*** discontinued *** Help with claim from Lowell Portfolio please

[AngelWheelz]

Hello, I really could do with some help.

Received a claim? Yes
Issue Date: 8th July 2019
Have you Acknowledged the Claim?: Yes, today 15/7/19 oline.
Total Amount Claimed: £450 Approx.
Claimant’s Name: Lowell Portfolio 1 LTD
Solicitors Firm: Lowell Solicitors Limited
Original Creditor: Eon Energy Solutions.
Original Debt (eg. Credit card/Loan/Overdraft) : Utility

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
1) Supply & Service Agreement with Eon Energy Solutions Limited.
2) The Agreement Later ended but a liability remained outstanding for payment.
3) The agreement was later assigned to the Claimant on 24/5/2018 and notice given to the defendant.
4) Despite repeated requests for payment the sum of £*** remains due and outstanding.

And the Cliament Claims
a) The said sum of £***
b) Intrest pursuant to s69 County Courts Act 1984 at 8% per annum fom the date of assignment to the date of issue, accuring at a daily rate of £0.73, but limited to one year, being £26.69
c) Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I have not spoke to anyone, other than Eon, when I left them due to incorrect billing (not giving me bills)

List any letters you have sent (eg: CCA/ CPR ): working on
1) Write to Claimant to obtain a copy of the credit Agreement
2) Write to Claimant's Solicitor to obtain more information about the claim.
Struggling with second letter.

Any Other Information or Background Details: In June 2014 I moved from supportive living to my own flat, It was a new build so I had to stay with Eon for 2 years as my housing said I had to before I could move energy supplier. I asked because I was not receiving bills from them and needed bills to prove my payments for my assesment of Social care, and what I could aford to pay towards it.

For the first year I received NO Bills, not in post, over email or on my online account, I paid in my money every month. (There was 2 times I failed as was in hospital, but paid in double the following month) I can prove via ban statements I have not missed a payment at all. 2 where late, but all where paid.

At the end of the first year my account online sat with over £1,000 in credit as I was getting no bills and they couldn’t take the money out the account with out a bill, I didn’t fully understand it.

I had a smart meter, that was being not so smart I guess. I got a advocate to help me fight for bills from Eon, who then sent me one bill for the whole year for the exsact amount sat in my account with no break down of what I used or how or when.

I was confused I just moved into my own place after many years being in supportive living I wanted to be independent and felt lost. Now I was being given random bills with estimates based on 2 people living in my home, Me and a live in carer. I still paid my bill every month as planned but I didn’t understand any of the bills as they didn’t have break downs on them, and I only got them when I asked for them and then they had to be spically made for me. So as soon as 2 years was up I moved supplyers. And have had no problems since.

I got a letter from Eon saying I owed them still some money I called them and asked them how, and asked for a break down for over the 2 years I was with them so I could work out how I owe them money if I paid them every month. And I can prove I did via bank statements.

Eon never contacted me again. I hear nothing until this Court letter. The company that taking me to court are writing to the wrong address I have not received anything from them before or I would have told them I don’t owe it and asked for the break down proof.

I have bank statement proof I paid monthly and I am trying to get in contact with the Advocate that helpt me back then so she can be a witness if needed over the messed up billing.

I have filled in the acknowledgment online stating I want to defend all my claim. And I am gathering everything I can.

I have the Template letter to Claimant to Obtain a copy of the Credit Agreement done and hubby is going to get £1 postal order for that as I type. (I got married during all this no bill nonsense to, that’s why I moved into my own home so I could get married)

I am Struggling with the template letter to Claimant's Solicitor's to obtain more information about the claim.

2 main things I need help with that letter is,

1) How do I write what documents I want from them without writing out all there particulars and sounding really dumb.

2) How much do I send them, or do I wait for them to tell me how much it will cost?

Other than all that, is there anything else I have not done? I have spent many days reading everything here to try not to be a Burdon to anyone here and be as independent as possible. But any and all help I would be grateful of. I do not have the money they want, I live of my disability benefits and cannot work. And I do not owe them a penny. They messed me around so badly and now even when I left them they are still messing me around.

Thank you in advance for your help

Kind regards

AngelWheelz


Edited to add anouther question:-
Reading others posts I am now confussed, do I send the

template letter to Claimant to obtain a copy of the credit Agreement to Lowell or to Eon?

Â*

[Amethyst]

Hey xxx

Please don't worry about being a burden - the court process can be a bit complicated and worrying and we are here to help as much as we can.

Firstly I'm afraid you don't need a CCA letter ( So hubby might of had a wasted trip to the post office eek!)
This is because it's a utility bill and not a consumer credit agreement.

You should do the CPR 31.14 letter - I'll give you a hand with that in a bit, you should also do a subject access request letter to eOn - This is the letter…
https://legalbeagles.info/library/gu...ccess-request/
Although if you look on their website usually in their privacy policy quite often now they supply an online form for you to fill-in. This should get you the data from when your account is live and any complaint you made and any data that on hold about you. This will come in useful later when you come to defend the case.

