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

[Amethyst]

Yes that's pretty much it You dispute the claim and they have to evidence their claim, if they can't ( so far it does seem like they can't ) then you SHOULD win the case - the hope really is that they realise this and discontinue, but they might need a nudge to do so. We'll have a better ides once you get the SAR back from Eon.

For now get your defence filed and then see if they let the case get stayed or carry on with it. No evidence needs filing with the defence at this point... are you going to enter it on moneyclaim online or on paper ?

[AngelWheelz]

I am going to do it online, just had a fight all day with the scanner yesterday but hubby thinks he can make it I can sign it on the laptop it’s self. If not I will send him out to find a scanner lol I want it in today as it’s either today or tomorrow is day has be in by. Dates confuse me. Hubby thinks it’s Sunday. But I want to get it done by end of today.

[Amethyst]

You acknowledged the claim so your defence deadline is 28 days plus service (5 days allowed).... which takes you to Saturday 10th August - so you're both wrong That's based on the issue date printed on the claim being 8th July 2019 as per your first post ? Still get it in but don't rush it and panic to do it -… Monday / Tuesday will be absolutely fine.

[AngelWheelz]

on the online form now sumitting it all, yes it was 6th July on claim form for issue

The form says to sign and print name, we can sign but it wont let me print name. I thought it was my laptop as I have a lot of adapted things on it and it doesnt work with some things but hubby just tryed it in 3 diffrent browsers for me and it wont let him type my name for me. its signed just not name typed. He tryed using, Edge, Crome and I use internet Exsplorer so all 3 wont let us type my name only allow us to sign.

Also found out I didnt need to scan document LOL

[AngelWheelz]

Worked it out!!!
Its all in and set and done!!!
now the waiting game starts again I guess!!!

Good to know we did have more time, but I would rather get it in earlier than later.
I can not thank you enough for all you help. *hugs*
Angelwheelz

[Amethyst]

Well done xxx Just a wait and see if the claimant decides to progress for now then - let us know soon as you hear anything

[AngelWheelz]

Hello Amethyst,

I got a letter from Lowell Solicitors saying the following...


Dear Xxxxx
We refer to the matter detailed at the side of this page.
Please find enclosed a copy of the Directions Questionnaire which we have now sent to the Court.
We have agreed to mediation in our Directions Questionnaire which may result in settlement. If you agree to mediation, please ensure you tick the "yes" box in part Al of your own Directions Questionnaire.
If you would like to settle this matter directly, our client invites you to put forward an affordable settlement to us either as a single payment or by instalments,An agreed settlement would avoid a hearing or judgment and also the associated costs being added to your debt.
We recommend that you obtain independent legal advice in order to fully understand your rights in relation to this claim. You can instruct a solicitor of your choice or obtain free legal advice from a Citizens' Advice Bureau or other legal advice centre.
Please call 0113 335 3343 if you have any queries or any proposals for settlement
Yours sincerely

—————————

with this letter i got copy of Directions Questionaire.
have not yet heard from the court and no update on website regarding a response from Lowell Solicitors

i take it I wait to hear from the court?
Thanks for your hekp
AngelWheelz

[AngelWheelz]

Oh, and they STILL send it to wrong address!

[Amethyst]

Typical. Have you told the court of your correct address? Lowell always send the directions questionnaire early, so you want to wait for a copy and instructions for your directions questionnaire from the court… If you haven't heard anything within a couple of weeks give the court a call to check.

[AngelWheelz]

Hello Amethyst,

yes i I made sure all Court stuff had my correct address on it. The Court always Wright to the correct addres.
i got letter from the court today. With the questionnaire tibfill out must get it back by 21st September.

also have loads stuff from Eon including proof there was lots issue with my account. I now found out why they couldn’t bill me that first year at all. It says my account was unbillable. The smart meters where not so smart. They didn’t talk to each other. But I have all evidence to show my account was a mess.

on this Court questionair it says do I agree small claims court is the right court for this case?
do I tick yes or no!
i don’t agree it should be going to court at all.

