Lowell and EDF

[Seeking]

Here you go.

[Amethyst]

Ta

[Seeking]

Below is my ammended defence. I did not send a SAR to lowell solicitors as was really unsure on how to proceed and when I learnt i should, I realise it was too late. So, I have decided to sned tghem one today nonetgheless as gthe case has not yhet been assigend to a small claims court hence my note in Paragraph 7 - is this right? Also, should PARA 6 state 'statement' of claim of particulars of claim? Many thanks

1. I received the claim xxx from the County Court Business centre in Northampton on the xxx
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for energy supply agreement with EDF. I have had energy supply from EDF in the past however; on the xyz, I raised a dispute regarding inaccurate billings and EDF failed to respond.
4. I have no details of any debt and how it has accrued.
5. On the xyz, I requested the Claimant provide evidence that proves my liability for the debt but the Claimant has not provided any documents or information to this effect.
6. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.
7. I have sent a SAR to the Claimants on the 25^th of April 2019 for a response within 7 days, and will expand upon my defence in the witness statement and evidence, once I have seen the details from the SAR.
8. 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.
9. I respectfully request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
10. In the event that the relevant documents are received from the Claimants, I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
11. It is denied that the Claimant is entitled to the relief as claimed or at all.

[Seeking]

Just realised I mixed it up - the SAR should go to EDF while CP31.4 (or so) to Lowell! Will Amend. What am I supposed to request from Lowell in the CP31.4? This is energy bill not CC...thank you.

[Amethyst]

1. The Defendant denies each and every allegation in the Claimants statement of case unless specifically admitted in this Defence.
2. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess her position with regards to the claim.
3. The claim is stated to be for an outstanding energy bill from EDF Energy Customers Plc.
4. It is admitted that the Defendant held an account previously with EDF Energy Customers Plc however it is denied that there was any remaining liability for payment as alleged by the Claimant. The Defendant does not recognise the given account number.
5. The Defendant has not received any contact from EDF Energy Customers Plc since YEAR when the agreement ended.
6. On receipt of the claim from the Claimant the Defendant requested further information or evidence regarding the alleged debt. She requested x,y,z.
7. The Claimant has failed to provide any further information at all.
8. The Defendant has not received any notice or evidence of legal assignment of the agreement.
9. 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.
10. 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.
11. 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.
12. It is denied that the Claimant is entitled to the relief as claimed or at all.

EDIT: See next post.

[Amethyst]

oh tits, you re-did it.

Yes SAR to EDF. Too late for a CPR request to Lowell really - but you have said you sent a 'prove it ' letter ( I have no idea what that was or asked for ).

And you can put in Defence that you have done so.

[Seeking]

Great, thank you!

I sent a prove it letter based on a tgemplate from this site. basically I asked Lowell to provide evidence that the debt is valid and/or I am liable. They responded by asking that I should provide documents or info to prove the debt is not mine. As ostell pointed out, it was the otehr way round. Many thanks, I will post the defence now and await next steps. Just to put my mind at rest (as I am worked up on this), can you briefly explain next steps? Will the judge base his/her decision on this defence and either decides in my favour or against? How quickly or long does this take? When and how does this resort to a CCJ?

[Amethyst]

Nope, long way yet....

Once Defence is in the other side will be sent a copy and have 28 days to tell the court if they want to continue.
Then the court will send you a Directions Questionnaire to complete - this says if you agree to mediation and which court is local to you for the hearing.
Once both sides return the Directions Questionnaire the court sends the case to the relevant court, and they issue directions - normally a hearing date with instructions on filing documents and witness statements.
Documents get exchanged ( by post ) and the Claimant pays a hearing fee.... then if nothing gets resolved / settled in the meantime, you get to go to the hearing
If you lose at the hearing you get a CCJ.... if you don't pay within 28 days then it is entered on the register. If you win at the hearing, the case is dismissed and that's the end of that.


