Lovells claim form sent to old address

[CluelessMum]

Good evening everyone.

Been browsing, reading, learning and getting confused since this afternoon. Followed all the advice (I think/hope) so far, used the really helpful templates and now need help with the next stage. I've put my questions in bold as my waffle my be irrelevant at this stage.

Received a claim? Yes:
Issue Date: 01 Oct 2021
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £1000.38
Claimant’s Name: Lowell Portfolio I
Solicitors Firm: Overdales
Original Creditor: NPower
Original Debt : Electricity Account
Particulars of Claim:
The claim is for the sum of £796.95 due by the defendant under a N.power 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-20, 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 £860.38

Is the debt Statute Barred: No
List any letters you have sent: CPR Overdales and SAR to N.Power tonight to post tomorrow

Any Other Information or Background Details:

My son was given this court document after the tenant of the flat where he used to live opened it and realising it was important tracked him down (social media and also he was known by the people in the shop below the flat).
The court papers are dated 28th October, but he only received them on Saturday and filed Ack of Service today.

Back story is:

He lived in the flat with his girlfriend and moved out in 2016/7 (He's not sure!!?). The NPower account was in his name. This was paid by monthly installments. NPower increased the monthly installments (he can't remember by how much ) and this amount was paid for about 3 months until they moved out of the flat. He is 'pretty sure' he sent NPower final readings and assumed because they were paying monthly and NPower had been increasing the amount that the payments were up to date. He acknowledges it's possible that he could owe them some money, but is adamant it couldn't possibly be the amount claimed. He said NPower were constantly changing the amounts (I've had bad experiences with them doing this as well and ending up £100s in credit whilst struggling to pay their DD increases, but I digress.

Move on to today and I'm trying to help him with this. He has the CPR letter typed ready to send. Can this be sent by email? Also, do these points need more information next to them or just left as they are, ie?
1. Agreement
2. Default Notice
3. Assignment
4. Formal Demand

He also has printed the SAR request to Npower and again, can this be emailed?

I have worked out his defence needs to be done by Tuesday 30th November

Where does he go from here. NPower must have been aware he was no longer at the property as various new tenants have been living there (the current tenant has apparently only been there a short while). He really doesn't want a CCJ as he's just getting back on track after losing one of his jobs during covid and having to move back with me due to financial hardship. Fortunately he's just found somewhere else to live and will be moving again shortly, (a big phew from me, as anyone with older kids moving back can appreciate ). To avoid any further mishaps, he will use my address for correspondence (I assume this is ok) as he is moving to a shared house.

Can he ask the court for extra time while he waits for NPower to send him the information, or should he sit tight for now until he knows what Lovells will be presenting to the court?

Any advice would be gratefully received.

Thank you

[CluelessMum]

He's just told me the date is 25th October not 28th YIKES. I've also just read sending the AofS late could cause a problem, so it's even more critical to get some sort of defence filed asap. Looks like we both have a late night ahead
Hopefully someone here can review it tomorrow before he sends it

[echat11]

Hi CLUELESSMUM

a) He has the CPR letter typed ready to send. Can this be sent by email?

I don't see why you can't email to Overdales.

b) do these points need more information next to them or just left as they are, ie?
1. Agreement
2. Default Notice
3. Assignment
4. Formal Demand

No that's fine.

c) SAR request to Npower and again, can this be emailed?

Yes it can be emailed.

d) Can he ask the court for extra time while he waits for NPower to send him the information, or should he sit tight for now until he knows what Lovells will be presenting to the court?

No, he'll be stating in his Defence that he's requested information from Lovells, so the Court will be aware.

This is the Example Defence which can be amended to suit circumstances -

https://legalbeagles.info/library/gu...-court-claims/

Was there a Smart Meter at the property?

[MIKE770]

some/many solicitors refuse e-mail correspondence ( always follow up postal , forewarned is forearmed?

[MIKE770]

state on such a date a request for CPR31.14 or etc etc or whatever made to date no response (use in defence if accurate, never sit and wait they hope you do that and get automatic judgment against you.)

[echat11]

Good points Mike770.

[CluelessMum]

Thank you all so much.

It's not been easy getting email addresses, but I will post later how he got on with that in case others wish to do the same. Yes will post letters today.

Had a bash at the defence and have some questions (probably obvious answers, but I want to be sure). I've put the questions in red. I'm a bit confused about which Acts I should be quoting. All other parts of defence are as per template


9.It is denied that NPower served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983. is this the correct Act for this case?


