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PRAC Financial/BW Legal court claim for old Eon final bill

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  • PRAC Financial/BW Legal court claim for old Eon final bill

    Received a claim? Yes
    Issue Date: 20 Sep 2021
    Have you Acknowledged the Claim?: Not yet
    Total Amount Claimed: £860
    Claimant’s Name: PRAC Financial
    Solicitors Firm: BW Legal
    Original Creditor: Eon
    Original Debt: Final energy bill
    Particulars of Claim: The Claimant’s Claim is for the sum of £720 being monies due from the Defendant to the Claimant in respect to the supply of energy by E.ON Energy Solutions Ltd to the Defendant under the account reference [12345678]. The rights, benefits and title account have been assigned to the Claimant on 18/12/2020, notice of which has been given to the Defendant pursuant to s. 136 of the Law of Property Act 1925. The Defendant has failed to make payment as and when it fell due and despite demand having been made, the Defendant has failed to settle their outstanding liability.
    Is the debt Statute Barred: No
    List any letters you have sent (eg: CCA/ CPR ): None since the claim form
    Any Other Information or Background Details:
    • Left Eon in April 2019.
    • When leaving, the lady on the phone at Eon (I know, shoulda got it in writing) assured is that was the end of it and all monies owed were up to date
    • 19 September 2019 - I get a surprise ‘Final Bill’ for £720, covering charges for periods between March 2018 and April 2019. As far as I can tell, these are a list previously ‘estimated’ bills that are now re-issued as a meter reading was done as I left Eon.
    • Following several months of back and forth web chats and phone calls disputing the amount, all went quiet
    • 16 June 2021 - Letter of claim received from BW legal. Contains all the details regarding particulars, pre-action protocols and 'statements'
    • 25 June 2021 - Another Letter of Claim received from BW, exactly the same but with all the dates nudged forward 9 days
    • I ask for a better breakdown as I am still none-the-wiser as to how the bill got to that amount and for more clarity around some of the dates listed - the bills are VERY hard to read.
    • 5 July 2021 - BW just send photocopies of all the bills
    • 30 July 2021 - BW write again offering a 35% Discount.
    • I reply asking for a more detailed breakdown as the final bill itself made no sense. Extremely confusing, seemingly random credits and charges, the bill somehow started £720 in credit but then wound up with £1000 in extra charges, seemingly random billing periods, 'Estimated' written on page one but 'revised' written on page 2... Page one said something totally different (in short, it said we started £30 in debit then charged £740 odd)... Also, the actual final bill was for £780, not the £720 they were claiming so it all felt a bit 'made up', like numbers were just being plucked out of thin air.
    • 2 August 2021 - BW supply a lazy breakdown, a table merely quoting the same bill amounts as on the original bills, before re-offering the 35% Discount giving us until 29th August to pay before legal proceedings begin.
    • I, naively, started to lose interest at this point. It was taking up so much time and stress and the fact they were offering a discount felt as though they themselves didn’t believe they’d get the money if taken to court – if they did believe it, why offer a discount after all? Seems like bad business sense to me. I’ve also had letters like this in the past (I was very bad with loans etc in my early 20’s) and basically always had nothing come of it.
    • Today: Court claim documents in – all forms included (N1, N9, N9A, N9B)– for the full £720 plus £140 costs (2 x £70 for a court fee and Legal Representative’s Fee)

    I haven’t yet sent the acknowledgement as I’m not sure what legal leg, if any, I have to stand on. It wants to know if I intend to defend 'some' or 'all' of the amount claimed, and that’s why I’m here - should I bother, or just accept fate?

    I read on a BBC article that as of May 2018, energy firms were banned by Ofgem from ‘back-billing’ energy used more than 12 months before the bill date. As this bill was September 2019 and it charges revised amounts from estimated bills as far back as March 2018, do I have a defence here for at least some of the amount? Is there anything in the fact the actual final bill amount doesn't match the amount they are claiming?

    Is there anything else I can do about this, or am I now basically inevitably getting a CCJ (I simply don’t have £850) no matter what I do? I’ve just recently been really trying with my credit score after my earlier mistakes and could really do without it. I’m aware of my own stupidity here and I could well have saved myself £400 odd had I listened earlier, I’m just trying to make the best of it going forward.

