County Court Claim utility Bill

[Beaver456]

Hi
A Property was purchased in 2004 in my name, that was consequently put under a High Court Restraint Order in Nov 2004, which prohibited me from having any dealings with the Property. I never had any dealings with the Property and I have never visited the Property. I believe at the time of Restraint Order that there was a Tenant in situ, although I have had no dealings with this. Future Court proceedings stated that I never owned the Property (due to fraud) and the Property was dealt with by Confiscation Order/Receivers.
I later (years) received written correspondence from Utility Company with regards to outstanding bills, but I never entered into an agreement/contract with the Utility Company. (I presume Contact details were found via Land Registry). I tried on numerous occasions to assist and explain the situation, but it was falling on “deaf ears” and could not resolve.
I was advised to not deal with the matter due to ongoing Criminal proceedings, which took 5 years+ to resolve.
iI received correspondence/texts, which I did not respond to. The debt was transferred to a Debt Agency and now I have received a County Court Claim as regards this (some 10-20 Years later).
I want to defend this Claim as I firstly believe it is Statute Barred, but also because I never had any dealings with the Property and never put any Utilities in my Name.
i am concerned with the time limit to respond to the Claim, but with this issue being so long ago, I need to know what evidence/ data that is available to the Claimant?
i need help please as to how to respond to the Claim Form , and consequently defend this case?
I have perused the “standard responses” that are available on this website, but this refers to Consumer Credit Act, whereas I believe Utility Bills are unde a different Act ?
Thank You for anny assistance.

[echat11]

Hi Beaver456

Welcome to LB

Fill in the following, copy and paste back to this thread without personal details.
The alleged agreement with the utility company isn't covered by the CCA 1974.

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:

Remember CCA 1974 doesn't apply, so omit those bits.

a) Send a SAR request to the energy company, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

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

b) Send the solicitors a CPR 31.14 request, they have 7 days to provide the requested documentation. Ask for a copy of agreement / Terms and Conditions, Notice of Assignment and Default Notice.

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

c) Send Lowells a letter requesting a copy of the agreement and Terms and Conditions, make sure you get Proof of Postage.

d) The following is an example Defence (remember CCA 1974, does not apply, so leave out) just have a look at it -

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

After you've acknowledged service of the claim, you have 28 days in total from the date on the claim form to file you Defence with the Court (plus 5 days postal - you should not need this). Post an update of what you've received from Lowell's with 5 days left so we can help with your Defence.

[Beaver456]

Received a claim? Yes/No: YES
Issue Date: 06/09/24
Have you Acknowledged the Claim?:NO
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1600
Claimant’s Name:PERCH CAPITAL LIMITED (TM LEGAL SERVICES LTD)
Solicitors Firm:
Original Creditor: SCOTTISH POWER
Original Debt (eg. Credit card/Loan/Overdraft) : UTILITY BILL
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): The Claimant claims payment of an overdue balance in the sum of £xxxx owed by the Defendant to the Claimant with regards to Agreements with ScottishPower , account numbers xxxxxxxxxxx, xxxxxxxxxxx. The Defendant was served with a default notice(s) and having failed to remedy the breach the accounts were terminated and then assigned to the Claimant on 7th September 2023.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): POSSIBLY
List any letters you have sent (eg: CCA/ CPR ): I would like to know what to send please ?
Any Other Information or Background Details: I am not sure how to respond to the Claim form. I believe this to be Statute Barred as a first defence (not sure how long since contact with Scottish Power as so long ago)

[echat11]

'I would like to know what to send please ?'

You need to do a), b), c) and d).

[Beaver456]

d) states CCA 1974. I understand with a Utility Bill, it is a different act; what Act would I use please ?

[echat11]

d) states CCA 1974. I understand with a Utility Bill, it is a different act; what Act would I use please ?

In your defence, you are addressing the following:-

'Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): The Claimant claims payment of an overdue balance in the sum of £xxxx owed by the Defendant to the Claimant with regards to Agreements with ScottishPower , account numbers xxxxxxxxxxx, xxxxxxxxxxx. The Defendant was served with a default notice(s) and having failed to remedy the breach the accounts were terminated and then assigned to the Claimant on 7th September 2023.'

So besides, that the debt might be statute barred under the Limitation Act, there's nothing else at this time that you need to put into the defence.

At this moment you need to gather evidence send off the requests to get that information.

This is unusual because of the circumstances the debt has occurred.

Added to that time has passed when the debt was due.

[Beaver456]

Thank You. I will respond as advised, and also write to the Claimant and Scottish Power as advised with the appropriate letters. I will return when I get a response. Thanks for all your help to this point.

[Beaver456]

Hi. Do I Initially send a basic Defence Statement (to include potential Statute Barred) ?, or do i submit a Defence as per d) The following is an example Defence (remember CCA 1974, does not apply, so leave out) just have a look at it -
https://legalbeagles.info/library/gu...-court-claims/

Parts of this Defence example do not appear to apply at this stage ?

I have completed Forms a and b
as per Form c, do i address this to the Energy Company or the Debt Company ?

Thank You

[echat11]

Hi. Do I Initially send a basic Defence Statement (to include potential Statute Barred) ?, or do i submit a Defence as per d) The following is an example Defence (remember CCA 1974, does not apply, so leave out) just have a look at it -
https://legalbeagles.info/library/gu...-court-claims/

Parts of this Defence example do not appear to apply at this stage ?

I have completed Forms a and b
as per Form c, do i address this to the Energy Company or the Debt Company ?

Thank You

a) submit a Defence as per d) The following is an example Defence (remember CCA 1974, does not apply, so leave out) just have a look at it - https://legalbeagles.info/library/gu...-court-claims/

b) Parts of this Defence example do not appear to apply at this stage ? - Correct.

c) as per Form c, do i address this to the Energy Company or the Debt Company ? - Debt Company (It says Lowells).