Urgent help needed - Lowell, County Court Claim and a British Gas Account

[Nutod]

Hi all, please accept my apologies for the long rant and help a novice. I moved from my previous address 15 years ago and didn't owe anything on my utilities. I have since let the property to different people over this period of time.


At some point, I stated having trouble with the then tenant with late and missing rent payments. The arrears soon accumulated into several thousands. And I thought to evict the tenants but also get a feel for the extent of the defaults. The electricity was on a pay as you go meter, so no problems, but when I tried to contact British Gas they won't talk to me as I was not the account holder. I let them know that I was the landlord and was having rent problems, they still wouldn't talk to me (since it's the tenants' private issue) so I had to leave things.

The tenants eventually moved out and new tenants moved into the property and the account was changed into the new tenants name.

Several years later I started getting letters at my current address from Lowell for some unpaid British Gas account with the demand to pay up. I ignored these letters, as I regarded them as Lowell fishing for innocent victims to screw up for cash.

As things stand now, I just got a County Court Claim from the Northampton County Court Business Centre with the details below (Some details not exact):

Particulars of Claim:

1. The defendant entered into a supply and service agreement with British gas under account reference #########.
2. The agreement later ended but a liability remained outstanding for payment
3. The agreement was later assigned to the claimant on 27/11/2018 and notice given to defendant..

4. Despite repeated requests for payment, the sum of £1004 remains due and outstanding

And the claimant claims
a) The said sum of £1004
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at the rate of £0.21, but limited to one year, being £76.65
c) Costs

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Having read some threads on here, I have filled the Acknowledgement of Service form on day 2 after the service date.

Following advice from the folks on National Debt line, I rang Lowell to give me details of when the debt was incurred and on what address. But the customer care representative on the call appeared to be more interested in fishing for information from me to enrich their database. I confirmed my name, address and previous address and when he asked for my date of birth I got worried and kind'a woke up, so I refused to give my date of birth. He asked me about my previous address which I confirmed. He then said he couldn't give me further details as I wouldn't give my date of birth.


Please, to all gurus on the forum, my dilemma now is how to proceed. I moved from the address to which this debt relates over 15 years ago and I am 1000% sure that the debt is not mine.

How do I go about defending this case?

Do I go to Court and prove my address for the past 15 years?

Can utility debts like this be statute barred?

How do I proceed when I don't have any further details of the case?

I am now in a race against time, Kindly help some confused soul. Thanking you all in advance.

[MIKE770]

CPR 31.14 Request request all details only listed on the claim form, keep copies of all correspondence in file/date order. for starters hope you stated defend all? Example Defence adjust to suit your case, but do not submit on line until at least 24 - 36 hours before due as lowells try to trash defences if submitted earlier give them no room.

[MIKE770]

Energy back billing: A guide to your rights | Ofgem

[Nutod]

CPR 31.14 Request request all details only listed on the claim form, keep copies of all correspondence in file/date order. for starters hope you stated defend all? Example Defence adjust to suit your case, but do not submit on line until at least 24 - 36 hours before due as lowells try to trash defences if submitted earlier give them no room.

Thank you so much, @Mike770.

I am on the way out to sending the CPR31.14 next day recorded delivery. I will start work on the statement of defence but hold on to it for now, as advised. In the meantime I will update the forum wrt any new developments.

I will also share the statement of defence prior to sending it so some senior members have the chance to eyeball it for me.

Thanks, once again

[Celestine]

Also send a Subject Access Request to British Gas. Template in RH sidebar.

[MIKE770]

Subject Access Request Letter

[Nutod]

Many thanks to you Celestine and MIKE770 . I will send the Subject Access Request promptly.

In the meantime, I have confirmed the delivery of the CP31.14 request to Lowell solicitors offices for 08:30hrs this morning.

[MIKE770]

keep copy on file of everything

[Nutod]

Thank you MIKE770 , I will do

[Nutod]

Hi again everyone,

I got a response to my CPR 31.14 from Lowell this weekend. The relevant information is summarised as follows:
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The account we hold for you relates to a former British Gas matter, where you entered into an agreement with the original creditor on XX/XXX/2012. The account was opened for electricity, for the application address (My old address, though the last letter of the post code was stated wrongly).

The account relates to a service agreement and not a credit agreement; it is not governed by the provisions of the Consumer Credit Act 1974. Therefore there is no statutory requirement to complete and sign any such agreement in order to obtain an account of this nature.

As you are probably aware, accounts of this type can be obtained by telephone, over the internet and by mail order and, therefore if no signed contract ever existed then it cannot be provided.

Please note that we are unable to obtain a copy of the statement for this account but we have sent a request to our client to provide us with a final bill for the matter. Once in receipt of this document we shall contact you promptly.