Do you remember when you did last pay or have contact with eOn ? Ahhh 2016 ish

[Amethyst]

Particulars of claim


1) Supply & Service Agreement with Eon Energy Solutions Limited.
2) The Agreement Later ended but a liability remained outstanding for payment.
3) The agreement was later assigned to the Claimant on 24/5/2018 and notice given to the defendant.
4) Despite repeated requests for payment the sum of £*** remains due and outstanding.


so For the purposes of the CPR 31.14 request, They mention a supply and service agreement with EOn ,and a notice of assignment. They also mention the agreement ended with an outstanding liability so you can legitimately ask for a breakdown of the sum claimed and any copy of the final invoice from eOn.

so put in the letter... ( which goes to Lowell's solicitors )

1) The Supply & Service Agreement
2) Notice of Assignment
3) Full breakdown of sum claimed
4) Copy of final bill from EOn showing any outstanding liability.

[Amethyst]

Hmmm can't See subject access request on their website so you'll have to send a letter in the post to…

Eon
Data Protection
Newstead Court,
Little Oak Drive,
Annesley,
Nottinghamshire,
NG15 0DR

There is no fee and you can just ask for everything they hold on you.

[AngelWheelz]

Hello Amethyst,

Thank you so very much for getting back to me. Well seams I was half way on the right path so I will take that as a achievement! I am proud I get that far alone! OK maybe half alone as I needed your help with the points in the letter hehe!

Now I have a £1 postal order for emergency's to hehe!

So answer to your question, I last paid Eon on 17th June 2016 at £81 a month as always did. (plus each year I had the £125 ish warm home discounts that goes in around Feb/March. Straight to them from government I think?)
That was always a issue with them working out my bills as they would never count the warm weather discount in to account when working out how much I needed to pay and they where basing it of estimates not what I actually used.

I have a letter from Eon dated 24th August, saying I still owe them £323.61. Knowing me, I would have called them the day I got the letter. or the first Monday after if I got it on Saturday. I never heard anything since, never got the bills I asked to see. they had my address correct.

Since that call from that letter from Eon I have heard nothing about this owed money so I figured they worked out I didnt really owe them it. Then I got this court claim form, which surprised me a LOT as I have heard nothing in-between from anyone, but looking at address the claim form was sent to, I am lucky I guess that I got the form at all.

OK, so now I have completed the letter to send to Lowell Soclitors, I will go work on the other letter to send to Eon. We tryed to see if we could sign into my old account online but no luck.

Thank you for your help.

Kind Regards
AngelWheelz

[AngelWheelz]

I should have added to post above I left Eon on 16th June and went to EDF

letters are now done, will post them signed for tomorrow, now I guess it’s just a waiting game!

[Amethyst]

Brilliant See what they Respond with but keep an eye on dates your defence is due before 33 days from the date of issue printed on the claim form.

When you left eOn do you remember giving them a final meter reading and the new company a start reading ? It might be worth asking EDF for a copy of your first bill.

[AngelWheelz]

Response from Lowell Solicitors below, came with a copy of a final gas bill dated 9th August 2019. (I have a later dated over due one that I called Eon over to ask for all bills to try work out why)
also came with anouther bit of paper with 2 different letters printed on it (photo copied) one with Lowell address and header one with out. Both magically have my correct address on them
lowell solicitors responded to my letter using the wrong address AGAIN even though I have now provided them with the correct one. See what they said below.


Dear
Account Information
Our Client: Lowell Portfolio I Limited
Lowell Reference Number: *******
Claim Number: *****
Original Company Name: E.on Energy Solutions Limited
Original Account Number: ***********
Current Balance: £****

We are writing to you further to your letter dated 15 July 2019.

This matter relates to a former E.on Energy Solutions Limited account opened on 2 May 2014 for the supply of gas and electricity. The last payment of £81.00 was made on 17 June 2016 and the supply was disconnected on 30 June 2016 due to a change of supply. You are not required to sign an agreement to open an account with E.on Energy and a copy of an agreement will not be provided to you.

Copies of the statement and notice of assignment have been enclosed.

A Claim form was issued to you on 8 July 2019 and you should read this fully and respond to the Claim. If you are admitting to the debt in full and would like to pay by instalments our team are available to complete an admission form with you over the phone. If you are responding in any other way you should do so as directed by the form.

Failure to respond to the Claim may result in a County Court Judgment being entered against you in default.

You can now manage your account, make a payment and set up an arrangement by registering with our website. www.lowellsolicitors.co.uk.

If you wish to speak with a member of our team, please telephone us between 8.00am and 8•.00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334.

Yours sincerely

[AngelWheelz]

Eon update,
the signed for letter I sent has still not arrived. We will re send it today.

Info you requested,
EDF Sending letter with first ever bill, which has start meter readings and start date.

