Overdales court claim - Npower

[BlueCicada]

Thanks echat11.

The example defence you linked is the one I'm struggling to figure how to amend for my particular case. I've never written up a defence before but I'll have a go and if I could post it here later for you to have a look at that'd great.

So is there no option to have the deadline extended if the requested documents aren't received within a specific timeframe? Or maybe I've gone past the point of requesting an extension?

[echat11]

Thanks echat11.

The example defence you linked is the one I'm struggling to figure how to amend for my particular case. I've never written up a defence before but I'll have a go and if I could post it here later for you to have a look at that'd great.

So is there no option to have the deadline extended if the requested documents aren't received within a specific timeframe? Or maybe I've gone past the point of requesting an extension?

Your Defence addresses the Particulars of Claim made against you. So you aren't telling your side of the story yet.

The Court has already allowed an extension when you Acknowledged Service. The 'example Defence' is the structure of your Defence, it's very basic and addresses the Particulars of Claim.

https://www.judiciary.uk/wp-content/..._in_Person.pdf

[BlueCicada]

Ah, I see. Thanks. How do I go about putting my case across after filing the defence? Am i right in thinking witness statements are submitted before the court hearing?

Sorry, I am trying to find this info elsewhere for myself but I really know very little of the process!

[echat11]

Ah, I see. Thanks. How do I go about putting my case across after filing the defence? Am i right in thinking witness statements are submitted before the court hearing?

Sorry, I am trying to find this info elsewhere for myself but I really know very little of the process!

After you file your Defence, the Court will send you and the other party a Directions Questionnaire, you have the opportunity of Mediation at this stage, if the matter isn't resolved then you exchange Witness Statements / evidence, then there is a 'hearing'.

I've posted a link to a very good guide.

[BlueCicada]

Apologies, I somehow missed that link :/ That's great, I'll scan through it now. One other thing - in the defence template I'm omitting everything that relates to CCA's, but is there anything I replace these sections with in relation to utility disputes?

[echat11]

Apologies, I somehow missed that link :/ That's great, I'll scan through it now. One other thing - in the defence template I'm omitting everything that relates to CCA's, but is there anything I replace these sections with in relation to utility disputes?

That you had a 'Energy Supply Agreement' with NPower. You have a specific paragraphs on the claim form, those are the paragraphs that you are responding to in your Defence.

It might be an idea to post up those paragraphs.

[BlueCicada]

OK. thank you.

You mentioned before about the back-billing ruling coming into play due to Npower's catalogue of errors. Am I to include this in my defence, I guess as a response to the claimants statement of 'the defendant failed to maintain contractual payments under the terms of the account agreement'? Or is it a case that as I haven't received this agreement from Overdales yet I don't have enough information to counter this claim?

[echat11]

OK. thank you.

You mentioned before about the back-billing ruling coming into play due to Npower's catalogue of errors. Am I to include this in my defence, I guess as a response to the claimants statement of 'the defendant failed to maintain contractual payments under the terms of the account agreement'? Or is it a case that as I haven't received this agreement from Overdales yet I don't have enough information to counter this claim?

You can include that and the Ombudsman decision, just a few lines on each.

[BlueCicada]

How does this look echat11 as a draft? Could be worded better and I could add some more detail regards the ombudsman's verdict perhaps?

DEFENCE

1. The Defendant received the claim ********* from the Northampton County Court on 28^th February 2022.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim is for an energy supply agreement with Npower.

4 .The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The Claimant’s Particulars of Claim state that the Defendant owes an unpaid sum due to failing to maintain contractual payments under the terms of
the account agreement.

6. The Defendant contends the alleged debt rests solely on the failure of Npower to provide ongoing billing to the Defendant over a prolonged period due to their failure to locate the associated meters on their database, leaving the Defendant unable to pay for energy used during this period, through no fault of his own. The Defendant contends the eventual excessive bills received amount to back-billing, while the option to switch provider onto cheaper tariffs was not possible. The Energy Ombudsman upheld the Defendant’s case, but did not, for the Defendant, go far enough in penalising Npower.

7. On 11^th March 2022 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 Portfolio Ltd. The Defendant requested that the Claimant provide copies of the aforementioned documents.

8. The Claimant has not sent any of these documents to the Defendant.

9. On 11^th March the Defendant sent a Subject Access Request under Data Protection Act 2018 / General Data Protection Regulations (GDPR) to E.ON (the current owner of Npower).

10.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.

11. 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.

12. 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.

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

Statement of Truth
[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed ________________________________
Dated ________________________________

[MIKE770]

just put in defence = on xxxxxx date a request for CP31,14 / DSAR? or what ever you asked for to date nothing has been received.

[BlueCicada]

Thanks MIKE770 . I could trim that part down I guess. I'm more concerned with getting my counterclaim response to their particulars in order as this seems the most crucial part to me

[echat11]

Have a read, amend it if you want, if you are happy, send it.

You can email it to the Court, in the subject line write: Claim Ref: XXXXXXXXXXX DEFENCE XXXXXXXXXX v XXXXXXXXXXXX

Email it to: ccbcaq@justice.gov.uk

Because you've emailed it, don't take for granted they've received it, you want an acknowledgement.

Then email it to the creditors solicitors (I'd post it to them, make sure you get Proof of Postage).

DEFENCE

1. The Defendant received the claim ********* from the Northampton County Court on 28^th February 2022.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim is for an energy supply agreement for gas and electricity with Npower.

4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The Claimants Particulars of Claim state that the Defendant owes an unpaid sum due to failing to maintain contractual payments under the terms of the account agreement.

6. The Defendant contends the alleged debt rests solely on the failure of Npower to provide ongoing billing to the Defendant over a prolonged period due to their failure to locate the associated meters on their database, leaving the Defendant unable to pay for energy used during this period, through no fault of his own.

7. The Defendant contends the eventual excessive bills received amount to back-billing, while the option to switch provider onto cheaper tariffs was not possible for the Defendant because of the dispute with Npower.

8. The Energy Ombudsman upheld the Defendants complaint, but did not offer a reasonable resolution to the complaint.

9. OFGEM through the Electricity Act 1989 and Gas Act 1986 are very clear on 'misleading' information being sent to customers. The Standard Conditions of electricity / gas supply license states:

Condition 0. Treating Domestic Customers Fairly -

0.3 The Standards of Conduct are that the licensee and any Representative:

a) behave and carry out any actions in a Fair, honest, transparent, appropriate and professional manner;

b) provide information (whether in writing or orally) to each Domestic Customer which:
i. is complete, accurate and not misleading (in terms of the information provided or omitted);

10. On 11^th March 2022 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 Portfolio Ltd. The Defendant requested that the Claimant provide copies of the aforementioned documents.

11. The Claimant has not sent any of these documents to the Defendant.

12. On 11^th March the Defendant sent a Subject Access Request under Data Protection Act 2018 / General Data Protection Regulations (GDPR) to E.ON (the current owner of Npower).

13.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.

14. 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.

15. 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.

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

Statement of Truth

I believe the that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________________________________
Dated ____________________

[BlueCicada]

That's fantastic, thanks so much! echat11