Lowell/Overdales Claimform - OH's old estimated dual fuel EON debt

[AndyOrch]

Template response...on every utility claim they issue

[AndyOrch]

Particulars of Claim:-

1. The claim is for the sum of £552.43 due by the defendant under a E.on Energy Solutions Limited account with an account reference of (12 digits).

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 £44.19

The clamant claims the sum of £596.61

What is the total value of the claim? 736.61

 

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. The claimants claim is denied. I have never entered into an account with Eon. When I moved into the property in question I set up an account with Scottish Power. Following that I received a final bill from Eon for a period prior to me moving into the property. Therefore the bill in question relates to a period I was not the occupier of the property.

3. Paragraph 2 of the POC refers to a failure to maintain contractual payments required under the terms of the account agreement. The claimant has failed to provide any evidence that any such agreement was in place, again it is denied as I have never held an account with Eon.

4. There was and still remains an unresolved dispute with Eon which was never resolved prior to the assignment of the alleged debt. Eon refused to engage with me on the phone as I could not confirm the account details having never held an account..

5. 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.  
   c) show how the Claimant has the legal right, either under statute or equity to issue a claim.

The Claimant has stated they may request the court accept a contract existed based on other evidence available, in the absence of any signed contract, but has failed to disclose to the debtor, any evidence that a contract was ever entered into.

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, on the basis they are estimated, and are therefore prevented from charging.

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

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

[AndyOrch]

[AndyOrch]

14 hours ago, edjama said:

We sent you numerous letters in an attempt to resolve this matter prior to the issue of the Claim but none were responded to including our Letter of Claim. You did not make a request for information prior to this matter being issued in the Courts nor notify us of any dispute.

 

On 16/10/2023 at 10:10, edjama said:

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

Need to tread carefully here as the court will take a dim view of the above irrespective of the debt not being your partners. Yes it is for the claimant to prove their claim but its also for the defendant to cooperate before litigation was commenced.

Just a word of caution.

 

Andy

[AndyOrch]

Topic open

[AndyOrch]