Claim from Overdales/Lowells for old British Gas account

[FGLLA]

Hi All,

Hope you can help with a claim I've received from Overdales/Lowells.

In summary:
I moved to a rented place in Dec 2018. The estate agent set up a British Gas utility account and I paid via Direct debit every month. I had this account for about 3 months and then switched suppliers. Received the final bill which I paid.

A few years later, around 2021/2022 I start getting letters from Overdales/Lowells saying the debt is legally assigned to them.

I ignored most of their letters as I know I had paid, but in 2023 I responded to them via email with an extract of my bank account showing I had made payments to BG. They responded saying they had contacted BG and BG had no records of the payments.
I couldn't see any references on the payments on my statements, so they asked me to contact my bank to ask for various different information. I refused to do so as I felt it was a waste of my time, but I did offer to complete their request for an hourly fee. They rejected my offer so I told them BG have all the information and to ask them. BG also did not provide them with all the information.

They said they couldn't confirm the payments I had made were for the account.


16th May 2024, a claim form has been issued for the debt plus interest.

I checked my email history and I have an email from BG showing the opening of the account and meter reads (which are wrong btw), and I have another email showing a final bill of around £26.

If I hasn't paid any of the bills, surely my final bill wouldn't have been £26?


I responded to the claim via MCOL, AOS within 19 days, however, I now need to submit a defence.

Is there anyone that can help with how best to defend this claim?

I've prepared the below defence from some searching and templates, stating that the claimant hasn't provided adequate information to enable me to properly assess my position with regards to the claim. They haven't proved that I actually owe this amount. I suspect they won't actually be able to prove it?

I've also sent a SAR to BG.

Many thanks in advance!

[FGLLA]

_________________



DEFENCE





1. The Defendant received the claim XXX from the Civil National Business Centre on 21st May 2024.



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 utility account agreement with British Gas account reference XXX.



4.It is admitted that the Defendant has previously entered into an agreement with the Original Creditor /Claimant for provision of utilities.



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 Claimants statement of case states that the account was assigned from British Gas to the Claimant on 26-11-21. The Defendant does not recall receiving notice of this assignment.



8.On the [Date] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant’s Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.



9. The Claimant’s Solicitor has not sent any of these documents to the Defendant.



10.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.



11.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.



12.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.



13.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.



14.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 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.



Signature:



Date:

[FGLLA]

Shall I add anything from this other example?:

"5. The claimant has thus far been unable to produce any evidence that the alleged debt has been legally assigned to them.


Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.

1) a copy of the contract or documents constituting the agreement should be available at the hearing.

With the court’s permission the Claimant is put to strict proof to: -

a) show and disclose how the Defendant has entered into an agreement.
b) show and disclose how the Claimant has reached the amount claimed.
c) show how the Claimant has the legal right, either under statute or equity to issue a claim.



6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.

7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.

[echat11]

Hi FGLLA

Welcome to LB

Fill in the following, copy and paste back onto this thread without personal details.

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. Credit card/Loan/Overdraft) :
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: CCA/ CPR ):
Any Other Information or Background Details:

[echat11]

Shall I add anything from this other example?:

"5. The claimant has thus far been unable to produce any evidence that the alleged debt has been legally assigned to them.


Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.

1) a copy of the contract or documents constituting the agreement should be available at the hearing.

With the court’s permission the Claimant is put to strict proof to: -

a) show and disclose how the Defendant has entered into an agreement.
b) show and disclose how the Claimant has reached the amount claimed.
c) show how the Claimant has the legal right, either under statute or equity to issue a claim.



6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.

7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.

No, don't need to add anything.

[FGLLA]

Hi FGLLA

Welcome to LB

Fill in the following, copy and paste back onto this thread without personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed :
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
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: CCA/ CPR ):
Any Other Information or Background Details:

Thanks for the response, please see my answers below:

Received a claim? Yes
Issue Date: 16th May 2024
Have you Acknowledged the Claim?:Yes
Total Amount Claimed : ~£200
Claimant’s Name: Lowells Portfolio Ltd
Solicitors Firm: Overdales Solicitors
Original Creditor: British Gas
Original Debt (eg. Credit card/Loan/Overdraft) :Utility
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
The claim is for the sum of ~£200 due by the defendant under a British Gas account with an account reference of XXX.
The defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on 26-11-21, notice of which has been given to the defendant.
The claim includes statutory interest under S.69 of the County 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 ~£20.
The claimant claims the sum of ~£200

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Yes
List any letters you have sent (eg: CCA/ CPR ):SAR to BG
Any Other Information or Background Details: Noted in first post

[echat11]

Read through it several times, amend if you need to. You need to action the the following 8/10 '**'

Once you are happy, you can file your Defence via MCOL.



1. The Defendant received the claimXXXXXXfrom the Civil National Business Centre on 14th May 2024.

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

3.This claim is for a utility account agreement.

4.It is admitted that the Defendant has previously entered into an agreement with British Gas for provision of utilities.

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 fails to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from British Gas to the Lowells Portfolio on 26/11/21. The Defendant does not recall receiving notice of this assignment.

