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JCI/Moriarty Claimform - old OVO UTIL dual fuel debt


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I have received a Claim Form for a debt owed to OVO energy from 2022.

Should I try and defend this claim even though it is quite recent and is it different to other debts as this is for electric and gas ( I have previously had other claims discontinued) or is it the same process as before. 

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Which Court have you received the claim from ? Civil National Business Centre

Name of the Claimant ? JC INTERNATIONAL AQUISITION

How many defendant's  joint or self ? Self

Date of issue – 22 May 2024 

Particulars of Claim

What is the claim for –

1. THE DEFENDANT OWES THE CLAIMANT £293.13 IN REPECT OF GAS/ELECTRICITY CHARGES SUPPLIED TO THE DEFENDANT BY OVO ENERGY LTD (DEBT) WHICH DEBT WAS ASSIGNED TO THE CLAIMANT ON 31/12/2022 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON 31/12/2022.

2. DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY

3. AND THE CLAIMANT CLAIMS £293.13 AND FURTHER CLAIMS INTEREST THEREUPON PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 2.34% PER ANNUM AMOUNTING TO £6.86   

What is the total value of the claim? £385

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

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt

When did you enter into the original agreement before or after April 2007 ? After

Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier 

Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No

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 assigned to JC International

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably 

Did you receive a Default Notice from the original creditor? Again can't remember but probably 

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? Changed supplier

What was the date of your last payment? Never 

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

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  • dx100uk changed the title to JCI/? Claimform - old OVO dual fuel debt

thread title updated.

so a sold debt.

who are the solicitors? TM legal?

why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt

you state you reived a letter of claim, why did you not reply too it.?

also is there is no indication of the date this bill comes from on the claimform?

how do you know its from 2022?

what other previous paperwork have you received?

please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf

read upload carefully.

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

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.

 then log in to the bulk court Website

https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464
.
 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 the website

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

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]

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


 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It's not for exactly £300 I just rounded the figure l.

I don't know why I didn't respond to previous letter

I suppose I thought If I ignored it it would go away. 

I have uploaded all the docs I can find,

I have defended the claim and will get a CPR sent to Morality Law today. 
 

Claim Form.pdf

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you mean you've done AOS?

not filed a defence yet?

you dont need to hide times dates and £figures

can you please type the POC out in full not your abridged version above.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to JCI/Moriarty Claimform - old OVO dual fuel debt

My apologies,  I never know how much to redact. Yes I have done the AOS. 
 

Particulars of Claim:

1.THE DEFENDANT OWES THE CLAIMANT £293.13 IN REPECT OF GAS/ELECTRICITY CHARGES SUPPLIED TO THE DEFENDANT BY OVO ENERGY LTD (DEBT)

2. WHICH DEBT WAS ASSIGNED TO THE CLAIMANT ON 31/12/2022 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON 31/12/2022.

3.DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY AND THE CLAIMANT CLAIMS £293.13

AND FURTHER CLAIMS INTEREST THEREUPON PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 2.34% PER ANNUM AMOUNTING TO £6.86   

 

.

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  • dx100uk changed the title to JCI/Moriarty Claimform - old OVO UTIL dual fuel debt

Topic title amended for clarity

:thumb:

have a read of these

Programmable Search Engine (google.com)

clickme^^

 

.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no its friday 21st by 4pm

if you'd done it properly and read the sticky in post 2 it clearly says:

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) 

if your defence filing date falls on a W/End, you must file by friday @4PM

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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defence is due on Friday haven't had a response from Morality yet with regards to the CPR request. Have found this from a previous thread would it be ok to use?

 

1.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 r 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.Furthermore, the claimant has given no details as to the breakdown of their claim so the defendant is unable to defend specifically.

 

4. The claimant openly admits that they do not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated. 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 attached to or served with the particulars of claim and the original(s)  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;

 

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

 

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

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Its not clear from your posts how this debt was incurred ? You moved into the house and they were the existing supplier ? So the debt is for the previous owner ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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On 03/06/2024 at 16:23, Cagney18 said:

I have received a Claim Form for a debt owed to OVO energy from 2022.

:???:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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On 03/06/2024 at 17:17, Cagney18 said:

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

 

35 minutes ago, Cagney18 said:

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.

So which do you wish to run with ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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im also wondering if back billing applies here too .

from looking at like threads around this SSE to ovo compulsory switch, it must be evidenced by the claimant that bills were regularly issued for the period of the supply the debt they claim covers. there are no threads here that show they could ever produce them, so back billing rules (12mts) might also play a part.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm going to say they haven't complied with the PAP

although they did write saying they would be issuing a court claim in their letter

they also state I had an agreement with OVO which they have a copy of the agreement and its terms and condition which I have definitely not seen.

Also I've technically never had an agreement with OVO but with SSE

I didn't even realise they had sold to them until this letter!

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OK but it's always best to scan up these letters you mention so We can decide proper actions/responce/use

please scan them all to one mass pdf in date order. 

Read upload use the online sites listed

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

page 2 is the letter of claim. it even says so!

so drop para 2 of your defence

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

post it here in full for checking

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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