Lowell Solicitor Court Claim for EDF’s alleged debt

[Bash0077]

I was living in a shared property in London from Jan 2015 upto Nov 2017.

When I moved into this property, EDF energy was already supplying energy there. Someone from the flat, or may be landlord put my name to EDF energy.

I or I believe no one in the property ever entered into any agreement with EDF.

I received first bill from EDF on December 2015-11 months after I moved to that property. Bill was for £567. Letter said- you have still unpaid bill of £567 but it did not had any meter reading or may be it had meter reading. I still have that letter but without any details of bill ( meter reading ). I cleared this bill ( card payment) by February 2016.Then I switched to different supplier by February 2016. In April 2016, EDF sent me another bill of £1400. I disputed this bill by telephone call. But they kept sending me payment reminder followed by debt recovery company for Three four months afterwards.and then they stopped communicating.

In August 2017 I moved to new address. Then I started getting letter and phone calls from Lowell portfolio which all I ignored.

In Feb 2019 finally Lowell Solicitor sent me claim form- I replied with two letters

1. I don’t have any knowledge of this debt ( I forgot about EDF as I believed bill was settled), and asked for proof of agreement.

2. I did subject access request.

They replied, they don’t have any agreement but they confirmed that I paid bill of £567 in Feb 2016 ( pointing - I had contract). And then they said I can contact EDF for subject access request and they said they postponed until further investigation.

On 1st may 2019, I received court claim form.

On 8th may I called Lowell portfolio and requested them to allow me to talk to the Solicitor who signed court claim form. But they moved me from one agent to another but refused to allow me talk to Solicitor ( they don’t even know him), rather insisted to make a payment plan and then advised to reply to court or contact step change.
i told them I disputed this bill with original supplier EDF in 2016, but they said, they can’t negotiate the figure even though they sent me 50% discount offer earlier.

I know, my time is very limited.
Currently I am claiming Universal credit as I am on low income.

would learned people here advised me - what can I do now?

I am helpless. I was not the only person used this energy and that £1400 bills with estimated reading just after two months of clearing EDF’s initial demand of £567 does not make any sense.

Could anyone please helo?

[charitynjw]

Hi & welcome to LB.
First things first.
What is the date of issue on the claim form?
Have you formally acknowledged it?

[Bash0077]

I have not yet acknowledge it? I have two more days in hand.

i am just wondering should fully defend it or partially defend it.

[charitynjw]

I have not yet acknowledge it? I have two more days in hand.

i am just wondering should fully defend it or partially defend it.

Defend in full for the moment.
Just tick the box....do not put anything in the 'defence' section.
You can change your position later if necessary.

What is the date of issue on the claim form?

[Bash0077]

I have sent the acknowledgement on time. that I will fully defend it. And now I am thinking of sending a letter to LOWELL SOLICITOR in order to try to negotiate outside court.

My letter will mention following points:
Defence:

