Lowell -Energy supplier claim.

[MIKE770]

mediation the court expect both sides to possible mediation, do you have strict proof statute barred??? sure somebody will advise soon, i,e, mediator read threads on mediation and get an idea what it is all about, Lowells will not have your phone number only the person in the middle of the 2 phones

[harmonious]

Hi Mike770,

Thanks for your reply.

I don't have strict proof it is statute barred, I'm not sure how I could get that. I'm relying on the fact that 6 years have elapsed since I lived at that address and I haven't been in contact with the energy supplier as I was not aware there was a problem.

I thought Lowells would need to prove that it wasn't statute barred by producing some evidence to that effect.

Hopefully someone here can advise me on this.

Harmonious

[MIKE770]

Subject Access Request Letter have you sent the DSAR to the utility company (no cost)??

1. The Agreement

If it were me I'd also be asking for all terms & conditions relevant to the agreement as well.

Other than that, imho good to go. did you ask for this in the CPR request as advised earlier>>?

[MIKE770]

mediation will ask if you have all the necessary documents to defend the case - if NOT you would state No, they will then state mediation cannot take place and send case back to the court for next stage, lowells will have to supply their evidence at a later stage

[MIKE770]

@ charitynjw
VIP Membe

[harmonious]

Hi Mike770,

Thnks for your responses.

I haven't sent a DSAR to the utility company yet, I'll do that today.

The CPR I sent Lowells asked for

1. The Agreement
2. All terms and conditions relevant to the agreement.
3. A detailed breakdown of the alleged liability remaining outstanding for payment
4. Notice of Assignment

They replied with a letter stating:

The [Assignor] account was opened on day/month/year. The account was a service agreement and not an agreement for credit. It was therefore not regulated by the Consumer Credit Act 1974. There is therefore no obligation to provide a copy of the agreement and the Assignor has confirmed that this is no longer available.
A copy of your final bill is enclosed which evidences the assigned balance of £850.00.

Also enclosed was an estimated bill dated after I moved from the property and a copy of a letter from Lowells claiming the account had been assigned to them.

Harmonious

[harmonious]

Hi All,

Sent off the DQ response to the court by first class post on Tuesday as the deadline was today.
I've just checked the moneyclaimonline website and it doesn't appear as filed in the 'claim history' section.

Should I be concerned by this? If so, is there anything I can do about it?

Thanks for reading.

Harmonious

[charitynjw]

You could phone the court.

[harmonious]

Hi CharityNJW,

Thanks for your reply.
I rang the court, apparently they were a few days behind in processing their mail.
The fact that I filed a DQ is now appearing on moneyclaim online.

I did notice in the copy of Lowells DQ that they had put 0 int the number of witnesses question.
Does this mean they won't be represented if it does go to court?

Thanks for reading.

Harmonious

[LongDay]

Hi,

i was just wondering if you have an update with proceedings as i am in a very similar situation with Lowell to do with an old EDF debt from when we changed supplier. I have just receievd a letter from lowell saying they have agreed to mediation but i can contact them to make an offer of payment. I just wondered how you had got on?

thanks

[tungiiq]

Nowadays, energy is becoming cheaper and cheaper, because every day there are more and more methods for generating energy. But in some places it is still not possible to get energy. What to do if you went with friends to a forest for a picnic and you need to urgently charge the phone, but there is no powerbank at hand. Personally, in such cases I use portable power station
I can take it with me wherever I want and it can satisfy my energy needs.

[MIKE770]

lowells are hoping you cave in, they have to agree mediation or get sanctioned if they continue to court a later date, it is a game who holds out the longest so do not panic