Lowell/Overdales - PAPLOC Now claimform - old Landlords utils debt

[AndyOrch]

So this debt accrues before your father actually took ownership of the property ? I thought it related to a normal in-between tenants occupancy and your father was landlord all through.

[gwebstech]

Yes youre right, he has owned it years.

What im saying is - Npower billed him for £1000s to start with as the prev tenant left owing tons, they eventually reduced it

THEN, in August 19 told him he had 30 days to tell them who was living at the property from Sept 18 to May 19 or they would then put him on a deemed contract from 6th Sept 19 which is months after the bill in question date

it was probably empty for so long as hes old and doesnt get round to sorting stuff out quickly

[AndyOrch]

Okay I understand , but was there a reason he didn't tell them who occupied the property during that period when the debt was accrued ? 

[gwebstech]

They knew it was empty, the previous tenant told them when they left and we told them too - we always send meter readings off so theres no dispute as to how much energy the prev tenant used. They had no reason to believe anyone was in there.

When they wrote asking who was responsible in Aug 19 i believe Dad had spoken to them on the phone around that time so they knew from the horses mouth it was empty until May 30th 19.

They had sent someone round to check the meters just after the new tenant came in in may 19 so they had their own copy of what the readings were

They know exactly when it was tenanted and when it was empty

[AndyOrch]

I think the best way forward is to simply admit the standing charge amount during the period it was empty...which is what your father is legally liable for...so £130?

If your in agreement I can draft a suitable defence in the morning.

[gwebstech]

I appreciate that, I'll ask him but I'd be surprised if he wants to

He's not willing to pay anything,  he wants to take it to court if necessary 

Thanks for the help though

[AndyOrch]

Its going to court anyway once you submit a defence..its whats in that defence and how its plead .....I wouldn't want to pay anything either but standing charges are legally owed on empty properties either by the landlord or owner of said property.

Let me know , either way you can run with your defence and get into legal arguments or you can submit a part admittance for standing charge only and defeat the inflated estimated charges.

 

 

.

[gwebstech]

Just to confirm after speaking to him, he's def not admitting even the standing charges he says I'll just put the defence in as above

Just one thing @Andyorch right or wrong,

if he's trying to use a defence that they didn't follow protocol when placing him on this deemed contract

- does anything need adding to the defence specifically about that?

[dx100uk]

are you sure there is any deemed protocol?
he's a landlord, he is responsible for paying for energy supply/use when he has no tenant in the said property.

i know i said it pages ago and others did too, but there is really no get out for him in law, i dont think it will matter to any judge what 'get out' you may think absolves him from this bill being his responsibility, if there was a period without tenants, it won't work, he is at least liable for the standing charges and ought to admit that much, else he'll get saddled with the whole sum.

dx

[gwebstech]

Well the info BF posted said what energy companies need to do, and they didn't. I don't know what a judge will think but I look at it, as its just as much a gamble for lowell to chase that amount when only half of it can reasonably be considered due to him. 

He ll get his day in court like he wants, if he loses so be it

[AndyOrch]

5 hours ago, gwebstech said:

Just one thing @Andyorch right or wrong, if he's trying to use a defence that they didn't follow protocol when placing him on this deemed contract- does anything need adding to the defence specifically about that?

There is  nothing legislation wise you can add all the world and his dog and judges know that owners of vacant rental properties are liable for standing charges.

Because your intended defence does not accept this or mention being a landlord the court will just assume Dad is the defendant and if you raise it on the day or in a WS it will be regarded that you have miss led the court and will most probably award the full amount plus costs plus interest 

[gwebstech]

ok mate thanks, ill be sure to add hes a landlord but we ll just have to see what happens

[AndyOrch]

No problem we can only advise what we deem the correct process for the best outcome but its your defence and you must do what you feel is best for you.

Best of luck

[gwebstech]

Defence submitted anyway

thanks for everyones help

[honeybee13]

Please let us know how you get on.

HB

[gwebstech]

Will do HB

[gwebstech]

The other side have had a questionnaire sent to them around 2 weeks ago but my Dad hasnt a questionnaire to fill in yet - how long should he wait as id have thought he would have had it by now?

should i contact the court?

[AndyOrch]

Does it state on MCOL status that a DQ was sent to the defendant ?

[gwebstech]

Don't think it does but I'm sure the other side said we'd be getting a questionnaire so I just assumed

 

[dx100uk]

well go look!

claim history

dx

 

[gwebstech]

Nothing showing on MCOL so when do we get to say yes or no to mediation if we don't get a questionnaire?

[dx100uk]

i wish you'd copy and paste the claim history here....

are dq's mentioned at all?

 

On 15/12/2023 at 12:06, gwebstech said:

The other side have had a questionnaire sent to them around 2 weeks ago

it will state this on mcol if true

#dx

[gwebstech]

Claim History

Your acknowledgment of service was received on 06/11/2023 at 01:06:51

Your defence was submitted on 22/11/2023 at 11:12:28

Your defence was received on 22/11/2023 at 12:05:16

as for lowells...thats all it says, i saw the letter from them and although i didnt spend long reading it, they had def filled in questions about mediation and stuff

I just re read that lowell letter  they've not sent it to court yet.

Apologies. I thought everything was done through the court so the system would show it immediately 

[dx100uk]

so you've had that for almost a month...

if as we've said 1000's of times on this and your other threads.....if you spend your time reading up on lowell claimform threads, you'd already know thats a std tactic from them to intimidate and harass defendants.

the COURT sends out the DQ N180's NOT LOWELLS!

dx

 

[gwebstech]

They've sent a proper dq, I just hadn't posted that as I can't see there's anything worth posting here

I only posted the covering letter as I thought this was all standard practice 

My dad had this a few days before he even remembered to give it me and he's only had it around 2 and a bit weeks

Let me know if you need all the pages uploaded 

20231216_230528.PDF

Edited December 16, 2023 by gwebstech