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Court Claim From Overdales / Lowell for Old E.On Account

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  • Court Claim From Overdales / Lowell for Old E.On Account

    Court Claim From Overdales / Lowell for Old E.On Account

    Today, 09:19:AM
    Received a claim? Yes:
    Issue Date: 01 Oct 2021
    Have you Acknowledged the Claim?: Yes
    Total Amount Claimed : £2800.00
    Claimant’s Name: Lowell Portfolio I
    Solicitors Firm: Overdales
    Original Creditor: E.On
    Original Debt : Electricity Account
    Particulars of Claim:
    The claim is for the sum of £2500 due by the defendant under a E.on Energy Solutions Limited account with an account reference of xxxxxxxxxxxx.
    The defendant failed to maintain contractual payments required under the terms of the account agreement.
    The debt was legally assigned to the claimant on xx-xx-18, notice of which has been given to the defendant.
    The claim includes statutory interest under S.69 of the Count Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £xxx.xx.
    The claimant claims the sum of £2800.00.

    Is the debt Statute Barred: No it is a few weeks short of 6 years since the last payment.
    List any letters you have sent (eg: CCA/ CPR ): CPR 31.14 to Overdales and SAR to E.On.
    Any Other Information or Background Details:

    Hi everyone,

    I've been send the above court claim from Overdales acting for Lowell Portfolio I. It is for the electricity account at my old house which I opened in 2007, and then closed when I sold the property in January 2015.

    I'll try my best to keep a very long story as short as I can but I am happy to expand on any points in more detail if required.

    I moved out of the property in Jan 2015 and gave my final meter readings as normal, E.On told me I was due a refund of about £50.

    No refund came so after a few weeks I called them to chase, they then told me they had made a mistake and I actually owed them £129. No big deal so I just paid it. (they actually took the money twice and I never got this back - another error by this shambles of a company).

    A few weeks later I was then further surprised to find that E-On then started chasing me for and outstanding balance of around £1560.00 and whilst I was shocked and disappointed by this I made an initial payment by card and then set up a payment plan of £130 per month to clear the rest which I paid in full and the last payment was 30th November 2015.

    Fast forward a few months to July 2015, I then started being chased for a debt of £3600.00, they acknowledged the £780 I had paid by this point and said I had £2800.00 still left to pay.
    So at this point I have gone from having a £50 refund due to me in March, to a £129 debt which I paid (twice), to then having a £1560 debt, to a £2800.00 debt, all from a property I had sold and settled the energy accounts for 5 months previously.

    I phoned E-ON to query this and the person I spoke to laughed it off as a silly mistake and told me not to worry and they would rectify it. However the chasing letters continued and when I called them again they then told me I do owe the money and would have to pay it.

    The reason for the increasing amount was they said they made a mistake on my account back in 2011 and were now charging me for the energy I had underpaid back then. I told them I absolutely would not be paying it, and that I would finish paying the £130 per month payment plan and no more, which I did.

    E-ON admitted responsibility and sent me a written apology along with a £100 credit, but I wrote straight back to them and told them I do not accept this.

    And that is where my communication with E-ON ended and the following 6 + years of harassment from their various debt collection agents (usually all the same company using the different names that come under their umbrella) started.

    I have never owed this money and will not be paying it, it is not a case of I can't pay because I can but they have already fleeced me for a lot of money I did not owe and I refuse to pay another penny.

    I feel there is a lot going on here, billing me in 2015 for energy they say I used in 2011 is in breach of the back billing code even if I did use that much energy (which I didn't).

    The debt would also be statute barred by now if they hadn't pushed me into a payment plan in 2015 for money I didn't owe.

    The whole thing is an absolute shambles, they have messed up my account to the extent that I don't think they really have a clue anymore.

    I should also add that I was a single person living on my own in a brand new energy efficient house, I was out working most of the time and spent a lot of time staying at my girlfriends house, so I was barely there and therefore my energy use was minimal... how on earth I could under pay by £3600 is beyond me, that was a lot of electricity in 2011! :-)

    Anyway I've rambled on enough!

    CPR 31.14 has been sent to Overdales - they replied straight back basically saying they are unable to obtain a copy of the E.On agreement and that E.On are not required to retain a copy as it not regulated by the Consumer Credit Act 1974.

    SAR request was sent to E.On - I have had no reply from them.

    Thanks in advance for your help, I am determined not to pay these parasites so would really appreciate any help you can give me. :-)
    Tags: None

  • #2
    Hi Hackett

    Information is key here. I wonder if 'back billing' is applicable at all. Energy companies make more money when they make mistakes.

    https://www.citizensadvice.org.uk/co...ll-in-a-while/

    https://www.energy-uk.org.uk/publication.html?task=file.download&id=6633


    What you need to do is get as much data onto an Excel spreadsheet, build a complete 'picture' or the best you can.
    The problem is how much information will the SAR sent actually provide to help you defend the claim.

    Comment


    • #3
      Do I need to write back to Overdales regarding the SAR 31.14 request? They’ve said they don’t have a copy of the agreement and don’t have to produce one.

      Comment


      • #4
        Originally posted by Hackett View Post
        Do I need to write back to Overdales regarding the SAR 31.14 request? They’ve said they don’t have a copy of the agreement and don’t have to produce one.
        What they need to produce is the documents they are relying on to make their court claim. I would write back requesting those documents.

        Comment

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        NOTE: If you receive a court claim note these dates in your calendar ...
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