Lowell and EDF

[Seeking]

Hi,

A newbie here. I have left this a bit late but here is the summary. I disputed a bill from EDF 5.5 yrs ago. Basically, I moved house and was given a high note which I claimed was not accurate. I have email exchanges with EDF to this effect. They did not respond to my cialms and since I did not hear from them, I assumed that was the end. Now, 5.5yrs later, Lowell is chasing the debt (£850) and has sent court claims. I have acknowledged the form and intend to file a defense. I sent lowell for a prove it letter and was told to prove/send them information that the debt is not mine (basically asked to prove it).

This is where I need your advice. Should I sned the email correspondence to lowell or to the court or to both? how do i go about with my defense? Many thanks for a speedy response as my 28 days is due next week.

[ostell]

Thata's the wrong way round ! They have to prove that the debt is yours.

At this stage you send your defence to the court, they copy it to Lowell

You have 33 days from date of service to get your defence to the court. Is that a bit longer than you thought.

[Seeking]

ostell Many thanks! It is getting overlwhelming to be honest.

I thought I have 28 dyas to file my defend to court, that was what I read in teh court forms - am I wrong? (28 days elapse 25th of April and with the Easter break, I have about 2 working days if replying online).

How do I contend that lowell has not proven the debt? Essentially, they have asked me to prove, what is my counter claim?

How do I about writing my defense? Many thanks.

[ostell]

Read the form carefully, it says 28 days from date of service. It also mentions that date of service is 5 days after date of issue.

So you deny that you owe anything to EDF

You mention that you raised a dispute in xxx and EDF failed to respond.

You have no details of the debt and how it has accrued.

Their particulars of claim is deficient in that it does not describe how the debt occurred.

etc

[Seeking]

OK, Many thanks. Is it possible for me to share a copy of teh defense with you before i send it? cheers

[ostell]

Yes, post it on here for critique before you send.

[Seeking]

OK. I did not send a SAR to Lowell. I guess its too late now (to get to deleivered) or should I ask them for one over the phone/email? Is it necessary? Just thinking what I need to write in my defense that Lowell has not provided. cheers

[ostell]

You send a SAR to EDF.., Lowell will have nothing. You ask Liwell for all the documents that they intend to use in court, in order to narrow the issues. And to respond within 7 days as they should have the documents to hand

[Seeking]

Hi, I'm back again. Thanks for your time. I hoep yu enjoyed the Ester break. Below is my defence. Kindly let me know any ammendment or correction. You can PM me if that is easier/better.

1. The Defendant denies each and every allegation in the Claimants statement of case unless specifically admitted in this Defence.
2. The Defendant has no details of the debt and how it has accrued.
3. The Defendant raised a dispute on the (dates) regarding the debt and EDF failed to respond.
4. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess her position with regards to the claim.
5. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
6. On the (date), The Defendant sent a ‘Prove it’ request to The Claimants but the Claimants have not provided any documents or information to The Defendant.
7. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.
8. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
9. It is denied that the Claimant is entitled to the relief as claimed or at all.

[Seeking]

Amethyst can you help with this please? I guess ostell is unavailable.

[ostell]

Some of us have other things to do, such as taking partners to hospital et al.

[Seeking]

ostell, hate to be a pain and I am sorry to learn about your partner's conditions. I guessed you were unavialble/busy hence, my note to Amethyst. I am aware this is a free/voluntary service and I appreciate your support. You have been very helpful. I hope your partner gets better. Best wishes x

[Amethyst]

Morning xxx Having a read back for you see where you're at

[Amethyst]

Just quickly - can you post the particulars of claim from the claim form please Seeking

[Seeking]

Amethyst, Hi, will do so in a bit, many thanks!