Lowell Solicitor Court Claim for EDF’s alleged debt

[Bash0077]

Particulars of claim:
Defendant entered into supply and seevice agreement with edf under account 73637

2. Agreement later ended but liability remained outstanding for payment

3. Agreement was later assigned to claimenat on October 2017 and notice given to defendant

4. Despite several request the same of £1500 remained unpaid

5. And the claimant claims

a) the sum of £1500

b) interest

c) cost

[R0b]

1. It is denied, for the reasons set out in this Defence, that the Claimant is entitled to the sums alleged or at all.

2. The Defendant is a tenant of the property [full address & postcode] pursuant to a tenancy agreement between the Defendant and [name of landlord] (the "Landlord") dated [insert date]. At all material times, it was an express term of the agreement that the Defendant agreed to pay to the Landlord the sum of [insert amount] which was inclusive of rent and all other costs including utilities.

3. In the circumstances, the Defendant could not, and did not, enter into an agreement with EDF for the supply of service and the Claimant is put to strict proof thereof. Further and alternatively, the Defendant contends that the Landlord notified EDF without the knowledge and consent of the Defendant, that the supply of service should be in the Defendant's name, contrary to the terms tenancy agreement.

4. Further to the above, the Defendant has made repeated requests for documentation as evidence that the Defendant had agreed to enter into a contract with EDF. Despite such requests, no such evidence has been forthcoming and it is the Defendant's contention that the Claimant has deliberately ignored those requests in favour of pursuing a course of commencing legal proceedings. By wilfully ignoring the Defendant's request for information and continuing its action without investigation, the Claimant has pursued a course of conduct that is wholly unjustified and amounts to harassment.

5. As to the Claimant's allegation that a notice of assignment was served on the Defendant, it is denied that said notice was ever given and the Claimant is required to prove that the notice was validly served.

6. For these reasons, it is denied that the Claimant is entitled to relief as claimed or at all.

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There you go, you might need to tweak or amend as necessary. I've inserted the reference to harassment to beef up your argument that Lowell are deliberately pursuing without investigating your claims. That leaves open the possibility of you counterclaiming for harassment if you so wish and there's recent case law suggesting that unjustified threats or legal action and/or claims could amount to harassment.

Of course if you want to counterclaim then you will need to pay for it. If I recall it's £25 for anything up to £300 compensation.

[Bash0077]

I really appreciate your input - heads off to you.... I have now submitted my defense with little amendment.

[MIKE770]

similar to British gas took things for granted when I moved in bought property, they even recorded events on credit report even so I was with another company, and previous owner had died 18 months before and was in a home before that, they tend to take things for granted, =

[Bash0077]

Respected rob and MIKE770 rob

I have now received a letter from Lowell which says they have submitted to court for mediation.
what should i do now? Should click on yes for mediation or should i go to court

[Bash0077]

rob i am highly in need of your valuable input

[Amethyst]

Tick yes to mediation - you can always decline later and you're under no obligation to agree anything but it is better to show willing. However if you've received a copy of the N180 from Lowell and not from the court you should wait for the court to ask you to file & serve the directions questionnaire because Lowell often send theirs without having submitted it to the court.

When tagging R0b he has a zero rather than an o in his username ... he's not just ignoring you xxx

[R0b]

Nothing further to add than what Amethyst has already said.