8.On the XX/XX/XX The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant’s Solicitor. I requested the Claimant provide copies of the Agreement / Terms and conditions, Default Notice and Notice of Assignment.

**Send the following CPR 31.14 request, they have 7 days to provide the requested documentation, make sure you get Proof of Postage.

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

9. The Claimant’s Solicitor has not sent any of these documents to the Defendant.

10.On the XX/XX/XX The Defendant sent a request for a copy of the Terms and Conditions.

**Write a letter to Lowells Portfolio requesting a copy of the Terms and Conditions that apply to the account.
Make sure you get Proof of Postage.

11. The Claimant has not complied with the request.

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 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.


Signature:

[FGLLA]

Read through it several times, amend if you need to. You need to action the the following 8/10 '**'

Once you are happy, you can file your Defence via MCOL.



1. The Defendant received the claimXXXXXXfrom the Civil National Business Centre on 14th May 2024.

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

3.This claim is for a utility account agreement.

4.It is admitted that the Defendant has previously entered into an agreement with British Gas for provision of utilities.

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 fails to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from British Gas to the Lowells Portfolio on 26/11/21. The Defendant does not recall receiving notice of this assignment.

8.On the XX/XX/XX The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant’s Solicitor. I requested the Claimant provide copies of the Agreement / Terms and conditions, Default Notice and Notice of Assignment.

**Send the following CPR 31.14 request, they have 7 days to provide the requested documentation, make sure you get Proof of Postage.

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

9. The Claimant’s Solicitor has not sent any of these documents to the Defendant.

10.On the XX/XX/XX The Defendant sent a request for a copy of the Terms and Conditions.

**Write a letter to Lowells Portfolio requesting a copy of the Terms and Conditions that apply to the account.
Make sure you get Proof of Postage.

11. The Claimant has not complied with the request.

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 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.


Signature:

Many thanks, I've read through a few times and have a few questions:
1. 14th May? Should this be between the issue date and the date of service? Date of service being 21st May?
8. I have created the request for inspection of documents and will post off tomorrow. Can I email it to the email I've already been using to contact them?
10. This seems like a duplicate request for the terms and conditions as number 8? If not, does it need to say who I sent the request to?
"On the XX/XX/XX The Defendant sent a request for a copy of the Terms and Conditions to Lowell Portfolio"?

[echat11]

1. 14th May? Should this be between the issue date and the date of service? Date of service being 21st May?

Issue date, 14/06/24

8. I have created the request for inspection of documents and will post off tomorrow. Can I email it to the email I've already been using to contact them?

Yes, but if you don't receive a response after 7 days, chase it up, you don't want them saying 'we didn't receive the email etc, etc.'

10. This seems like a duplicate request for the terms and conditions as number 8? If not, does it need to say who I sent the request to?
"On the XX/XX/XX The Defendant sent a request for a copy of the Terms and Conditions to Lowell Portfolio"?

Yes send it, don't worry about the duplication. Correct it should read 'to Lowell Portfolio'.

[FGLLA]

1. 14th May? Should this be between the issue date and the date of service? Date of service being 21st May?

Issue date, 14/06/24

8. I have created the request for inspection of documents and will post off tomorrow. Can I email it to the email I've already been using to contact them?

Yes, but if you don't receive a response after 7 days, chase it up, you don't want them saying 'we didn't receive the email etc, etc.'

10. This seems like a duplicate request for the terms and conditions as number 8? If not, does it need to say who I sent the request to?
"On the XX/XX/XX The Defendant sent a request for a copy of the Terms and Conditions to Lowell Portfolio"?

Yes send it, don't worry about the duplication. Correct it should read 'to Lowell Portfolio'.

Ok great, I have emailed it to them and posted also via signed for delivery.

I have began to file the defence online via MCOL, however, it asks if I am disputing the claim because I have already paid it?
I have already paid it, however, not in response to the claim. I paid it when it was originally due via DD. Also, my payments don't have any references on them to confirm they are for this account.

So shall I respond to the question with a yes or no?

[echat11]

Ok great, I have emailed it to them and posted also via signed for delivery.

I have began to file the defence online via MCOL, however, it asks if I am disputing the claim because I have already paid it?
I have already paid it, however, not in response to the claim. I paid it when it was originally due via DD. Also, my payments don't have any references on them to confirm they are for this account.

So shall I respond to the question with a yes or no?

The answer is 'yes', you're disputing the claim because it's been paid.

[FGLLA]

My only concern with saying yes is that, my Defence reads as if I'm disputing the amount is even owed as I'm asking them to prove with evidence it's owed?

If I say its been paid, surely that means I accept that it's owed?

[echat11]

My only concern with saying yes is that, my Defence reads as if I'm disputing the amount is even owed as I'm asking them to prove with evidence it's owed?

If I say its been paid, surely that means I accept that it's owed?

If you say 'yes' they'll come back and say 'no' it hasn't been paid, as they've issued a claim. So up to them to prove it hasn't been paid.

But if you feel comfortable in saying 'no', then go with that. You'll have evidence to show later that it has been paid.