EON/WEDLAKE BELL Claimform - estimated billing dating back 16 months

[suewell]

i received a county court claim pack for eon for supply of electric for the past 7 months, I have been in dispute with them over reading the electric meter for the past 24 months.

I downloaded the the app, but I am a technic-phobe it always ends up breaking in my hands. I have FND which is a neurological problem affecting balance, sort term and long term memory and glaucoma, and fibromyalgia and my daughter is helping me with sorting this county court claim out. 

the claim is dated the 19th July, I have responded and denied all the claim as the bill they sent me is purely an estimation.

I have also asked for a transfer to the local county court.

I am now stuck on what to fil the defence in, I know its late but the case has not been actioned yet and I am hoping I can get a response in and explain my condition and why it is late.

 have sent off a SARS today  to  [email protected]

 

the particulars of the claim are as follows 

1.the claim is for the claimants charges for supply of electric and or gas to the Defendant made under express contracts deemed by schedule 6 of the Electric Act 1998 and or schedule B2 of the gas Act 1986 with the defendant as the occupier, consumer and or site owner by which the payment was due within 14 days of the invoice.

2. the defendant has failed to pay the energy invoice for the account xxxxxx at address xxxxx rendered up to the 27/05/2023 for  £1,0881.96

3.the Claimant claims £1,081.96 and £11.63 INTERST PERSUANT TO s69 county courts act 1984@ 8% per annum from the date due to the date hereof at £0.27daily thereafter. 

The claimant may be responded to directly on 0808  501 5200

or [email protected]

eon is the Claimant 

but 

WEDLAKE BELL LLP  ARE THE SOLICITORS 

I paid one payment in December  22, but the amount of charges and fees on my account for the last 16 months is horrendous. 

I received a letter before action on the 12th of June but this went to the neighbours house.

we live in a country lane and our letter usually are hit and miss, but have good neighbours.

I do not have a DD set up with EON, and usually pay out of protest of not having my meter read at all at the last minute. I missed this as my dad had a stroke and was in hospital throughout June, with mum having a fall in the carpark of the hospital and them ending up one in the GWENT in Newport and one in the Grange in Cwmbran..... it was a horrible month.

if anyone could help me work out a response to this I would be extremely grateful.

[BankFodder]

Please will you post up an original copy of the claim form in PDF format. Redacted for identifiers.

Please you also post up the copy of the denial that you sent them in PDF format. Was this the defence document which you filed or something else?

Please can you also post up PDF copies of the bills that you have received – let's say, the last two of them. Once again redacted for identifiers.

You say that all of their claims are based on estimated readings. Is this correct?

I notice that what you have posted above suggest that you have a "deemed contract" with the supplier.

This would suggest that you have moved in fairly recently and haven't actually opened an account with them but instead have simply continued with eon as being the previous supplier to the premises. Is this correct?

[suewell]

HI there thank you for responding, I have uploaded the 

county court claim form

my response 

the letter before legal action 

and two of the latest bills

I was originally with Npower, moved house and it was a new account 7 years ago.

They cancelled my DD over a single missed payment they tried to take and funds were not in my account, but cannot remember when.

I have had running battles with them, including two disputes over payments  ( which is why I have just asked for a SARS) a few years ago, but mostly over meter readings they just don't read the meter at all, the last payment I made was  I think by phone, the one before that was a doorstep payment.

I live in the sticks and used to have the meter read twice a year which was fine. The amount of electric I actually owe is  over 1500 kw less than what they are claiming for.

I hope the uploads work, I cant figure out how to simplify the uploading them. So any help would be appreciated.

many thanks Sue 

Full.pdf

[AndyOrch]

Topic moved to Financial Legal Issues forum.

So you are at the witness statement stage in the process what date must you file and exchange statements and evidence by ?

Also what date is the hearing  ?

Andy 

[suewell]

I have sent a response and heard nothing back, not even a letter, on MCOL nothing is showing, just my response, its asking denying the claim as the section schedule 2B says 2 that they genuinely believe the money stated is in owing". obviously its isnt because every one of my last bills going back 16 months is an estimated bill.

MCOL is showing next step to submit a defence and or submit a claim against them. 

[AndyOrch]

The claim form is dated 19th July  you have 33 days in total to acknowledge service (Fri 4th Aug.4.00pm) (which you have done)

Defence due by Fri 18th Aug 4.00pm

9 hours ago, suewell said:

the claim is dated the 19th July, I have responded and denied all the claim as the bill they sent me is purley an estimation.

I have also asked for a transfer to the local county court.

So from your statement above it appears you have already submitted a defence and filed a Directions Questionnaire  ?

[suewell]

no I have not, I thought I had 30 days from submitting the response, but then I forgot about it, which is the FND, my daughter reminded me last night, I went on, it has not been actioned at all, no judgement, I thought if I just popped in a defence with a note saying the FND. they may accept it.

[AndyOrch]

7 minutes ago, suewell said:

which is the FND

What is a FND ? and how did you ask for the claim to be transferred to your local county court without submitting a defence or getting to allocation stage ?

[Nicky Boy]

Maybe a screenshot of mcol might help Andy?

Of course if it's already been transferred there won't be much else on mcol.

[suewell]

what I submitted is on the  slightly pinkish for I uploaded, I printed it off, notthing else done since then. sorry Iam frustrating, I have no idea what I am doing.

FND is a neurological problem, I have related to a head injury and triggered by stress, it basically comes and goes, good days and bad, you can loose control of body function, anything related to the nervous system including main organs.  But mostly it effects short term memory, I loose my phone about 200 times a day,  and loose sensation in hands, feet and legs.  It can be progressive, was diagnosed just before lockdown. 

[AndyOrch]

Okay thank you so yes as my Site Team colleague suggests if you could grab a screen shot from MCOL although It would appear the last entry would be acknowledged claim will be the last entry and your defence was due by Fr 18th Aug.

You need to submit a defence by 4.00pm today if it will allow there are numerous examples of Utility defence here for you to adapt. 

[suewell]

any change you could point me to a similar one, I'm having trouble enough navigating the site.  But thank you for your help.

[dx100uk]

adapt this it gives you the bare bone. i expect you did get a letter of claim so drop that point. as for defence reasons simply put all bill are estimates .

you also need to sent wadlake a CPR 41:14 but get this defence sorted PDQ.

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.

[suewell]

Hi there,

very strange, just received my latest estimated bill, the amount they are claiming is still showing on my bill and a litigation fee, today was another upload of the bill issued on the 27th August and showing £1535.97 estimated billing.

I thought when a County Court Claim was made that the amount was taken out of the new billing period, am I wrong.

Have now adapted the response sent, thank you all very much.

I have had a look at the Back Billing guidelines and from what I can see they cannot Back Bill me further than 12 months, however, as  I have not had a meter reading for now 17 months,  even if they reproduced a bill  for the 12 months it would still only be an estimate, so how does that work.?

have now put the response in, hope they accept it.  Thank you for your help

this was the MCOL page before I added my response using the second yellow tab down on the right

20230901_122215.pdf

[dx100uk]

its ok for them to add the court fess.

back billing probably wont apply as they did send bills regardless to them being either wrong or only estimates.

as an aside, you seriously should not have let this meter reading issue continue for SOOO long, and not get a family friend neighbour or someone to get the app going so you could input your own readings or even use their website to tell them the readings regularly. every energy provide has on line  portals to do this....or get smart meters installed? they are free and totally take away the issues!

so we have it on file for later, can you please post up the actual defence your filed please too.

dx