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

[AngelWheelz]

There is so much of the other stuff it’s going be easyer to scan and upload a pdf somewhere for you to look at it,

I tryed taking pictures and I keep getting message saying pictures to big. Hubby scanning them now.
will be back

[AngelWheelz]

Sent you PM with link to all documents as was easyer and because has personal information in it.
will work on letter tomorrow and pop up here

thank you
kind regards
AngelWheelz

[AngelWheelz]

Dear Sirs,
Claim Number:

I write to you in regards to the legal Claim above
I would like to again bring to your attention that 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.


I would also like to again bring to your attention that you have 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. I provide you Evidence that my account was always dual fuel and the bill you have sent me is not one I recognise nor will I accept. My bills where always Duel fuel as you can see.


I Left Eon because there was constant billing issue. I did not receive a bill from them for the first year. I am providing you with the evidence of this. You will see that my acount was classed as ‘In error’ and ‘unbillable’ during most of my time with them.

I finally received a bill on DATE for the first year of Eon providing me with both electric and Gas, you will also note that it was a duel bill. Not a single gas bill. This bill was an estimated bill, even though I had a newly built home with a smart meter. Due to the errors in billing and the acrosy I was promised form a smart meter, the amount that was claimed owed at the end of that year was wiped clear by Eon as a good will gesture for the inconvinace they had coursed me.

If my home had not just been newly built I would have moved suppliers at this point. However this was not possible for me to do. I had to stay with them for 2 years before I could change suppliers due to an agreement between them, the building contractors and my housing asstianion. The second and final year I received the odd bill but not regular bills. All where in credit. And all where duel bills of Gas and Electric. Some of these bills I am providing you with to prove to you that my bills where always duel bills. So the bill you have provided me cannot and is not mine. I do not recognise that bill. I never had single bills. It was a Duel bill.

I am also providing you with my bank statements to show I never missed a payment, other than one payment, that I withdrew the direct payment for due to an issue I had with Eon, this was then paid the following month with my normal monthly bill.

I left Eon because of their inability to send correct and regular bills. I have provided you proof of this and proof that they themselves admit my acount was unbillable and in Error on their part. I left Eon having paid them £81 every month for 2 years even though I was not getting bills to know what my money was paying for.

I am asking you to drop this case, or I will have to ask the judge to have it removed from court based on the fact you have not and are refusing to provide me with the paperwork that you are basing your case on. There is no money owed, there for there is no case to take to court.

The judge has said this case is able to go to meditation but I am unable to agree to the meditation based on the fact I do not have the paperwork you Base your case on and I do not owe any money to Eon. There is no case here and it should now be removed from the court system and dropped imidetly.

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

I look forward to hearing from you by return.

Kind regards

[AngelWheelz]

I have edited my letter and got the statements done

Dear Sirs,
Claim Number:

I write to you in regards to the legal Claim above

I would like to again bring to your attention that 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.


I would also like to again bring to your attention that you have 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. I provide you Evidence that my account was always dual fuel and the bill you have sent me is not one I recognise nor will I accept. My bills were always Dual fuel as you can see. (Evidence C)


I Left Eon because there was constant billing issue. I did not receive a bill from them for the first year. I am providing you with the evidence of this. You will see that my acount was classed as ‘In error’ and ‘unbillable’ during most of my time with them. (Evidence B & D)

I finally received a bill on 15th May 2015 for the first year of Eon providing me with both electric and Gas, you will also note that it was a dual bill. Not a single gas bill. This bill was an estimated bill, even though I had a newly built home with a smart meter. Due to the errors in billing and the accuracy I was promised form a smart meter, the amount that was claimed owed at the end of that year was wiped clear by Eon as a good will gesture for the inconvenience they had caused me. (Evidence D)

If my home had not just been newly built I would have moved suppliers at this point. However this was not possible for me to do. I had to stay with them for 2 years before I could change suppliers due to an agreement between them, the building contractors and my housing association. The second and final year I received the odd bill but not regular bills. All were in credit. And all were dual bills of Gas and Electric. I am providing you with some of my old bills, to prove to you that my bills were always dual bills. So the bill you have provided me cannot and is not mine. I do not recognise that bill. I never had single bills. It was a Dual bill. (Evidence C)

I am also providing you with my bank statements to show I never missed a payment, other than one payment, that I withdrew the direct payment for due to an issue I had with Eon, this was then paid the following month with my normal monthly bill. (Evidence A)



I left Eon because of their inability to send correct and regular bills. I have provided you proof of this and proof that they themselves admit my acount was ‘unbillable’ and ‘in Error’ on their part. I left Eon having paid them £81 every month for 2 years even though I was not getting bills to know what my money was paying for. (Evidence A)

I am asking you to drop this case, or I will have to ask the judge to have it removed from court based on the fact you have not and are refusing to provide me with the paperwork that you are basing your case on. In particular,

1. "supply and service agreement" between myself and Eon energy solutions Ltd
2. A correct and Accurate Bill. (Dual not single) with a breakdown of charges.

