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

[AngelWheelz]

OK, letter sent, special delivery, signed for, garneted delivery by 1pm tomorrow, did same for Eon to as still no response. have all recites from posting all letters and proof of previous letters posting to Eon but them not getting them. All is trackable!
now to wait a bit more I guess.

[Amethyst]

Cool Well done, the main point was that the maximum extension is 30 days and not 14 days from when they provide you with the documents… Really you don't want them to provide the documents you want to go to court without any evidence so that you win ;-)

[AngelWheelz]

Email response from Lowell......


Dear *******

Client Name: Lowell Portfolio I Ltd
Our Reference: ********
Balance: £******

We write in regards to the above matter and confirm receipt of your recent letter.

Please note that as the account relates to a service agreement no formal contract is signed. You instead enter into a deemed contract and this commences once you start using the services provided by E.on. As per our previous letter, we are unable to provide you with a copy of the agreement.

With regards to the final bill previously provided to you, we have requested for further information from our client. We are unable to control the timeframe in which it takes for this response to be provided, but once in receipt it will be provided promptly.

We note that you have requested a Data Subject Access Request from E.on directly and we ask that you keep us updated with their response.

As you are aware you are required to respond to the Claim form where you deem appropriate within the timeframe set out by the Court. Failure to do so may result in a County Court Judgment in Default being entered against you, incurring further costs to the account balance.

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. Alternatively, you can now register online at www.lowellsolicitors.co.uk to view your transaction history, use our helpful Budget Calculator and make payments including setting up a Direct Debit plan.

Yours sincerely,

Lowell Solicitors

[AngelWheelz]

Dear Amethyst,

uodated from Lowell Soclitors is above that I received via a email.
update from Eon, they have received my second letter, as yet no response.

so I guess I now put a defence together based on the fact Lowell want me to provide them with there own evidence? Seen as they are asking me for it when I get it from Eon?

Now to go looking for info on writing a defence.

Again any help will be grateful, I will go make start on a defence.

Angelwheelz

[Amethyst]

If you do a draft and post up we can help xxx Nice of them to refuse an extension.

Dont get bogged down with legal stuff - put in wrong address, not heard from EOn since xxxx, account was disputed, copy bill you've received from claimant means nothing to you and doesn't appear to be correct as you'd had dual fuel bills etc and say what info is still required ( agreement, calculations of bill etc )

[AngelWheelz]

Hello Amethyst,

thank you for that info to get me started. I was starting to panic looking around for info. It’s just dawned on me they are actually going to expect me to be able to physically talk in court! I doubt them or judge will understand a word I say due to my disabilities when I am nervous my speech is awful.
Right, getting on laptop to start my defence! Thank you so so so much for all your help I really appreciate it.
kind regards
angelwheelz

[AngelWheelz]

Here is what I have so far

number 4 has me totally baffled as to do I admit or not admit. as I NEVER went into a agreement with Lowell.
Also do I add I can prove I never missed a payment? I have copy's of all my monthly bank statements through that 2 year period. showing every payment to Eon.
I am really really tired now, I am going rest then come back re read and chek it.
feel free to attack it beat it up, re word it, remove things and make it wound better I am not very good at these things, I used the templated to get me started.

----------------------------------------------------

DEFENCE

1. The Defendant received the claim XXXXX from the Northampton County Court on 09/07/2019



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 a utility bill agreement regulated under the Consumer Credit Act 1974.

[FONT="&amp] [/FONT]

4. It is [admitted/denied] that the Defendant has previously entered into an agreement with Original Creditor Eon Energy Solutions Limited and Claimant Lowell Portfolio I Ltd for provision of credit.



5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.



6. The Claimants statement of case states that the account was assigned from Eon Energy Solutions Limited to Lowell Portfolio I Ltd on 24/5/18. The defendant does not recall receiving the notice of this assignment.



7. On the 15/9/19 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor, Lowell Solicitors Limited. I requested the Claimant provide copies of :

a) The Supply & Service Agreement

b) Notice of Assignment

c) Full breakdown of sum claimed

d) Copy of final bill from Eon showing any outstanding liability.



8. Defendant gave Claimant & Claimant’s Solicitor correct billing address, however, Claimant continued to send mail to the incorrect address.