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They enclosed a Notice of Assignment from British Gas which they claimed to have forwarded to me in 2019

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The letter of assignment states that " The balance outstanding on your account on XX/XXX/2018 was £1004 for your electricity supply between XX/XXX/2012 and XX/XX/2016.

***********************************

This apparently means that my initial assumption that the problem was with a Gas account was wrong. Their response to the CPR 31.14 above states that it relates to an Electricity Account. I, in the first case, moved out of this address in 2005 and as far as I remember, the property was on a pay as you go metering way before (sometime between 2007 and 2009) the 2012 start date of this said account.

Please help as I am beginning to prepare my defence statement which is due in the next week.

1. How and what could I include in my statement of defence to address this issue?
2. Should I be looking for proof of my residence covering this period of time ?

In the meantime, I have sent for my Subject Access Request from Centrica/British Gas and await what they have to say.

My thanks in anticipation of your assistance.

[Nutod]

MIKE770 and Celestine , anyone, are you, kindly, able to assist any further? I am not sure what sort of compelling evidence I would need for this case. But I am very certain that this is not my debt. I am a prompt payer of my debts and I have a 999 credit score which I am keen to protect.

Please save me from these predators.

[sparkie400]

I think everyone has disapeared, ive not had a response for over a week : (

[Celestine]

Morning Nutod, apologies I have been battling a failing pc.

Your defence should set out this dispute as you have described it to us, that you await a Subject Access Request from British Gas, your change of address etc. You have a genuine dispute here and you should be fine adapting a defence to cover these circumstances.

[Nutod]

Morning Nutod, apologies I have been battling a failing pc.

Your defence should set out this dispute as you have described it to us, that you await a Subject Access Request from British Gas, your change of address etc. You have a genuine dispute here and you should be fine adapting a defence to cover these circumstances.

Thank you so much Celestine . I will post my draft statement of defence by Thursday/Friday and look forward for further assistance with reviewing it for errors and/or improvements.

[Nutod]

Hi all,

Using the template Statement of defence here, I have had a go at the draft of my statement. Since I have been advised that the provisions of the Consumers Credit Act 1974 (CCA) do not apply to Utilities, I have tried to expunge all the references to the CCA in this statement except for paragraph 15 below (suggestions welcome on the phrasing of that paragraph).

All please review my defence here and suggest improvements or clarity so I can submit to the Court on time.

Many Thanks in advance, as usual...

MIKE770 and Celestine and anyone else please help out.


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In the Northampton County Court Business Centre
Claim No: XXXX22
Lowell Portfolio I Ltd
Claimant
And
Nutod
Defendant
DEFENCE

1. The Defendant received the claim XXXX22 from the Northampton County Court on 21/10/2020
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. It is denied that the Defendant has previously entered into a service agreement with British Gas for Supply of Electricity for the specified address and in the period stated.
4. The Claimant’s Particulars of Claim states the agreement was entered into on XX/XX/2012
5. The Claimant, in response to the request for documents mentioned in the Particulars of Claim, supplied a copy of a Notice of Assignment which specifies that the Service agreement was between XX/XX/2012 and YY/YY/2016
6. The Defendant lived in the address from November 1999 to April 2005 and subsequently moved to his current address in April 2005.
7. The Defendant put the property out to let since his April 2005 move and has not moved back into the property at any time since.
8. The Defendant was not resident at this address at any time during the dates specified in the Claimant’s Notice of Assignment.
9. The Defendant attaches an Assured Shorthold Tenancy Agreement (in respect to the property) covering part of the period specified in the Services Agreement Dates as specified in the Claimant’s Notice of Assignment (Evidence A).
10. The Defendant attaches American Express Credit Card Statements for December 2009 (Evidence B) and July 2014 (Evidence C) showing proof of defendant’s residence before and during the dates specified in the Claimant’s Notice of Assignment
11. The Defendant attaches a nPower bill/statement of account (Evidence D) for October 2013 as proof of Defendant’s Electricity Supplier and Address for a period in the dates specified in the Claimant’s Notice of Assignment.
12. The Claimants statement of case states that the account was assigned from British Gas to Lowell Portfolio I Ltd on XX/XX/2018. The Defendant does not recall receiving notice of this assignment prior to that supplied in the course of this claim.
13. On the XX/XX/2020 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. I requested the Claimant provide copies of the Agreement and Notice of Assignment.
14. Lowell Solicitors has not sent a copy of the original Agreement, a description of the form of the agreement, nor a clear statement how the debt built up to the sum subsequently assigned, and now claimed by the Claimant.
15. On the ZZ/ZZ/2020 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
16. 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.
17. 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.
18. 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.
19. 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.
Signed ________________________________
Dated ________________________________