There is no money owed, there for there is no case to take to court.

The judge has said this case is able to go to meditation but I am unable to agree to the meditation based on the fact I do not have the paperwork you base your case on and I do not owe any money to Eon. There is no case here and it should now be removed from the court system and dropped immediately.

In addition I would further bring to your attention again my correct address and request that any further documentation is sent to the correct address which I have previously notified you of many time and from which I send this letter. (Evidence F)

Please also take note, due to family sickness I will be out of the UK between 12th November 2019, returning 28th November 2019. However I will still be contactable via Email at ********** if you need contact with me in-between.

I make it very clear, I have no intention of paying, as I know I do not owe anything to Eon and I can prove I do not.

You however have failed to provide any proof that I owe anything to Eon, you have only proved you brought something from Eon. That doesn’t have anything to do with me. I hope to now be hearing from you that you will now be dropping this case, and that you will ask your client to stop harassing me as a disabled and vulnerable person, They have already accused me in the past of owing a Mobile phone bill that I could not have owed as I cannot physically hold a mobile phone due to my disabilitys. (Evidence E)

I look forward to hearing from you.

Kind regards

[AngelWheelz]

Whitness statement

Claim No:

BETWEEN:
Lowell Portfolio I Ltd
Claimant
- vs –
Miss
Defendant
-------------------------------------------------
WITNESS STATEMENT OF NAME
-------------------------------------------------

I **** being a witness to this case will state the following.

1. I NAME of ADDRESS. Make this statement in support of the Defendant, Miss
2. I have know MISS for 15 years, I have lived with her for 4 years 6 months approx.
3. I moved from the United States in September of 2015. To move in with my wife MISS There was already an ongoing billing issue with Eon.
4. My wife MISS was having the assistance of her advocate, DU from Circle Housing. MISS had been and continued to contact Eon with the assistance of Debbie to try and get an answer as to why her Eon account was going on many months without any bills being taken out from the credit on her account.
5. I watched several times as the advocate Debbie contacted Eon on MISS’s behalf to try and get a resolution to the problem. Watching several calls where the only answer was the same answer that it was classed as unbillable.
6. MISS had moved into her (now our) flat a year before, moving from supportive living to independent living. During the processes of trying to get a bill from Eon, they wanted to change her tariff as she had reached the end of her first year. Stacey found this extremely stressful and confusing as she had not received any bills from Eon and was still waiting for her very first bill over a year later. This made it very difficult for MISS to pick a new tariff and for her to understand about Tariffs. As her first year of living independently she had received no bills to be able to compare her Electric and gas usage with.
7. An answer finally came over a year of ongoing status of unbillable. Eon was able to generate a bill from the date that the service started in the flat. This first bill that was generated was not based on actual meter readings, but based on some form of estimate. MISS, DU and myself tried to make sense out of the bill that was generated but since it was based on estimated use, we were unable to. MISS has a smart meter installed in her flat before she moved in and there should not have been any estimated bills.
8. DU again tried to contact Eon on MISS’s behalf to get Eon to try and explain the bill to us. Eon agreed since they were unable to explain the estimates and the ongoing problems with the account, they would wipe the account of any further charges. To this day we have no way to be able to tell if MISS was overcharged or undercharged. However, the Account was cleared of all claimed owed money.
9. Due to the time it took for MISS’s account to be fixed, it made it so MISS was stuck with a new tariff which she was unable to switch to a different supplier for a further year.
10. I assisted MISS in picking and changing the supplier the following year. Our new supplier EDF upon switching supplied Eon with the meter readings at the time.
11. The only post we received from Eon was in regards to saying they were sorry we were leaving them. No further post was received from Eon until MISS received a notice that the last bill was overdue and asking for payment. MISS called Eon to enquire how there was a last bill as she was paid up with all of her direct debits, Eon on the phone could not give any answer telling her they would look into it and get back to MISS. No further contact took place from the phone call till the point where MISS receive a letter from Lowell a couple years later saying they would be taking her to court.
12. MISS was supported by a team of advocates, carers, social workers and many other people at the time of all this happening as she was transitioning from living in supported living with other disabled adults to living independently alone for the first year in the flat before I moved in with her.

