TM Legal Court Claim

[kmd87]

No, CPR 31.14 request time, it still applies

its not allocated to a track yet...

you need to move fast though

Thank you.

When you say, not allocated to a track yet, what do you mean?

I have already submitted my defence which TM Legal can see...which has been replied to.

They actually haven't mentioned any documents in the particulars and the amount owed is not on my credit file.

I am struggling with this case now, it has affected my work and everything over the last couple of weeks :-(

[kmd87]

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.

Hi,

I am sending the CPR 31.14 today to request the documents. However, they don't mention a contract or an agreement in the particulars, only the account number, so i am struggling with the fact they can just not give me any information.

If i requested the extra time to obtain data using the SAR, it was mentioned above that the extension would only put on hold their counter offer it wouldn't stop the court process.

So, then what happens if i receive a questionnaire from the court in the meantime?

If the case goes to court, are there more fees added on, or are the £140 court costs that have been added on already the final costs?

Thanks

[JK2054]

there will be a hearing fee added, but you do not owe this money. simple as. you want it to be in court they don't.

if you receive DQ come back and post here,we'll sort it

[echat11]

Hi,

I am sending the CPR 31.14 today to request the documents. However, they don't mention a contract or an agreement in the particulars, only the account number, so i am struggling with the fact they can just not give me any information.

If i requested the extra time to obtain data using the SAR, it was mentioned above that the extension would only put on hold their counter offer it wouldn't stop the court process.

So, then what happens if i receive a questionnaire from the court in the meantime?

If the case goes to court, are there more fees added on, or are the £140 court costs that have been added on already the final costs?

Thanks

a) I am sending the CPR 31.14 today to request the documents. However, they don't mention a contract or an agreement in the particulars, only the account number, so i am struggling with the fact they can just not give me any information.

That might well be the case. There would have been Terms and Conditions for the account, you would have been defaulted and there might of been letters of assignment.

b) If i requested the extra time to obtain data using the SAR, it was mentioned above that the extension would only put on hold their counter offer it wouldn't stop the court process.

Requesting the SAR information won't stop the Court process or give you the extension you seek, getting the SAR information will help throw up any anomalies. in Orbit's dealing with you. It might help with your Witness Statement further down the line.

c) So, then what happens if i receive a questionnaire from the court in the meantime?

You fill it in and send it off. What does the extension mean?, it means that the Creditor won't go for a Default Judgement.

https://legalbeagles.info/library/gu...uestionnaire//

d) If the case goes to court, are there more fees added on, or are the £140 court costs that have been added on already the final costs?

The Court costs have been added.

[Pezza54]

Based on the value of the claim it will have been provisionally allocated to the small claims track. If you haven't already you need to complete form N180 Directions Questionnaire, file it with the court and send a copy to the claimant. The court after reading both filed questionnaires will confirm allocation. Almost certainly the small claims track in this case

When this happens, CPR 31 is omitted from the small claims track and no longer applies.

The claimant's poc is very brief and does not prove the amount claimed. I hope you wrote this in your defence, no reference to meter readings or bills

The reply to defence states that the claimant has "all the necessary information to supply to the court". This information should have been included in their claim. When do they intend to provide you with a copy so you have the chance to dispute it? This info shouldn't be part of their witness statement. You won't have the chance to add to your defence at this stage

In a court claim there is the claim, the defence, reply to defence and later witness statements. There is no reply to reply to defence

[Pezza54]

Assuming the claim is allocated to the small claims track and you win the case
You will not have to pay anything to the claimant
You may be able to claim travel expenses to the court and any proved loss of earnings

In the unlikely event you lose the case, you may be ordered to pay the claimant, the claim, interest, court fees including hearing fee, and possibly a small limited amount for the solicitor's expenses

[kmd87]

Based on the value of the claim it will have been provisionally allocated to the small claims track. If you haven't already you need to complete form N180 Directions Questionnaire, file it with the court and send a copy to the claimant. The court after reading both filed questionnaires will confirm allocation. Almost certainly the small claims track in this case

When this happens, CPR 31 is omitted from the small claims track and no longer applies.

The claimant's poc is very brief and does not prove the amount claimed. I hope you wrote this in your defence, no reference to meter readings or bills

The reply to defence states that the claimant has "all the necessary information to supply to the court". This information should have been included in their claim. When do they intend to provide you with a copy so you have the chance to dispute it? This info shouldn't be part of their witness statement. You won't have the chance to add to your defence at this stage

In a court claim there is the claim, the defence, reply to defence and later witness statements. There is no reply to reply to defence

Thank you for your reply.

Is the N180 directions questionnaire ,the same questionnaire the court will be sending shortly?

I have requested via telephone, a copy of the ‘final bill’ which they have said can take up to two weeks to receive….by then the counteroffer of £405 has surpassed.

I am so sorry if I sound extremely thick here,my brain seems to have gone to mush with all of this,I just need a process to follow and I will most certainly follow it. Could you please just briefly outline what my steps are from now going forward. Lots of forms mentioned but I’m so lost.

Because they haven’t mentioned in their POC a ‘bill’ can they use the final bill in their witness statement at the hearing?

I feel they are running scared due to the 50% reduction in reply to my defence, as if they had a final bill that I owed £670 then why reduce it?! However, I am more scared I go to court and I loose and I end up paying more than this £405 reduction.

Thanks

[JK2054]

alright lets stop worrying about court.

Firstly we're gonna wait for a copy of the CPR 31.14 response. If you get the court's directions we'll file those as well.

You don't need to worry about anything to do with a bill at this stage, just hang tight for now.

the reduction is just a normal thing that these sort of places do don't worry about it.

[Pezza54]

Yes the court should send you N180
Please read "Directions Questionnaire" under SHORTCUTS on the righthand side of this page There is useful advice on answering questions on the form
You can download N180 form using the link provided

[UGCAIAGG]

How did you get on?