9. Defendant has had previous dealings with the claimant, trying to claim a mobile phone bill was the defendants. However the defendant cannot physically hold a mobile phone bill. Showing Claimant had full knowledge of Claimants correct mailing address. Past correspondence for this can be provided.



10. Claimant’s Solicitor; Lowell Solicitors Limited has not sent all of these documents to the Defendant. In particular, the Claimant has failed to send:

a) The Supply & Service Agreement

b) Full breakdown of sum claimed

c) Copy of final bill from Eon showing any outstanding liability.



11. Claimant’s Solicitor; Lowell Solicitors Limited sent a copy/printed letters, they claim are the notice of assignment. These could have easily been printed with anyone’s name on at any time.



12. Claimant’s Solicitor; Lowell Solicitors Limited sent a copy of a bill from Eon Energy Solutions Limited. This bill seams fake, this is not a bill the defendant would have ever received from Eon Energy Solutions Limited. The defendant does not recognise this bill. This bill is for Gas only. The defendant received Duel full from Eon. A true Bill from Eon Energy Solutions Limited would have shown a breakdown of Gas and electricity.



13. Claimant’s Solicitor; Lowell Solicitors Limited refused to send Defendant a copy of The Supply & Service Agreement.



14. Defendant contacted Claimant’s Solicitor; Lowell Solicitors Limited a second time on 28/7/19 again requesting a copy of The Supply & Service Agreement. Claimant’s Solicitor; Lowell Solicitors Limited again refused.



15. Defendant has not heard from Eon Energy Solutions Limited since 24/9/16 when receiving a final bill which defendant contacted Eon to dispute, due to ongoing billing issues.



16. The Defendant Left Eon Energy solutions due to billing and service errors throughout the period of the alleged agreement with Eon Energy Solutions Limited.



17. The Defendant has sent 2 subject access requests to Eon Energy solutions. On 16/7/19 & 29/7/19.



18. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.



19. 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.

16. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

a) The Supply & Service Agreement

b) Full breakdown of sum claimed

c) Copy of final bill from Eon showing any outstanding liability.



20. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.



21. It is denied that the Claimant is entitled to the relief as claimed or at all.



Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

[Amethyst]

Excellent.

4 you can leave out entirely

not sure what you're trying to say in para 9? "cannot physically hold a mobile phone bill. " sorry

if you let me know that I'll have an edit for you xxx

[AngelWheelz]

Before I go for a nap, I have a question, I dont know where I would put this.
I know when it gets assigned to a court I can call the court to ask for the adjustments I need, IE wheelchair acsses, time and patients with my speech etc.
BUT, for me to even leave the home to go to court I am going to have to pay for carers. Who pays for that? am I going to have to find the money for that? My hubby can help me with some things but we will need an extra pair of hands. I ask now in case its something I need to add to my defence.

[AngelWheelz]

Excellent.

4 you can leave out entirely

not sure what you're trying to say in para 9? "cannot physically hold a mobile phone bill. " sorry

if you let me know that I'll have an edit for you xxx

Ment to say Mobile phone device, not Bill. sorry I added it towards the end and am getting tired so words get muddled.
They tryed to claim I had a mobile phone bill with T mobile and I cant even use a mobile phone, I just cant physically hold them. If you look at my picture I have a frame to hold my Ipad as I would drop that to, so no chance with a mobile phone.

[Amethyst]

Okay - though it might be that - let me have an edit and I'll post back up for you in a bit xxx

[Amethyst]

Here try this....shout if I have got anything muddled up xxx



DEFENCE

1. The Defendant received the claim XXXXX from the Northampton County Court on 09/07/2019.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. The claim was issued to an incorrect address. The Defendant has given the Claimant their correct address previously however the Claimant continues to send mail to XXXX rather than XXXX address. The Defendant is concerned that this address fault may be directly related to the Claimants claim.

4: Prior to this claim the Defendant successfully defended a claim from the Claimant regarding a Mobile Telephone account. This was because the Defendant had never held a mobile phone account with the company concerned. The Defendant lives with a disability and is unable to use a mobile telephone device.

5.The Defendant is vulnerable and requires reasonable adjustments in dealing with suppliers and creditors and will require assistance in this claim going forward, particularly should it result in a hearing.

