Counter claim against Overdales

[Bliss66]

Hi all
In December 2018, I finally left my bully ex, with my elderly sick father in tow. We found a little flat and had a few months there before he sadly died. It was not a good time, and many other things happened, which mad me ill and just able to cope. I did see my GP about this and talked to Steps2Wellbeing, but did not continue with that as I felt I was bothering them.
I left the flat in October 2019 and moved to another area. I did receive some bills from British Gas, from December 2019 to February 2020, when I was not there. I stupidly ignored them, as I thought it was an error. I moved a couple of times and then received letters from Overdales. They sent many letters and a court action one. I wrote to British Gas and emailed Overdales, with my information from the estate agent at the time, confirming the date I left the property. I also sent screenshots of my appointments with my GP from my NHS APP. I have now paid Northampton Court to counter claim as I don't see why I should pay for energy, when I was not there. Northampton have sent me an acknowledgement and Overdales have 28 days to respond.
Overdales in the meantime have sent me an email with an offer, which is not much less than what they want to bill me from anyway. And on the same day I received the acknowledgement from the court, Overdales have sent a Directions Questionnaire. I am confused by this. Do I complete it, or do I just deal with the court for my counter claim? I am getting confused with the jargon.
Thank you in advance for any advice

[dslippy]

Sorry, I can see a defence argument, but not a counterclaim.

[Bliss66]

Sorry, I can see a defence argument, but not a counterclaim.

I mean I have paid for a defence. Sorry I am not good with the terminology. I have actually just phoned the court and they said that I should ignore Overdales Directions Questionnaire and the court will send me their own Questionnaire if they need to

[echat11]

Hi Bliss

It might be an idea to copy and paste the following questions back on to this thread (without personal questions / reference numbers)

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

Is the following correct?

a) You received a Court Claim from Overdales acting on behalf of British Gas.

b) You don't owe the monies they are claiming. You've lodged a defence with the Court.

c) You want to make a claim against them, You've paid the fee.

d) There will be two Direction Questionnaires so the Court / Judge can instruct on their claim (x 1) and your Counter Claim (x1). The Directions Questionnaire you received will state which one it is. You fill it in send a copy to the Court and a copy to the creditors solicitor. Make sure you get Proof of Postage.

You need to send British Gas a Subject Access Request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

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

[Bliss66]

Hi Bliss

It might be an idea to copy and paste the following questions back on to this thread (without personal questions / reference numbers)

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

Is the following correct?

a) You received a Court Claim from Overdales acting on behalf of British Gas.

b) You don't owe the monies they are claiming. You've lodged a defence with the Court.

c) You want to make a claim against them, You've paid the fee.

d) There will be two Direction Questionnaires so the Court / Judge can instruct on their claim (x 1) and your Counter Claim (x1). The Directions Questionnaire you received will state which one it is. You fill it in send a copy to the Court and a copy to the creditors solicitor. Make sure you get Proof of Postage.

You need to send British Gas a Subject Access Request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

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

Thank you for all of that information
I have done all of the above as you have outlined and received defence acknowledgement from the court. When I just spoke with somebody at the court, they said to ignore Overdales Directions Questionnaire, and the court would send their own questionnaire. Does that make sense?

[echat11]

Thank you for all of that information
I have done all of the above as you have outlined and received defence acknowledgement from the court. When I just spoke with somebody at the court, they said to ignore Overdales Directions Questionnaire, and the court would send their own questionnaire. Does that make sense?

Yes, that does make sense.

They lodged a Court Claim,
You've defended the claim. They've had 28 days to respond, they've responded.
The next step is Directions Questionnaires. Update thread when you get yours from the Court.

One thing you need is information, send the SAR request, post 4.

[Bliss66]

Yes, that does make sense.

They lodged a Court Claim,
You've defended the claim. They've had 28 days to respond, they've responded.
The next step is Directions Questionnaires. Update thread when you get yours from the Court.

One thing you need is information, send the SAR request, post 4.

Thank you for that. Will do

[Bliss66]

Hi
Thank you all for your help
Lowells/Overdales/British Gas have ended their claim, after they finally took onboard all the evidence that I sent to them, stating that I was not in the property when they were billing me. It has taken a long time, and many sleepless nights. Letters, emails and calls to and from Overdales and the court.
Now Overdales are just asking me if I want to claim a sum from them, in my claim to them. I only paid £50 to the court, to make Overdales realise that I was taking this seriously and not baking down to their constant harassment. Well, that is how it felt. So they want to know if I want to proceed to claim £200 odd pounds from them/British Gas. I would love to, but I cannot go through anymore stress.
But thank you all again for your input. Really appreciated

[echat11]

Hi
Thank you all for your help
Lowells/Overdales/British Gas have ended their claim, after they finally took onboard all the evidence that I sent to them, stating that I was not in the property when they were billing me. It has taken a long time, and many sleepless nights. Letters, emails and calls to and from Overdales and the court.
Now Overdales are just asking me if I want to claim a sum from them, in my claim to them. I only paid £50 to the court, to make Overdales realise that I was taking this seriously and not baking down to their constant harassment. Well, that is how it felt. So they want to know if I want to proceed to claim £200 odd pounds from them/British Gas. I would love to, but I cannot go through anymore stress.
But thank you all again for your input. Really appreciated

Well done with sticking with it.

I think you need to contact them, they might just send you a cheque for £500 plus to settle the matter.
They harassed you when you owed no money..

[Bliss66]

Well done with sticking with it.

I think you need to contact them, they might just send you a cheque for £500 plus to settle the matter.
They harassed you when you owed no money..

Thank you. Overdales have offered me £100 (Including the £50 I paid to the court). They say it is an offer from British Gas. Can I ask to see the offer from British Gas?

Thank you

[echat11]

Thank you. Overdales have offered me £100 (Including the £50 I paid to the court). They say it is an offer from British Gas. Can I ask to see the offer from British Gas?

Thank you

Yes, you really need to push them. Suggest a settlement figure.

[Bliss66]

Hi
I pushed them to ask for proof of the offer and they declined. They replied with this:

In the circumstances, we hereby give you notice that you have until 4.00 pm on Monday 31 October 2022 to file and serve Notice of Discontinuance failing which our client’s without prejudice offer of £100.00 will be withdrawn and our client will proceed with the court proceedings.

[Bliss66]

Hi
I pushed them to ask for proof of the offer and they declined. They replied with this:
In the circumstances, we hereby give you notice that you have until 4.00 pm on Monday 31 October 2022 to file and serve Notice of Discontinuance failing which our client’s without prejudice offer of £100.00 will be withdrawn and our client will proceed with the court proceedings.

[echat11]

Hi
I pushed them to ask for proof of the offer and they declined. They replied with this:
In the circumstances, we hereby give you notice that you have until 4.00 pm on Monday 31 October 2022 to file and serve Notice of Discontinuance failing which our client’s without prejudice offer of £100.00 will be withdrawn and our client will proceed with the court proceedings.

I would just except the 'offer of £100' (make sure your Credit File doesn't have defaults, missed payments etc) and follow their advice regards Discontinuance.