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TM Legal Court Claim

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  • TM Legal Court Claim

    Received a claim? Yes
    Issue Date: 16/9/24
    Have you Acknowledged the Claim?: YES-defence Submitted on 30/9/24
    Total Amount Claimed : £810
    Claimant’s Name: TM Legal Ltd on behalf of Perch Capital Ltd
    Solicitors Firm: Perch Capital Ltd
    Original Creditor: Orbit Energy
    Original Debt Gas & Electricity Supply
    Particulars of Claim: The claimant claims payment of an overdue utilities amount for energy supplied by Orbit Energy to the defendant in the sum of £610.95. Energy was supplied from the 2nd September 2019 to 2nd December 2021, account reference xxxxxxxxx. Following non payment the account was assigned by Orbit Energy to the claimant on or around 29th September 2023. Energy was supplied to the defendant , insert address and the sum owed for the supply remains.
    List any letters you have sent: None, only defence to Court
    Any Other Information or Background Details: Details below;



    Good Morning,

    I received a Claim Letter from the court in regards to TM Legal.

    The claim against me was for an outstanding balance owed to Orbit Energy from 2/9/19 to 2/12/21 for £640.95 increasing to £810.95 for court costs.

    I submitted my defence as I moved out of the property in July 2020. The evidence submitted was a tenancy agreement proving when I moved out and payments to Orbit Energy in the time I lived at the property.

    I could not prove this part as I did not have the e-mail, however, when I had moved out I received e-mails with somebody else's name on.

    So, in hindsight the debt is somebody else’s.

    Before I submitted my defence I did ask if they held the final bill,the reply was no.

    I probably,upon reading some of these posts, could have delved further into the following also as they did not follow the Pre-Action Protocol but due to disputing all of the monies owed I left that part out.

    TM Legal have now replied to my defence stating the below:


    'We write further to the above matter.

    Our client has all the necessary information to supply to the Court and we are confident of over-turning your Defence as we believe it has no merit, and all costs incurred will be added to your account, which means your outstanding balance could increase significantly.

    To bring this matter to an early and amicable close, our client is prepared to offer you a reduction in balance of 50%, which means if you pay £405.48, this account will be considered as settled. You can either pay this in full or monthly at an amount of £50.00 per month until it is cleared.


    If you accept the offer and upon receipt of payment, we will inform the Court that we have reached an agreement, no County Court Judgment will be entered against you. Our client will also contact the Credit Reference Agencies and request your credit file is updated as ‘partially satisfied’.

    To make payment or set up a payment plan, simply click the Call Us button to speak to one of our case managers or click the Visit our Website button to access our online portal'




    I would appreciate any help on this matter with how to move forward please.

    Thanks
    Last edited by kmd87; 4th October 2024, 10:12:AM.
    Tags: None

  • #2
    Hi
    Welcome to LB
    Can you post TM's particulars of claim
    You stated they can't provide a final bill. What is the end date you refer to? Do you mean the final bill up to the date you moved out, or up to 2.12.21, the date they are claiming the cost of energy consumed?

    Have they referred to or provided any monthly/quarterly bills?

    Who is the landlord?

    If you post poc etc please redact names, addresses

    Comment


    • #3
      Originally posted by Pezza54 View Post
      Hi
      Welcome to LB
      Can you post TM's particulars of claim
      You stated they can't provide a final bill. What is the end date you refer to? Do you mean the final bill up to the date you moved out, or up to 2.12.21, the date they are claiming the cost of energy consumed?

      Have they referred to or provided any monthly/quarterly bills?

      Who is the landlord?

      If you post poc etc please redact names, addresses
      Hiya,

      Apologies, i have just amended my post with the Particulars. Nobody has a final bill for myself for when i moved out of the property in July 2020.
      I informed Orbit energy i was moving out and explained i was staying with the current supplier of the new property as it was prepayment meters.

      They have not supplied any bills of any sort.

      The landlord, i cant remember her surname, but it was a private landlord, not an estate agency.

      They only acknowledged my defence at 4pm yesterday and i received that e-mail at 8am this morning, so quite a quick response.

      Thanks

      Comment


      • #4
        You are only responsible for paying the standing charges and energy consumed for the period you lived at the property as a tenant.
        You stated you notified OE the date you moved out.
        Either the landlord or the new tenant is responsible for utility bills after this date.
        Landlords now usually take it upon themselves to notify service providers when the tenancy changes to avoid the problem that has occurred in your case.
        They found they could not rely on the new tenants to contact service providers

        Comment


        • #5
          What would be useful, is getting more information sending a SAR request,. Contact, find out if they hold the data,

          Joanne Hewitt-Schembri, Paul Berkovi, and Mark Firmin of Alvarez & Marsal were appointed Joint Administrators for Orbit Energy Limited

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

          Comment


          • #6
            Originally posted by Pezza54 View Post
            You are only responsible for paying the standing charges and energy consumed for the period you lived at the property as a tenant.
            You stated you notified OE the date you moved out.
            Either the landlord or the new tenant is responsible for utility bills after this date.
            Landlords now usually take it upon themselves to notify service providers when the tenancy changes to avoid the problem that has occurred in your case.
            They found they could not rely on the new tenants to contact service providers
            Hi,

            Thanks for your reply.