1. I never had any contract with EDF for utility supply.
2. My landlord Richard Mallett was responsible for utility bill during the period claimant is claiming the bill for. Please look at the tenancy agreement. The flat has a detached garage for car. When I was renting the flat during 2015, I did not have driving licence hence, I did not required to have a car garage. So, I requested him to have discount on rent. But, he offered, he will rent car garage separately and but he will pay my utility bills.
3. I made a payment of £434.16 to EDF in March 2016 for the bill dated 11^th of January 2016 on my landlord’s request. This payment was adjusted by landlord with the furniture that was damaged by me and he provided a replacement of Sofa which was over £500 during the period January 2016.
4. This was my first time rental of a flat from a landlord. Before this, I never rented a flat for myself. Hence I did not have idea of how utility bills works. I can understand, it was a big mistake of mine, to make that payment on landlord’s behalf. I never guessed, making that payment will bind me to a legal bindings with EDF.
5. After, I had made payment of £434.16 to EDF in March 2016, my landlord told me, he will no longer be able to pay our utility bills, because our one year tenancy has come to an end from February 2015 to January 2016.
6. Then I switched to a different supplier for utility.
7. In May 2016, I received a new bill from EDF, claiming £1500. I raised this issue with my landlord. He advised me to call EDF and dispute the bill, which I did dispute during that time with EDF but did not hear anything back from them until Lowell portfolio sent me letter to me in 2018.
8. Because, I was not responsible for the energy bill during that period, I did not have any knowledge of the service provided by EDF energy Ltd until I received reply by Lowell Solicitor in response to my reply of pre action claim letter sent by Lowell solicitor which stated, I made a payment of £447 to EDF energy.
9. Now, I have found that bill of 11^th January 2016 of £434.16 which states ‘’ You still have an up paid bill of £434.16.
10. Bill dated 13 May 2016, shows the property was billed on Quarterly basis. So the bill that is dated 11^th January 2016 of £434.60 is either for up to third quarter up to OCT 2016 ( Feb15-Apr 15, Q1, May15-July15, Q2, Aug15-Oct15, Q3, Nov15-Jan16, Q4)or for Quarter four up to January 2016.
11. If this 11^th January bill is for Q3, for remaining another five months from Nov 15 to Mar 16, the pending bill can never be £1500 due in a two bed flat where I was living with my wife and two little kids.
12. Moreover, the bill dated 13^th May 2016 was billed with three different sections with some estimated readings not any actual reading.
13. Moreover, EDF has never contacted me, nor sent me any other bills until January 2016, 11 months after the service had started. If I was contacted on time, or sent bill earlier, I would have got chance to dispute with EDF through my landlord as to ‘’ Why EDF is sending bills on my name? And why the bill was so high?
14. As stated earlier, I feel, I was partly responsible for being naïve for not being able to raise this issue strongly with my landlord or EDF to take my name off the bill. But, it is also certain that, EDF – the original claimant has not shown any responsibility by failing to produce bills on time. Even though on their letter, it says, EDF is supposed to bill quarterly but I had never received any bill from EDF before January 2016 of £565 which I settled/paid after talking to my landlord.
15. Because, I feel, I was partly responsible for this issue, now I am ready to pay a bill which is reasonable.
16. Fortunately enough, I still have photograph of meter reading of 2 Giralda close, E163SZ, property on the bill dated Novermber 2017 which shows day reading as 70079kw and Night reading as 13147.
17. I certainly believe, there are few issues with EDF may 2016, £1500 bills-

1. End meter reading was inaccurate
2. Per KW meter reading was too high compare to other energy providers during that period.

1. I have shown in a separate excel sheet, how EDF’s end meter reading is unrealistic and inaccurate. With the meter reading that I have now in hand, it shows from February 2015 to November 2015 ( my whole 34 months tenure at the address) monthly average usage is 667kw whereas on EDF bill monthly average usage is 851.4 (from Feb 15-mar16).
2. I have shown on the excel sheet if correct reading was produced, outstanding bill should not had been over £1014.13.
3. And if EDF had sent me a regular bills, I would have got chance to switch earlier to a suitable tariff either with EDF or with any other energy supplier which would have cost me less (I would have done so, should I knew, I am responsible for energy bills).
4. With a reasonable bill of 12p day rate per kw and 5p per kw night rate and standing charge of 13p per day, the total bill payable should not be more than £659.28.
5. However, I understand, Lowell portfolio and Lowell Solicitor, is chasing this bill for long time. I should have contacted with Lowell earlier. But, because, I did not have any knowledge of any legal bindings of this bill, I could not contact Lowell Earlier.
6. Because of this delay, and hence, Lowell has incurred cost, I am ready pay a bill of £1000 in total.
7. Should you accept this settlement of £1000, and withdraw the court claim, I should send you an income and expense budge to be able to set up a affordable direct debit with you.

Please let me know within seven days, should you wish to accept this offer.

Can anyone help please? Should I send this? And if I send this what papers should send in order make them sign it so that I can send it to court to withdraw court claim.

[charitynjw]

It may be possible that you are the person potentially liable for this as far as EDF is concerned, but you would have a seperate claim against the landlord for his breach of contract.

I'll give R0b a nudge for further comment

& des8

[Bash0077]

I am still waiting to see more response from learned contributor before I decide what to do? Should I send them a PART 36 Letter

[R0b]

Your defence needs to be drafted as a denial of liability, not that you are ready to make a part payment of the bill as that is a separate letter to EDF.