Statement of Truth

I, NAME, the witness, belive the facts stated within this witness statement to be true.

Signed:


Dated:

[AngelWheelz]

Claim No:

BETWEEN:
Lowell Portfolio I Ltd
Claimant
- vs –
ME
Defendant
-------------------------------------------------
WITNESS STATEMENT OF ME
-------------------------------------------------

I Stacey Green being the defendant in this case will state the following.

1. I ME, of ADDRESS. Make this statement in support of my defence in the claim.
2. I received the claim **** from the Northampton County Court on 09/07/2019
3. Each and every allegation in the Claimants statement of case is denied
4. The claim was issued to an incorrect address. I have given the Claimant my correct address previously a couple of times. However the Claimant continues to send mail to (incorrent adrress) rather than (coreect address) address. I am concerned that this address fault may be directly related to the Claimants claim. These are 2 separate addresses. (Please see evidence pack F)
5. This is not the first time I have had to defend a claim from the Claimant. Previously I have had to defend a claim regarding a Mobile Telephone account. I had never held a mobile phone account with the company concerned or any company due to the fact I live with disabilities and am unable to use a mobile telephone device. (Please see evidence pack E)
6. I am severely disabled and 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.
7. I had an advocate, Debbie Underwood, from Circle housing assisting me with my bills during the time of this alleged unpaid bill. As well as a lot of support from care givers, social workers and other services to help me live independently and safely alone before my husband moved in.
8. 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 myself.
9. I had Gas and Electric services from Eon Energy Solutions Limited in the past however it is denied any debt is owed. I paid Eon Energy £81 per month and they received a yearly grant from the government towards my bill due to my disability. (Please see evidence pack A)
10. During the period I had services provided by Eon Energy Solutions Limited there were constant errors in billing and the account was in dispute. I believe I remained with Eon for 2 years and there was no outstanding balance when I left Eon for another Utility provider and did not hear from Eon since 24/9/16 until receipt of the claim in this case.
11. 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. I do not recall receiving the notice of this assignment until after court proceedings had started.
12. On the 15/07/19 I 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. I requested the Claimant provide copies of:
    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.
13. I received a reply from the Claimants Solicitor on 22/7/2019 stating ‘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.’ (Please see evidence pack G)
14. I responded to the letter from the claimant’s solicitor, on 28/7/2019 reminding them that their statement of case relies on this very agreement, and as such, I was entitled to see it. As well as again requesting a copy of the final bill.
15. The Claimant’s Solicitor; Lowell Solicitors Limited has still not sent all of these documents to me, even after I requested 28/7/19 them again on. In particular, they have failed to send;
    1. The Supply & Service Agreement
    2. Full breakdown of sum claimed
    3. Copy of final bill from Eon showing any outstanding liability.
16. I received an alleged copy of a bill that looks like it is from Eon Energy Solutions Limited, which was given to me by The Claimants Solicitor. This is not a bill I would have ever received from Eon Energy Solutions Limited as I always received Dual Fuel (Gas and Electricity on one account) from Eon.
17. Previous bills I 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 me by Eon. (Please see evidence pack C of Bills I use to receive from Eon Energy Solutions Limited) these bills are very different to the ones provided to me by The Claimants Solicitor.
18. I sent 2 subject access requests to Eon Energy solutions Limited to obtain information and data held by them relating to my old account. These formal requests were sent on 16/7/19 & 29/7/19.
19. I 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 this, the Claimant asked me to provide copies of anything received from Eon under the Subject Access Request to themselves, when they, themselves are unable to provide a copy of the agreement or a true breakdown of the amount being claimed. They are asking me to provide them with their own evidence.
20. 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. Even after I have requested on several occasions, no such evidence has been provided.
21. As I have not received the relevant documents from the Claimant, I am not in a position to amend my defence.
22. As I have not received the relevant documents from the claimant, I am unable to agree to mediation. Due to the fact I do not have the paperwork they base their case on. Plus I do not believe I owe any money or that this account is even mine.
23. I belive the claim may be based on a billing or address error made by Eon and denies any outstanding debt was owed to Eon.
24. I provide the court and the claimant with my bank statements showing I paid Eon Energy solutions Ltd, Every month. The only month that I missed was January 2016, due to me choosing to cancel the direct payment that month, whilst dealing with a issue with Eon, this payment was then made in February 2016 with Februarys Payment, you can see there was a double payment made as it was double the amount I would normally pay of £81 per month. (Please see Evidence pack A)
25. I provide the court and the claimant with proof from Eon Energy Solutions LTD themselves, Regarding my Account information, showing that my account was ‘unbillable’ and ‘in error’ on Eons part, despite me having a smart meter for accurate real time billing. 16/10/2014 to 7/10/2015. (Please see evidence pack B)
26. This same above evidence proves that I was being supported by my advocate Debbie Underwood from Circle housing to communicate with Eon regarding not having any bolls for just over the first year. (Please see evidence pack B)
27. I provide the court and the claimant with Copies of the complaints and the outcomes regarding my ‘unbillable’ and ‘in error’ account issues with Eon Energy Solutions LTD.

