!HELP! Lowell court action

[Ami]

Will repost here. Hello to all and thanks in advance for any help and advice.

The problem I’m having is I’ve received an N1 court form issue date 12/01/2021.
I have acknowledged the claim today the 19/01/21.
Claim is for: £1300.
The claimant: Lowell portfolio ltd.
The claimant solicitor: Lowell solicitors.
Original creditor: E-on.
Original debt: I’m assuming is for maybe electric but am unsure. Claim form says supply and service agreement with E-on.

Particulars of claim are as followed:
1) The defendant entered into a supply and service agreement with E-on Energy Solutions Limited under account reference ************ (“the agreement”).
2) The agreement later ended but a liability remained outstanding for payment.
3) The agreement was later assigned to the claimant on 24/05/2018 and notice given to the defendant.
4) Despite repeated requests for payment the sum of £1100 remained due and outstanding.
And the claimant claims
a) The said sum of £1100
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 a daily rate of £****, but limited to one year, being £****
c) cost

In regards to it being statute barred I did use E-on as a provider many years ago, at least five years ago maybe six but am unsure, I have no record.

I haven’t sent a CCA/CPR request because I’m not entirely certain what to send so if someone could advise my next course of action from here it would be much appreciated.

If I’ve got this right I don’t send a CCA if it’s for a utility bill, is this correct?

I have recently with in the last month undergone neurosurgery and am really struggling with the stress and anxiety of having to deal with this also because I don’t have that kind of money and also have an 18 month old to look after.

Thank you for reading if you made it this far. Sorry if it’s in the wrong place this is my first post. Any help or advice you can offer would be a great help.

thank you

[Ami]

Hi, from the information I've gathered i don't need to send CCA request because the claim is for a utility bill. I should send a CPR 31.14 request though and have filled out a template from this site as best I can but would appreciate if someone could look over it to see if I've done things correctly and I'm asking for the right documents in regards to the particulars of the claim (see below). Should I also send a SAR to E.on? Thanks.

My CPR 31.14.

My name & address


19 January 2021


Lowell Portfolio LTD
Ellington House
9 Savannah Way
Leeds
West Yorkshire
LS10 1AB



Dear Sirs,


Claim Number: ********

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



On 12/01/2021 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on14/02/2021.

1) The supply & Service Agreement

2) Notice of Assignment

3) Full breakdown of sum claimed

4) Copy of final bill from E.on showing any outstanding liability.

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

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

***********