Have to say I am a little confused because in paragraph 2 you say the landlord was responsible for the utility bills and if it is in the tenancy agreement then it's game over already and Lowell should be pursuing the landlord.

Problem is that you made a payment of the bill and that might be construed as you having accepted that you are liable to pay the EDF bills. As you say, you should have spoken up and contact EDF to say that you are not the bill payer and this should be invoiced to the landlord as per your tenancy.

Sounds like you've been taken advantage of and you will learn your lesson from this no doubt but if the tenancy agreement confirms that the landlord is responsible, that should be your defence and not suggesting you make a payment to settle.

The defence needs to be much clearer and more concise as to why you are not liable as alot of the information you've inserted is more worthy of being in witness statement further down the line and not in your defence.

[Bash0077]

Many thanks Rob for your valued suggestions. I tried to contact my previous landlord many times via email and mobile. His phone is off and no email reply. So I though, I will make a payment and close this issue before court without risking to have a CCJ. But, as you rightly suggested, I should not be victim of bullying by Lowell rather should defend firmly and concisely.

If I defend the case now, and if any judgement comes against me, and if I clear the payment within 28 days, Will I still have CCJ record on my credit file?

Could you kindly advise, how clearly and concisely I should prepare my draft?

What do you think of this:

1. I was not liable for this EDF bill that claimant is claiming.
2. As per tenancy agreement, my rent was inclusive of gas and electricity bills.
3. Claimant failed to produce any agreement between original creditor EDF and defendant.
4. Lowell Solicitor had not given any 14 days notice to defendant before filing this court claim. Defendant had denied liability of the initial claim that claimant made and asked for agreement. But claimant replied it has stopped further action until further investigation. But later straight came to court before informing defendant of their intention.

Should this be enough, or should I mention about my payment as well and why I made it.

[Bash0077]

rob @desh

[Bash0077]

des8

[Bash0077]

Many thanks Rob for your valued suggestions. I tried to contact my previous landlord many times via email and mobile. His phone is off and no email reply. So I though, I will make a payment and close this issue before court without risking to have a CCJ. But, as you rightly suggested, I should not be victim of bullying by Lowell rather should defend firmly and concisely.

If I defend the case now, and if any judgement comes against me, and if I clear the payment within 28 days, Will I still have CCJ record on my credit file?

Could you kindly advise, how clearly and concisely I should prepare my draft?

What do you think of this:

1. I was not liable for this EDF bill that claimant is claiming.
2. As per tenancy agreement, my rent was inclusive of gas and electricity bills.
3. Claimant failed to produce any agreement between original creditor EDF and defendant.
4. Lowell Solicitor had not given any 14 days notice to defendant before filing this court claim. Defendant had denied liability of the initial claim that claimant made and asked for agreement. But claimant replied it has stopped further action until further investigation. But later straight came to court before informing defendant of their intention.

Should this be enough, or should I mention about my payment as well and why I made it.

[Bash0077]

I was seriously expecting advise on this. But still no input from valued experienced advisor. Anyone please help on drafting more precise and clear defense, as I will have to do it by tomorrow

[R0b]

Can you post up a copy of the particulars of claim by Lowell?

Without seeing that, we can't really assist on your defence.

The defence itself might be short enough to fit into the box online but if it isn't then you are going to need to send a defence set out like the one below.

https://legalbeagles.info/library/gu...-court-claims/

[Bash0077]

1. Despite request for producing agreement between defendant and original creditor EDF, claimant has failed to produce any agreement.


2. After defendant has asked for documents in reply of pre action letter sent by claimant, claimant has not correspondate with defendant showing further interest and reason of filing this court claim.

3. Without agreement defendant lacks proper ground to defend.

4. Therefore defendant request learned court to order claimant to produce details agreement with all terms and condition on which this claim is based on.

5. It is to be noted that Defendant deny all alleged claim made by claimants because on the subject address, defendant’s rent was inclusive of energy bills.

6. Therefore, as claimant has failed to produce agreement and failed to give opportunity to defendant to defend before making this court claim, defendant request learned court to struck out this case.

7. Defendant keeps the option to alter or amend the ground, should there be any agreement produced by claimant,
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