Hearing venue? I take it I need find my local wheelchair acssesible Court?

thank you fr your help and I hope you are well
kind reagrds
Angelwheelz

[AngelWheelz]

Hello Amethyst ,

i just get email from court about meditation. And I ma confused by it.

it says this

Please read the following 2 statements:
1. For mediation to be successful you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility. Can you agree to this?
2. Can you confirm that you have enough information about the claim to allow you to enter into negotiations and that you do not require any further evidence from the other party before you can mediate

Mediation is only available to you if you can answer YES to both statements above. If you cannot answer YES to both statements, mediation is NOT suitable for your case.

————

i guess i cant do it? As I can’t agree to meditation as I dint have enough info on the claim and I won’t agree to pay anything as I don’t owe anything.

it says I have to call them, but I am worried they won’t unders my speech, hopefully they will allow my husband to help me with talking.

any advice here apriciated.
kind regards
Angelwheelz

[Amethyst]

As you haven't had any documents and simply don't have anything to negotiate as you are denying the entire claim you can say no to both the questions. You should be able to reply to the email to inform them that you do not feel the case is suitable for mediation due to the lack of information provided by the claimant.

[AngelWheelz]

Hello Amethyst,

I called the meditation people, they where so so nice. They allowed my husband to help me communicate and tryed say it was their fault as was faulty line so couldn’t hear me. Which it wasn’t they where being polite.
the man there said they couldn’t take it on as I couldn’t say yes to the questions as I haven’t received the paperwork from Lowell lawyers.

now I have letter from judge
basically saying we have send to the court and each other the paperwork that we wish to use in court and that the judge believes this matter can still be settled in meditation.

so I am getting all paperwork together, I have A LOT thanks to Eon sending me everything.

i have now recived Lowell layers stuff for court, it’s only what I already have. Still no contract and still the separate gas bill.
in there attached letter they said the following
———————————————————————————

We write to you in regards to the above matter.
Please see enclosed a further copy of the final bill from Eon and Notices of Assignment.
Our client has been advised by Eon that the gas and electricity bill were produced separately and that as they had an actual reading for gas and estimated for the electricity.

Based on the above, our client maintains that the debt remains due and outstanding and now invites you to contact us to settle this account and avoid proceeding to a hearing which will incur further costs.
Should you be unclear of the above, please seek independent legal advice.


———————————————————————

allnthe bills provided to me by Eon from my request for my files are due bill just like ones I have found around much home.

so I am getting all paperwork together, including the paperwork from Eon stating that may account was ‘unbillable’ and in A ‘state of error’ for a whole year. Plus the first bill which covered a whole year (duel, gas and electricity) the bill is a mess of a couple days here and there and no way to even follow how they worked out that years bill.

so now I have to put a cover letter to Lowell lawyers with this huge amount of paperwork I have.
how do I do this letter? Can I now ask them to drop the case bassed on the fact they still can not provide me with a correct end bill and can not provide me with the contract both of which they are relying on for court?

if it help you any I am happy to scan or send any and all documents I have.

kind regards
angelwheels

[Amethyst]

Gosh well, it's going to be a job to sort out - could you do a pic of the letter that EON sent saying that things were buggered up, and the bill that Lowell are relying on... and then we can go from there. Well done for sorting out the mediation thing

It will be a case of getting everything in date order and then writing about what happened with EoN in date order, to show that the billing was wrong and nothing was owed. But if you can send me those couple bits first it'll give me a better idea where to start xx

Remember Lowell just purchased the debt off of EoN. In the purchase agreement EoN would have declared there were no issues with the debts or they'd have to take them back and refund Lowell. Lowell know sod all about what went on with EoN, so we have to show them, and the judge, in as straightforward way as possible.

[AngelWheelz]

Hello Amethyst,

this has taken me ages to get through all this paperwork, being ill has not helped.

there is so much, I am going out up what I think is most relevant to the case in separate reply’s here.

starting with what Lowell has sent me for there court papers.