delete the email from your records. Warning: although Overdales Legal Limited has taken reasonable precautions to ensure no viruses are present in this email, Overdales Legal Limited cannot accept responsibility for any loss or damage arising from the use of this email or attachments and it is recommended that you check all emails with an appropriate virus scanner.

 

Overdales Legal Limited of Ellington House, 9 Savannah Way, Leeds, LS10 1AB is a limited company registered in England and Wales under company number 07407310. ‘Overdales’ and ‘Overdales Solicitors’ are trading names of Overdales Legal Limited which is authorised and regulated by the Solicitors Regulation Authority under firm number 806769 and authorised and regulated by the Financial Conduct Authority in respect of consumer credit regulated accounts, Financial Services Register number 691793. Data Protection Registration number: Z2577941. Only persons designated as “solicitor” are qualified solicitors. We do not accept service of any documents by email or fax. 
 

---

[dx100uk]

how did they get your email? 

 

thats a std letter to intimidate and harass 

 

send them one email in reply stating email is not to be used for our mutual claim.

 

 

[AndyOrch]

Quote

I believe this occurred when I moved in to a new build and my meter was unregistered and I got no bills.

I moved in on 17 February 2019

did not make payments due to having no bills

 

Quote

British Gas have stated that they received no payments from you and meter readings were received from a Smart Meter, with the last reading received being 5343. We can confirm however, that the balance assigned to our client was £954.02, which, can be evidence via the attached Final Bill, in your name. Please be advised, as the Bill is dated 14 March 2020, it cannot be subject to backbilling, as these charges are from the start date in February 2019, to March 2020. 

 

But you used the electric ?

[dx100uk]

and

you are in the same property still?, who do you pay your electric too now?

 

dx

 

[Clam shell]

Yes I am in the same property, I’m now with Octopus.  I don’t know how they got my email, perhaps because I filed my evidence online?

[dx100uk]

so when did you octopus AC start?

could this result from a period from move in date and that date?

and no those details on mcol are not passed nor are accessible to the claimant, i expect they've got this from details you'd given to BGAS? but...

 

you need to close email comms off by one reply stating NOT to use email for any comms relating to our mutual claim, else they'll be filing fake docs etc 1 min before any  court deadline removing your chance to counter them.

 

 

 

[Clam shell]

Having checked back electric switched March 2020 and gas October 2020 (moved in Feb 2019)

BG told me the meter was unregistered and I got no bills from them, in actual fact the meter was registered but under the developer ( new build).

 

I have sent an email to Overdales asking them not to communicate via email. Funnily enough the email address they are using is not my main email address it is a gmail account I only use for certain things and not what I would have given to BG.

 

Attached to their email was a final bill and deed of assignment which I’ve attached.

 

NOA+Bill .pdf

[dx100uk]

ok ive sorted the PDF 

 

so no old bill for 18-02-19 - 14-03-2020 period showing how the balance occurred 

good luck with that lowell!!

[dx100uk]

just to complete the story the judge might ask,

what made you suddenly sign up with octopus in march 2020?

when you'd had free gas/elec  since moved in feb 19

[AndyOrch]

But they are only charging £14 for March 2020 the balance is possibly from 2019 before the switch to Octopus.

 

 

 

.

[dx100uk]

yea thats what im trying to work out.

what made the op suddenly signup to and pay a supplier after more than a year of free gas/electric....

[AndyOrch]

Well obviously it wasn't free hence the bill has caught up.

[Clam shell]

I had to get my local community law team to sort it out for me because BG just kept saying, meter not registered nothing we can do.  

 

I never wanted to be a customer of British Gas I tried to switch as soon as I moved in but this is what I was told and the switch couldn’t go ahead.  

 

As they said the meter was not registered I have no way of knowing what I used or even what tariff I was on.