    Thanks for reading, I’ve been as brief-but-thorough as I can but happy to answer any questions.
    Tags: None

  • #2
    Hi BENNYMC

    a) Acknowledge the claim online - that will give you an extra 14 days, making 28 days in totaL, that will give you time to decide how to procede.

    https://legalbeagles.info/library/gu...ledge-a-claim/

    b) Send EON a SAR, they have 30 days to provide all the data on the account for a 6 year period. Email it to their Data Protection Team.

    https://legalbeagles.info/library/gu...ccess-request/

    c) Send the solicitors - 31.14 Request, they will send the relevant documents they are using to make their claim.

    https://legalbeagles.info/library/gu...-of-documents/

    They have 14 days to respond. Get proof of postage


    Comment


    • #3
      Originally posted by echat11 View Post
      Hi BENNYMC

      a) Acknowledge the claim online - that will give you an extra 14 days, making 28 days in totaL, that will give you time to decide how to procede.

      https://legalbeagles.info/library/gu...ledge-a-claim/

      b) Send EON a SAR, they have 30 days to provide all the data on the account for a 6 year period. Email it to their Data Protection Team.

      https://legalbeagles.info/library/gu...ccess-request/

      c) Send the solicitors - 31.14 Request, they will send the relevant documents they are using to make their claim.

      https://legalbeagles.info/library/gu...-of-documents/

      They have 14 days to respond. Get proof of postage

      Many thanks for your reply. I have now sent the AoS

      Sorry if this is a dumb question, but on the 31.14 request, it mentions to only request documents listed on the particulars of claim - I'm not sure I see a specific document listed there - am I right in thinking it's basically only the notice of assignment and the 'demand having been made' line that possibly refer to a document?

      "The Claimant’s Claim is for the sum of £720 being monies due from the Defendant to the Claimant in respect to the supply of energy by E.ON Energy Solutions Ltd to the Defendant under the account reference [12345678]. The rights, benefits and title account have been assigned to the Claimant on 18/12/2020, notice of which has been given to the Defendant pursuant to s. 136 of the Law of Property Act 1925. The Defendant has failed to make payment as and when it fell due and despite demand having been made, the Defendant has failed to settle their outstanding liability."

      Comment


      • #4
        Why didn't you Acknowledge the claim online?

        I would write 'all documents relating to the claimants claim'.

        Comment


        • #5
          Originally posted by echat11 View Post
          Why didn't you Acknowledge the claim online?
          I did - sorry I didn't say that I had done it online specifically, but rest assured I did as per the instructions you sent in your first reply.

          Originally posted by echat11 View Post
          I would write 'all documents relating to the claimants claim, including all bills since the inception of the account'.
          Ok so, will this suffice?

          "To enable me to file my defence and/or counterclaim, I require inspection of all documents relating to the claimants claim, including all bills since the inception of the account ahead of filing my defence on 18/10/2021."

          (18/10/2021 being 28 days from the issue date of the claim)

          Sorry I'm a complete noob at this, just want to make sure I get it right. Really appreciate the help.

          Comment


          • #6
            That's fine.

            What you need to do is start building a complete statement for your account from the first day to the last day.
            It needs to be accurate as you don't know how they've worked out the sums they say you owe them.

            You really need to understand your tariffs. The units used and how they are applying the monthly cost to your
            statements.

            Here's some useful information on billing (posted for article only) -

            https://www.uswitch.com/gas-electric...y-bills/#step1

            Use a spread sheet, Working out electricity is straightforward, gas is a bit more tricky.

            Did you have a smart meter?

            Comment


            • #7
              Originally posted by echat11 View Post
              Did you have a smart meter?
              No, not until we switched providers.

              Thanks so much for your help so far, I'll get the letters emailed and posted then update as and when I get a response.

              Just one more thing - what happens if I don't get a response from one or both of them in time? I notice the Eon SAR gives 30 days to respond, which is more than my 28 day limit to file a defence. If they respond on day 27 or later, that would be too late for me wouldn't it?

              Comment


              • #8
                The SAR in your case is to get things like account notes when you speak to customer service etc. They've actually sent copy bills in July 2021 (so you can check their billing). You've provided a pretty good summary of what's happened. So if it arrives on time great, if it doesn't that's not detrimental.

                Comment

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