Lowells Solicitors - E.on - wrong person claim

[paszczaqp]

Hello Everyone

I really need some help putting this thing to bed. E.on are chasing up wrong person.

Received a claim? Yes
Issue Date: 18/03/2021
Have you Acknowledged the claim? Yes
Total amount claimed: £1446.30
Claimant Name: Lowell Portfolio I Ltd
Solicitor Firm: Lowell Solicitors Limited
Original Creditor: E.on
Original debt: Utility bill
Particulars of Claim:
The claim is for the sum of £1200.28 due by the defendant under a E.on Energy Solutions Limited account with and account reference 01583XXXXXXXX.
The Defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was leaglly assigned to the claimant on 17-12-19, notice of which has been given to the defendant. The claim incudes statutory interest under S.69 of the Country Courts Act 1984 at a rate of 8% per annum from the date of issue of this proceedings in the sum of £96.02.
The Claimant claims the sum of 1296.30.

Is the Debt Statute Barred? Yes
List any letters you have sent:
Any other Information or Background details:

E.on have been chasing me for a bill payment for energy going back to year 2016 but I was never the person responsible for the payments on this account.

For over a year I was the lodger at the property this claim relates to. The owners of the property were my cousin and his partner and they were responsible for the payments. Unfortunately my cousin surname is the same as mine (however different first name or initial) and it appears that E.on based on the info from Equifax decided to pursue me for the money and not the owners of the property / energy account

I was being chased for this payment for years now and I previously logged a formal complaint to Energy Ombudsman which 2 years ago decided that I had to provide the evidence to E.on showing that I was the lodger at the property, and not the account owner - which I did send copy of agreement.

Now it appears that have sold the debt to someone else and now it all started again.

I haven't had any communication with the claimant as yet; I did not respond to the Letter before claim as I clearly see no grounds for the claim as I am not the right person.

Nonetheless, I take I am now in the position where I have to defend myself at court of low ??

[paszczaqp]

Here is copy of the Energy Ombudsman final report:

Report

I am writing to confirm the outcome of my investigation into the complaint you made about E.ON.

Before I address your complaint, it may be helpful if I explain that Ombudsman Services: Energy is an evidence based service. Prior to the acceptance of a case, complainants will have the opportunity to forward any evidence to support their complaint and the other party to the complaint will have the same opportunity. My decision has been reached after reviewing the evidence provided by both parties.

I have considered the information provided by both parties. This includes email correspondence, bills, payment reminders, deadlock letter, and your summary of the complaint. E.ON has provided a case file which includes multiple letters, bills, email correspondence, meter readings, statement of account, and its summary of the complaint.

You state you started to receive bills in your name for a property you were staying at as a guest; however you say you were not responsible for the bills at the property. You have advised E.ON informed you it obtained your details from Equifax (credit reference agency).

As resolution to your complaint you have requested E.ON cease contacting you regarding the outstanding balance on the account as you were not responsible for the bills.

I spoke with E.ON on 10 December 2018 and it explained the account was in the name of the builders of the property between 20 April 2015 and 11 December 2015. The account was then placed in your name between 12 December 2015 and 13 December 2015.

The account was then placed into someone else’s name who had the same surname as you but a different first name (E.ON is unable to provide the name of the third party due to Data Protection) between 14 December 2015 and 24 May 2016.

The builders contacted E.ON on 11 October 2016 and advised it was no longer responsible for the property, and then shortly after it received a letter from the third party which has the same surname as you advising the purchase of the property was completed on 25 May 2016, and prior to this date the property had been rented.

I have reviewed the email correspondence which you have provided, whereby you have informed E.ON you were not responsible for the property; however when E.ON requested you provide evidence to support this or provide details of the people responsible you refused to do so, stating it was not your responsibility to do so.

E.ON has confirmed it obtained your information from Equifax which confirmed you were at the property, and E.ON is entitled to claim money for energy which has been consumed.

I note you have advised you were not responsible for the property; however Equifax states you were at the property for the period E.ON is billing you and therefore if you are unable to provide evidence to confirm you were not responsible for the energy consumption, you will remain liable for the outstanding balance with E.ON.

From my investigation of the information received, I propose E.ON provide you with a written apology for any inconvenience caused, and confirm it will amend the account upon receiving supporting evidence you were not responsible for the billing period.

Following my investigation of your complaint, my decision requires E.ON to:

• provide you with a written apology for any inconvenience caused; and
• confirm it will amend the account upon receiving supporting evidence you were not responsible for the billing period.

[paszczaqp]

Does anyone feel I should be requesting any documents or filing CPR 31.14 or shall I send the above to Lowells Solicitors hoping that they will drop the claim?

Or can I just put in my defense clearly on the fact that I'm not the right person?

[pt2537]

Hi there

There is nothing to stop you asking for disclosure of the documents upon which Lowells are relying.

I think it would be a good idea actually.

As for your defence, it is key that you set out clearly why you are not liable, set out the facts not opinion, be clear and concise, and if you want you can post it up here so we can offer our views.

[paszczaqp]

Thank you for your response, much appreciated.

I hope I could ask few questions as never in my life I had to deal with a court case.

Do I need to ask for an extension to 28 days so I can prepare my defense? How long do I have to submit since the day I issued an acknowledgment online?

If I ask for disclosure of the documents from Lowell's, is there any templates that I could adapt? Should I mention in the letter that I am not the right person or leave it for now?

Last question, is there anywhere or anyone I can just pay someone to sort the defense statement out for me? I guess I could hire a lawyer but not even sure how to go about that...

[paszczaqp]

On them Claim from Claimant name and address is different to the "address for sending documents and payments". Shall send my disclosure request to both?

Do I add postal order for £1.00 to both letters?

Thanks

[MIKE770]

send to solicitors?

[paszczaqp]

I'm wondering if there is any point of asking for all the details. Since I know I'm not the correct person, would it be feasible to submit defense as below:

1.The Defendant received the claim H4K******** from the Northampton County Court on 20/03/2021

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 contractual payments under agreement between the defendant and E.on Energy Solution Limited with account reference 0158*******.

4.It is denied that the Defendant has entered into agreement with Original Claimant.

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 Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7. The Claimant’s Particulars of Claim fail to state what was the agreement related to.

8.The Claimants statement of case states that the account was assigned from E.on Energy Solution Limited to Lowell Portfolio I Ltd on 17/12/19. The Defendant does not recall receiving notice of this assignment.

9. It is denied that Defendant is due a sum of $1200.28 to E.on Energy Solution Limited

10.It is denied that Defendant failed to maintain any contractual payments to E.on Energy Solutions account under account reference 015834118750

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



At what stage do I need mention all the details of me living at the address as a lodger, property owner having same surname etc...? Please share some comments.

[paszczaqp]

Any advice, comments from anyone? Thanks in advance

[ostell]

You will add the extra detail in the witness statement later in the process.

[paszczaqp]

Okay ladies and gents,

I received N149A Notice and N180 Questionnaire through the post.

Is there a point of going with mediation service at all considering my situation?

Also, if I fill the N180 form, do I return it to Court only or also the Claimant and their solicitor?

Many thanks for reading and advice

[ostell]

Return to the court and solicitor

[paszczaqp]

Is there any point listing my partner as a witness who didn’t live with me at the time and can confirm I was living there temporarily as a lodger?