6. The claim in this case appears to be for an alleged outstanding debt for a supply and service agreement between Eon Energy Solutions Limited and the Defendant.

7: The Defendant has had Gas and Electric services from Eon Energy Solutions Limited in the past however it is denied any debt is owed.

8: During the period the Defendant had services provided by Eon Energy Solutions Limited there were constant errors in billing and the account was in dispute. So far as is recalled, the Defendant remained with Eon for 2 years and their was no outstanding balance when the Defendant left Eon for another Utility provider and did not hear from Eon since

24/9/16

until receipt of the claim in this case. Should the claimed sum include a termination figure then the Agreement is required to confirm whether this was allowed to be charged.

9. The Claimants statement of case states that the account was assigned from Eon Energy Solutions Limited to Lowell Portfolio I Ltd on 24/05/18. The defendant does not recall receiving the notice of this assignment.

10. On the 15/09/19 The Defendant sent a request for inspection of documents mentioned in the Claimant'’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. The Defendant requested the Claimant provide copies of :

a) The Supply & Service Agreement

b) Notice of Assignment

c) Full breakdown of sum claimed

d) Copy of final bill from Eon showing any outstanding liability.



11. The Claimant’s Solicitor; Lowell Solicitors Limited has not sent all of these documents to the Defendant. In particular, they have failed to send;

a) The Supply & Service Agreement

b) Full breakdown of sum claimed

c) Copy of final bill from Eon showing any outstanding liability.



12. The Claimants Solicitor sent an alleged copy of a bill from Eon Energy Solutions Limited. This is not a bill the Defendant would have ever received from Eon Energy Solutions Limited as the Defendant received Duel Fuel ( Gas and Electricity on one account) from Eon. Previous bills received from Eon Energy Solutions Limited would have shown a breakdown of Gas and Electricity. It is denied that the bill provided by the Claimant was ever sent to the Defendant by Eon.

13. The Defendant has sent 2 subject access requests to Eon Energy solutions Limited to obtain information and data held by them relating to the Defendant. These formal requests were sent on 16/7/19 & 29/7/19 and the Defendant awaits a response.

14. The Defendant has asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined, despite asking the Defendant to provide copies of anything received from Eon under the Subject Access Request to themselves, and being unable to provide a copy of the agreement or a true breakdown of the amount being claimed.

15. 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.

16. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

a) The Supply & Service Agreement

b) Full breakdown of sum claimed

c) Copy of final bill from Eon showing any outstanding liability.


17. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment. Currently the Defendant considers that the claim may be based on a billing or address error made by Eon and denies any outstanding debt was owed to Eon.

18. It is denied that the Claimant is entitled to the relief as claimed or at all.



Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

[Amethyst]

Before I go for a nap, I have a question, I dont know where I would put this.
I know when it gets assigned to a court I can call the court to ask for the adjustments I need, IE wheelchair acsses, time and patients with my speech etc.
BUT, for me to even leave the home to go to court I am going to have to pay for carers. Who pays for that? am I going to have to find the money for that? My hubby can help me with some things but we will need an extra pair of hands. I ask now in case its something I need to add to my defence.

This will go into your directions questionnaire which comes after you have filed your defence. I've added a very brief mention to the defence above.

[AngelWheelz]

Hello Amethyst,
Thank you so so very much for all your help, I feel like thank you is so not enough to say. Lots of hugs !

My hubby fixed up the defence, the way you wrote it whilst I was taking a nap!

Ok so next step, I print, sign and scan to send in via the website. Do I need to send anything else with it?

Do I send all my evidence? Ie bank statements, post letter riceites, solicitors letters I got from Lowell refusing to give me stuff? Or I keep them in my folder till Court day?

kind regards
Angelwheelz

[AngelWheelz]

Cool Well done, the main point was that the maximum extension is 30 days and not 14 days from when they provide you with the documents… Really you don't want them to provide the documents you want to go to court without any evidence so that you win ;-)

I just see this now, sorry I missed it.
so Eon not actually posting stuff is not bad thing. It good thing. I think I understand. My head was stuck on showing truth. I not think Ed that I may not even have stress of that cause Lowell have nothing to really take me Court with? I think that’s what you mean?