Lots of other things can happen in between - but you are looking 4/5 months from now before it's resolved one way or t'other.

[Seeking]

Just a quick one, I can see you omitted the dispute I raised with EDF in the defence. Should that be for a later time? basically, EDF sent inaccurate billing, I challenged tghem and have email correspondence but I did/have not receieved responses. so, I assumed the matter was closed. This was back in 2014. Cheers

[Seeking]

Nope, long way yet....

Once Defence is in the other side will be sent a copy and have 28 days to tell the court if they want to continue.
Then the court will send you a Directions Questionnaire to complete - this says if you agree to mediation and which court is local to you for the hearing.
Once both sides return the Directions Questionnaire the court sends the case to the relevant court, and they issue directions - normally a hearing date with instructions on filing documents and witness statements.
Documents get exchanged ( by post ) and the Claimant pays a hearing fee.... then if nothing gets resolved / settled in the meantime, you get to go to the hearing
If you lose at the hearing you get a CCJ.... if you don't pay within 28 days then it is entered on the register. If you win at the hearing, the case is dismissed and that's the end of that.


Lots of other things can happen in between - but you are looking 4/5 months from now before it's resolved one way or t'other.

This is very reassuring. Many thanks! Will keep everyone updated. x

[Amethyst]

Yip left it out, as for the moment you deny any debt was owed, if they come back say there was ( with a copy of the bill etc ), then you say ahhh but that was disputed and resolved (or not ) at the time... etc

[Seeking]

Yip left it out, as for the moment you deny any debt was owed, if they come back say there was ( with a copy of the bill etc ), then you say ahhh but that was disputed and resolved (or not ) at the time... etc

Massive thanks and big hugs!

[Seeking]

Amethyst, Hi again. So update on the above. I have now received Director's Queationaire from the court. It states to send a copy to Lowell. Do I send all pages/sections to Lowell or just relevant sections i.e., sections C&D. Sections A&B have my personal/contact details (email and phone) which Lowell does not have and I am not inclined to pass along, except mandatory. Thanks for your usual help.

[Seeking]

1. The Defendant denies each and every allegation in the Claimants statement of case unless specifically admitted in this Defence.
2. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess her position with regards to the claim.
3. The claim is stated to be for an outstanding energy bill from EDF Energy Customers Plc.
4. It is admitted that the Defendant held an account previously with EDF Energy Customers Plc however it is denied that there was any remaining liability for payment as alleged by the Claimant. The Defendant does not recognise the given account number.
5. The Defendant has not received any contact from EDF Energy Customers Plc since YEAR when the agreement ended.
6. On receipt of the claim from the Claimant the Defendant requested further information or evidence regarding the alleged debt. She requested x,y,z.
7. The Claimant has failed to provide any further information at all.
8. The Defendant has not received any notice or evidence of legal assignment of the agreement.
9. 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.
10. 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.
11. 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.
12. It is denied that the Claimant is entitled to the relief as claimed or at all.

EDIT: See next post.

Amethyst An update on the above. So, we were unable to reach an agreement via mediation. I offered £100 and EDF suggested £500 (original debt was £700 excluding court expenses). I learnt via mediator that Lowell plans to provide copies of the utility bills throughout my stay at the property/with EDF and will show a deficit of the said debt. I was given time to consider this final offer (£500) till Thursday.

I am not sure on how to proceed. Can I further contend? Can I still counter offer directly to Lowell?

Many thanks for a quick response.

[Seeking]

An update on the above. So, we were unable to reach an agreement via mediation. I offered £100 and EDF suggested £500 (original debt was £700 excluding court expenses). I learnt via mediator that Lowell plans to provide copies of the utility bills throughout my stay at the property/with EDF and will show a deficit of the said debt. I was given time to consider this final offer (£500) till Thursday.

I am not sure on how to proceed. Can I further contend? Can I still counter offer directly to Lowell?

Many thanks for a quick response.