(Please see evidence pack D)

1. I provide the court and the claimant with copies of the few bills I received in the second year. All of which show they were Dual bills, not single Gas bills. I never had single bills. I paid one amount for a duel bill of Gas and Electric. Proving that the bill provided as evidence by the claimant does not match the bills I use to receive from Eon and there for cannot be a correct bill and anouther mistake on my account made by Eon. (Please see evidence pack C)
2. I provide the court and the claimant with letters of past contact between myself and Lowell, Who tried to claim a mobile phone bill was mine. I am unable to physically use a mobile phone. My Advocate had helpt me ask Lowell many times for proof I owned the account and again they could not provide any contract either. At the time I was dealing with many other things and used the simplest way to deal with that issue and help given to me was to declare the account to old to claim, than to fight it based on the fact I cannot physically hold a phone so do not own the account. (Please see evidence pack E).
3. I provide the court and the claimant with copies of the letters and responses I have sent and received from the claimant’s solicitor. Proving I have attempted to get the paperwork they base their case of, on many occasions, and they refuse to provide this paperwork. (Please see evidence pack F)
4. It is denied that the Claimant is owed any money.

Statement of Truth

I, ME, the witness, belive the facts stated within this witness statement to be true.

Signed:


Dated:

[AngelWheelz]

I returned home today from having to go away short notice due to hubbys mum being unwell to a letter from Lowell. Just got threw door! ÂÂ*They say they have dropped the case from court


Pictures of letters attached

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BD52A38E-3EDB-47F5-B6FE-D54AF9653BC4.jpeg

[AngelWheelz]

There response is dated day after I posted mine to them and the court judge, as I posted above with all evidence placed nicley labelled easily to follow. (I read your post about making it easy to read and follow) Â*And important parts highlighted.


i am glad it’s not going to court now as it was getting to much with me getting sick and time of year. But I am worried the new balance now includes the court fees, and feel this isn’t the end.

what do I do from here?

[Amethyst]

Oh that is really good news, well done, you've made a really good job of dealing with this case throughout - often on your own - I'm so sorry I missed your posts about your letter and witness statement - it's great, really good, and spells out the issues you have had and how hard you worked to try and sort things out ... Lowell would have had a job on their hands and obviously decided it was too difficult to try and carry on with such a lack of evidence.Â*

That is it, it's over, nothing to pay, 'debt' gone, I know it's a bit of an anticlimax when they just give up like this but I'm so pleased for you Â*

[AngelWheelz]

Thank you sooo much Amethyst, that is what I was hoping it ment.
i was worried as the letter they sent still has a balance on it which now has the court cost added to it. That was worrying me.

I am so so glad it’s over through all this I have been fighting for my social care I need to so I am beyond exsahusted and fed up of fighting people for silly things that seam so stupid to be having to fight for or against. But I am glad I did as I knew I didn’t owe them a penny.Â*

thank you for all your help and support in dealing with this, I couldn’t have done it with out you! There where times it felt to much to face. I come back here and red through your posts nd remind myself why I had to fight it.

thank you for all your help, I really appreciate all your time you have given to helping me.

[MIKE770]

well doneÂ*

[Amethyst]

No problem at all - you're a fighter and I'm sure you'll keep battling on until you get what you need and are entitled to xxx Good luck ! Don't give up ! And if you hear anything else from Lowell ( or of course if anything else pops up ) just give us a shout xxxÂ*