NPower - Lowells

[Forkinhades]

I received a county court claim on Friday from Lowells.

History - Npower account was closed about 3 years ago. Their final bill was wrong, so i never paid it as i was in dispute with them. Refusing to listen, they then sold my 'debt' to the collection agency Lowells who are now taking me to court.

I have filled in the AOS, do now have 28 days to get my defence together.

I have seen some defence templates on this forum, and a link has taken ne here.

Should I use the adapted template in the MCOL onlibe form? Which is my bext step. Or should i wait until it goes to court? But just put a brief defence in the online MCOL.

Happy to post more details as required.

[echat11]

Hi FORKINHADES

Fill in the following, copy and paste back to this thread (without personal details / reference numbers).

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. ENERGY) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CPR /SAR):
Any Other Information or Background Details:

a) What you need to do is Acknowledge the claim online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days (postal).

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send their solicitors a CPR 31.14 Request, they have 7 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage. (The documents you can request can be found in the Particulars of Claim).

https://legalbeagles.info/library/gu...-of-documents/

c) Send NPower a SAR, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Make sure you get your defence in on time, so 28 days from today, note it in your diary.

Post an update regards thoughts / documents received, then can help with defence.

[Forkinhades]

Received a claim? Yes/No: Yes
Issue Date: 19/089/2022
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £170
Claimant’s Name: Lowell Portfolio Limited
Solicitors Firm: Overdales
Original Creditor: NPower
Original Debt (eg. ENERGY) : Gas & Electric
Particulars of Claim: The claim is for a sum of £160 due by the defendant under a npower account wityh an account reference xxxxxxxxxx. The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on 04-06-21, notice of which has been given to the defendant. The claim includes statuitory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date od assignment to the date issue of these proceedings in the sum of £15. The claimant claims £xxx
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
List any letters you have sent (eg: CPR /SAR): Posted today (08/09/22)
Any Other Information or Background Details. Originally in dispuite with Npower over final Bill. Npower closed the account and sold it to Lowells.

Hope this is the right reply.

Thank you

[echat11]

Your Defence needs to be lodged with the court and their solicitors by 16th September.

Don't worry if you don't get the requested documentation in time.

But it's important to file your Defence with the Court (this can lodged via MCOL) and their solicitors, make sure you get Proof of Postage.

Make a start on your defence, ask for help if needed.

Remove everything that relates to the CCA 1974. Services such as utilities aren't covered by the CCA 1974.

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

[Forkinhades]

My defence

In the Northampton County Court Business Centre
Claim No: xxxxxxxx

xxxxxxxxxx [Claimant]

And
xxxxxxxxxx [defendant]

DEFENCE

1. The Defendant received the claim xxxxxxxxxx from the County Court on Business Centre on 19 August 20222
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. It is denied – that the Defendant has previously entered into an agreement with Lowel Portfolio I Limited for provision of credit.
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 states the agreement was entered into on xx/xx/xxxx
6. The Claimants statement of case states that the account was assigned from Lowell Portfolio I Limited to on [Date]. The Defendant does not recall receiving notice of this assignment.
7. On the 8^th September 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 Overdales Solicitors. I requested the Claimant provide copies of the Notice of Assignment].
8. Overdales has not sent any of these documents to the Defendant.
9. On the 08/09/2022 The Defendant sent a formal request for a copy of the original agreement to Overdales pursuant to section 77 or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
10. 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.
11. The Defendant have 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.
12. 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.
13. 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.
14. 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.
15. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth
I believe that the facts stated in this 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

[echat11]

Will take a look.

[echat11]

The amendments are in Bold.

Include no.8 if it's correct.

File your Defence with the Court (this can lodged via MCOL), send a copy to their solicitors, make sure you get Proof of Postage.

In the Northampton County Court Business Centre

Claim No: xxxxxxxx

xxxxxxxxxx

And

xxxxxxxxxx

DEFENCE

1. The Defendant received the claim xxxxxxxxxx from the County Court on Business Centre on 19th August 2022.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. It is admitted that the Defendant has previously entered into an agreement with NPower for energy supply.
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 fails to state when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from NPower on 4th June 2021. The Defendant does not recall receiving notice of this assignment.
7. On the 8^th September 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 Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
8. On the 8^th September 2022 The Defendant sent a Subject Access Request under Data Protection Act 2018 / General Data Protection Regulations (GDPR) to Npower.
9. Overdales has not sent any of these documents to the Defendant.
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 that the facts stated in this Defence 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

[Forkinhades]

Absolutely brilliant. Thank you

[echat11]

Absolutely brilliant. Thank you

Read it again, check point 8.

[Forkinhades]

At time of writing I still havnt received anything from Overdales. Defence entered at the MCOL website
Just about to post recorded delivery to Overdales.

[MIKE770]

still within 30 days to respond

[Forkinhades]

Should I post on Friday which is the 16th September?

[echat11]

Should I post on Friday which is the 16th September?

Yep, leave it late as possible, remember there are postal strikes, though end of the month I think.

[Forkinhades]

Today 04/10/22 I have received a response from Overdales. The court sent a letter to me that Overdales had 28 days to respond. Overdales are saying the time frame to respond has elapsed.

Advise please.
Thank you

[Forkinhades]

The points Overdales state
1. This debt does not arise under an agreement for credit and therefore it is not regulated by the consumer credit act 1974. This means the original that the original creditor is not required to retain a copy of the agreement, if it was in writing, and therefore we are unable to retain a copy.

2. Accounts of this type can be obtained over the telephone, over the Internet and therefore it is possible that no signed copy ever existed, or that thus was entered into by electronic signature online.

3. A default notice is a technical document that us applied to a a Credit Agreement should a customer fail to repay the account. Therefore, a default notice also does not apply.

4. As a gesture of goodwill, we gave enclosed a copy of the final bill for you to review, along with the requested notice of assignment.

5. As you are aware, a county court claim form was issued to you on 19 August 2022

6. We note that you have completed your AOS. This allows you a further 14 days to submit your response to the claim form. However this time has since expired and you should now respond to the claim form, how you deem appropriate, as per the guidance on the form.

7. Should you wish to dispute this matter, we ask that you enclose all details of your defence with the relevant sections.

8. Please ensure you respond to the claim within the time frame set by the court. Failure to do so may result in a CCJ being entered in default against you.