[AngelWheelz]

Couple things I like to ask please

why is it a gas bill when I was supplied gas and electric? Where is the electric part the bill only shows Gas!
this is showing still how messed up my Eon account and billing was.

why is Lowel, refusing to give me a copy of the Eon agreement?

why have the put the amount owed up now! When it hasn’t yet gone to court?

if there is no agreement as Lowell states doesn’t that mean Eon owes me my money back? Lol

[AngelWheelz]

Letter and bil from EDF received

Has ‘true and certified copy’ on top of it.

says they took over on 1st July.

Where do i I go from here?

[AngelWheelz]

Hello Amethyst,
I have done everything you suggested and got back some things but nothing that can help me just more that shows my account with Eon was a mess, for exsample the bill I was sent by Lowell shows only Gas when I had Gas andElectric from them. No real break down just says it was owed in old bills which doesn’t help,

I KNOW I am running out of time, I belive my defence needs to be in by Saturday but I have been so poorly I couldnt cope in the heat lst week it kept setting my epilepsy off. So I have not been able to send a response to Lowell solicitors. I am sending it today I have adjusted the template to say this.

---------------------------------
Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your Response ”You are not required to sign an agreement to open an account with Eon Energy and a copy of an agreement will not be provided to you’

I am afraid I must disagree, your case has the agreement written up as part of your evidence and as such you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.



You have also not provided me with a breakdown of costs. The Eon bill you have provided does not show a true and accurate brake down, given I was being provided with both Gas and electricity, the bill provided does not seem genuine and does not give a breakdown of costs.



Please can you also correct my address on your file and send your correspondence to my correct address that I have been giving you.



I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

I look forward to hearing from you,

Yours sincerely
-----------------------------------------------

I know they may not respond in time before my deadline for my defence. But I cant change fact I have sezuires and I cannt change the weather that caused them. All I can do is hope that will help and in mean time I guess now start putting a defence together with what I already have. which is basssed on the fact Eon never gave me bills which is why I left them.And that I never missed a payment so I can not understand why or how I owe any money to Eon.

Any advice or help here would be gratefully apricated, I think I am panicing because I am tired from the seizures and know I have get this done by Saturday and worried weather is going to keep making me ill. BUT I am stubborn and I WONT let them win.
Thank you for your help

[Amethyst]

Hopefully it will be a bit cooler this week for you xx

That letter sounds ok, you should add to it that you will be filing your defence on Friday should you not hear from them by that date regards extension and give them a deadline of Thursday 4pm to respond regards the extension - then you should be covered.

actually, let me rewrite so it's not confusing - 5 mins ...

for ref 15.5 is http://www.justice.gov.uk/courts/pro...es/part15#15.5

[Amethyst]

Sirs,

Thank you for your response to my request for disclosure of documents mentioned in your statement of case pursuant to CPR 31.14

With regards to your response "You are not required to sign an agreement to open account with EOn energy and a copy of the agreement will not be provided to you" I am afraid I must disagree.

Your statement of case relies on a "supply and service agreement" between myself and EOn energy solutions Ltd and that such agreement was assigned to you on the 24th May 2018. Therefore it is expected that you will provide a copy of said agreement and Associated terms and conditions.

You have also failed to provide a full breakdown of the amount you are claiming. The copy bill that you have sent me does not show a true and accurate breakdown of the alleged outstanding debt. It provides only for gas service and not electricity service and as I recall the account was for dual fuel.

The account with eOn was in dispute due to billing and service errors throughout the period of the alleged agreement and therefore I have sent a subject access request to eOn to find out more details. For the avoidance of doubt it is denied that there was any outstanding balance owed to eOn.

I understand it may take you some time to acquire the relevant information and therefore I'm willing to agree an extension of time for me to find my defence pursuant to CPR 15.5. This extension can be no longer than 30 days after the date my defence is due to be filed and you should notify me your agreement in writing so that I may notify the court. You should ensure I receive your agreement to an extension before 4 pm on Thursday 1st August 2019. You may notify me of this by email at XXXXXXXXXXX.

In addition I would further bring to your attention my change of address and request that any further documentation is sent to the new address which I have previously notified you of and from which I send this letter.

I look forward to hearing from you by return.

Kind regards…

[AngelWheelz]

Amethyst, Thank you thank you thank you!!!!

I just called Hubby to stop him posting the other letter, He just handed it over to the post office lady but we got it back so no worrys I have edited and printed the new letter and will get it in a envelope soon as Hubby home to pick it of the floor for me LOL then I will send him back out with this new letter!

I also called the court regarding Reasonable adjustments, as in what can be done for me to attend any court or tribunal if needed. She advised me a lot on how to inform my local court of my disability needs when the time comes. She also told me not to worry if I still do not get any more information from the climate as I can put in my defence that I am still awaiting there response and for them to provide the documentation and I can add them to the defence later, which to me seamed funny because I am not convinced I will ever get them to add to it later LOL

I changed one tiny detail in your letter above, I changed New address to Correct Address. As I haven't moved they are just writing to the wrong address.

Thank you again for everything your doing to help me. I really really apricate it.

angelWheelz