11.Overdales Solicitors has not sent any of these documents to the Defendant. Should I reword this as it’s obviously they have had zero time

12.On the [Date] The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. I haven't done this, do I need to

13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement. do I need this one for this case

14. The Defendant has 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. The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so. Do I just omit this as i haven't asked


Really appreciate all the replies, thank you. (oops apologies for red font here)

[CluelessMum]

email addresses in case anyone else needs them used were:

unhappy@eonnext.com

ceo@eonnext.com

help@Overdales.com

Npower/Eon was not an easy search, so not expecting positive outcome there.

Will update any replies as and when

[CluelessMum]

some/many solicitors refuse e-mail correspondence ( always follow up postal , forewarned is forearmed?

thank you I will be posting snail mail today. Son sent emails this morning. Just waiting to finish defence now.

Thank you all

[CluelessMum]

Thank you echat11

This is the Example Defence which can be amended to suit circumstances -

https://legalbeagles.info/library/gu...-court-claims/

Thank you that was a life save, I was sooo confused, have had a go, just a couple of queries about the relevant Acts posted above.

Was there a Smart Meter at the property?
No there wasn't

[echat11]

Thank you echat11

There are some changes that need to be made. Will respond when I can.

[CluelessMum]

There are some changes that need to be made. Will respond when I can.

You are a star, thank you. Was panicking as it seems they can make judgement anytime until he files defence as the acknowledgement of service was filed late.
I'll stop fretting now and wait til I hear back from you later

[echat11]

R0b des8 Can you take a look at the Defence (don't send off yet)


-------------------------------------------------------------------------------------------------------------------------------------
Particulars of Claim:

The claim is for the sum of £796.95 due by the defendant under a N.power 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-20, 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 £860.38
---------------------------------------------------------------------------------------------------------------------------------------

DEFENCE TO CLAIM

1) The Defendant denies that he is liable to the claimant either as alleged in the particulars of claim, or at all. Save where otherwise admitted, each and every allegation in the particulars of claim are denied.

BACKGROUND

2) The Defendant entered into a contract with the Claimant on XX/XX/XXXX for utility services consisting of gas and electricity. The services were supplied to XXXXXXXXXXXX, XXXXXX, XXXXX (the Property).

3) The gas and electricity is supplied to the Property through a 'meter'. The Claimant does not have the necessary infrastructure at the Property to obtain readings from 'smart meter technology' and so the Defendant is required to provide the Claimant with manual 'meter' readings.

THE CLAIM

4) Paragraph 1 of the Particular of Claim is denied.

5) Paragraph 2 of the Particular of Claim is denied.

6) Paragraph 3 is denied insofar as the Claimant has not provided the information requested under Civil Procedure Rule 31.14.

7) Paragraph 4 and 5, it is denied that the Claimant is owed the statutory interest which is included in the disputed sum of £1000.38.

PARTICULARS

8) The Defendant moved out of the property between the years of 2016 - 2017. The Defendant paid NPower the amount due for energy usage each month. The monthly payments were increased by NPower. The Defendant is absolutely certain that NPower were given the final meter readings when the Defendant vacated the property. NPower had been increasing the monthly payments, the Defendant asserts that any outstanding amount was covered by the increased payments (there is a very remote possibility that the increased payments did not cover any unforeseen shortfall. Any shortfall would be minor, but certainly not the amount claimed by the Claimant). So the account would be up to date.

9) NPower must of been aware that the Defendant had left the property as various new tenants have moved into the property.

10) The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess the Defendant's position with regards to the claim.

11) The Claimant's Particulars of Claim fail to state when the agreement was entered into.

12) The Claimants statement of case states that the account was assigned from NPower to Lowell Portfolio I on XX/XX/XXXX. The Defendant does not recall receiving notice of this assignment.

13) On the XXXXXXXXX The Defendant sent a request for inspection of documents mentioned in the Claimant's statement of case under Civil Procedure Rule 31.14 to Overdales Solicitor. The Defendant requested the Claimant provide copies of the Agreement, Default Notice, Notice of Assignment Formal Demand etc.

14) Overdales has not sent any of these documents to the Defendant.

15) 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.

16) 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.

17) 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.

18) 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 ________________________________

[CluelessMum]

echat11 I really did not expect that, I cannot thank you enough. That is (obviously) so much better than what I typed out. You have the situation to a tee. Will hold fire sending as you advise.

tysm

[echat11]

You need to contact the old landlord to see what information he can provide as far as the dates are concerned, preferably in writing.

When did your son live there? etc Data on energy on billing. See what that throws up.