            As per TM Legal i only have 7 days to respond to this and that data could take a month, so i have time against me at the moment, unfortunately.

            Thanks

            Comment


            • #7
              [QUOTE=kmd87;n1690577]

              Hiya,

              Apologies, i have just amended my post with the Particulars. Nobody has a final bill for myself for when i moved out of the property in July 2020.
              I informed Orbit energy i was moving out and explained i was staying with the current supplier of the new property as it was prepayment meters.

              They have not supplied any bills of any sort.

              The landlord, i cant remember her surname, but it was a private landlord, not an estate agency.

              They only acknowledged my defence at 4pm yesterday and i received that e-mail at 8am this morning, so quite a quick response.

              Thanks
              RE-QUOTED THE WRONG POST, SORRY

              Comment


              • #8
                Originally posted by Pezza54 View Post
                You are only responsible for paying the standing charges and energy consumed for the period you lived at the property as a tenant.
                You stated you notified OE the date you moved out.
                Either the landlord or the new tenant is responsible for utility bills after this date.
                Landlords now usually take it upon themselves to notify service providers when the tenancy changes to avoid the problem that has occurred in your case.
                They found they could not rely on the new tenants to contact service providers
                Very true, so two people would have informed them i had moved out, myself and the landlord (maybe!)...and i wrote all of this in my defence,however, they seem to think they have evidence that will blow mine out of the park....can i request what information they hold on me, i.e a final bill up to 20/02/20 in order to give my response to the next step?

                I am just wanting some advice as to how i move forward with this now as per their e-mail, if you have any please? It would be greatly appreciated.

                Solicitors around here are £185 per hour, i simply can't justify that for the amount owed

                Comment


                • #9
                  Originally posted by kmd87 View Post

                  Hi,

                  Thanks for your reply.

                  As per TM Legal i only have 7 days to respond to this and that data could take a month, so i have time against me at the moment, unfortunately.

                  Thanks
                  Just write to them, ask for an extension of 45 days, state that you need to seek advice.
                  Gives you time to send your SAR, get the data that you need.

                  Comment


                  • #10
                    Originally posted by echat11 View Post

                    Just write to them, ask for an extension of 45 days, state that you need to seek advice.
                    Gives you time to send your SAR, get the data that you need.
                    Okay, so are my next steps right now to send a letter to TM Legal and request an extension of 45 days?

                    Obtain info from the SAR...slightly confused who i request this information from as Orbit Energy went into administration in 2021?

                    And then wait to see what final bill is held up to 20/07/2020.....i thought energy companies couldn't bill backdated for 2 years? Or have i read that wrong?

                    Comment


                    • #11
                      Okay, so are my next steps right now to send a letter to TM Legal and request an extension of 45 days?

                      The extension of 45 days only relates to their offer. It isn't part of the Court process. The next step should be that both parties receive a Directions Questionnaire from the Court, there might also be the possibility of the free Mediation Service.

                      Obtain info from the SAR...slightly confused who i request this information from as Orbit Energy went into administration in 2021?

                      Contact these people, ask them who holds your data - Joanne Hewitt-Schembri, Paul Berkovi, and Mark Firmin of Alvarez & Marsal were appointed Joint Administrators for Orbit Energy Limited

                      And then wait to see what final bill is held up to 20/07/2020.....i thought energy companies couldn't bill backdated for 2 years? Or have i read that wrong?

                      Providing the customer isn't at fault, does what they should, then 'back billing' would apply if the energy company is at fault.

                      Comment


                      • #12
                        Post deleted
                        See my post 20
                        Last edited by Pezza54; 7th October 2024, 15:29:PM.

                        Comment


                        • #13
                          Originally posted by Pezza54 View Post
                          Had the claim not likely to be allocated to the small claims track, cpr 31 would have applied. You could have sent the appropriate court form (N264 or N265) to the claimant's solicitor requesting the documents, bills you require
                          The claim hasn't been allocated to a track yet, so sending the completed form to TM Legal might do the trick
                          Sorry, which form would i need to send to TM Legal to request if they have the final bill please?
                          And where would i find this, would it be on your forum?

                          Comment


                          • #14
                            Sorry form N263 Disclosure Report
                            Download at assets.publishing.service.gov.uk

                            Comment


                            • #15
                              No, CPR 31.14 request time, it still applies

                              its not allocated to a track yet...

                              you need to move fast though

                              Comment

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