County Court Claim utility Bill

[Beaver456]

Hi

I am lost with this claim, as i do not know what dates the alleged agreement relates to, or how this Agreement was put into my name (although slightly spelt incorrectly).

I am totally unsure what i should be stating (or not), but I have kept the majority of the Defence i posted earlier, and I have just amended the following :-

12.On the 16^th September 2024 The Defendant sent a formal request for a copy of the original agreement to Perch Capital Limited.
13.The Claimant has failed to provide a copy of the original Agreement or the terms related to the original Agreement. These are required by the Defendant to try and work out how there could be any original Agreement or Monies owed.

Please help ?

[echat11]

It's all a bit 'bizarre', we sometimes get people who are capable of dealing with stuff themselves.
What worries me is that you yourself stated that CCA 1974 doesn't apply, I've stated several times
that it doesn't apply, but you've still asked if it applies.

[Beaver456]

Trying to work out the alternative to CCA 1974 that would apply to my Claim ?

[Beaver456]

also whilst going through many, many threads, i noted:-

"All energy firms will be banned from back-billing customers beyond 12 Months"

Would this be of any relevance ?

[echat11]

also whilst going through many, many threads, i noted:-

"All energy firms will be banned from back-billing customers beyond 12 Months"

Would this be of any relevance ?

You seem to be disputing the claim for a number of reasons, i.e. it's not your account, it's statute barred etc.

If it's not your account, then 'back billing' isn't going to help you.

[Beaver456]

Ok. Thanks for your help. Am i ok to submit Defence as amended (Paragraphs 12 & 13) ?

[echat11]

Ok. Thanks for your help. Am i ok to submit Defence as amended (Paragraphs 12 & 13) ?

No, it needs looking at. Can you upload the claim form, removing all personal details / ref numbers, then I can take a look at your defence.

[Beaver456]

Not sure how to upload as requested, but here are the details (Personal details, Ref Numbers omitted) from the Claim Form, thanks :-


In the CIVIL NATIONAL BUSINESS CENTRE
Claim No. XXXXXXXX
Issue Date 06 SEP 2024

Claimant

PERCH CAPITAL LIMITED
10 WHITEHILLS BUSINESS PARK
WHITEHILLS DRIVE
BLACKPOOL
FY4 5LW

Address for sending documents and payments (if different)

TM LEGAL SERVICES LIMITED
PO BOX123
BLYTH
NE24 4RP

Particulars of Claim

The Claimant claims payment of an overdue balance in the sum of xxxx.xx owed by the Defendant to the Claimant with regards to Agreements with ScottishPower, account numbers, xxxxxxxxxxx, xxxxxxxxxxx. The Defendant was served with default notice(s) and having failed to remedy the breach the accounts were terminated and then assigned to the Claimant on xth xxxxxxxxx 2023.

[echat11]

Again this all seems odd, nevertheless the following should suffice. Read it through several times.
It can be filed via MCOL, you can send a copy to their solicitors. From their you just need to follow
the Courts instructions.

1.The Defendant received the claim XXXXXXX from the Northampton County Court onXXXXXXXX 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 Service Agreement.

4.It is denied that the Defendant has entered into an agreement with Scottish Power.

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 Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.

8.The Claimants statement of case states that the account was assigned from Scottish Power to Perch Capital Limited on XX XXXXXXXXX 2023. The Defendant does not recall receiving notice of this assignment.

9.On the XXXXXXXXXX 2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to TM Legal Services Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.TM Legal Services Limited has not sent any of these documents to the Defendant.

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.

Signed

Date

[Beaver456]

Thank you for your help. I will file the Defence as you have stated and hopefully get this case sorted.

[Beaver456]

Hi. I have submitted the defence as advised last week. However, I have today received the correspondence data requested from Scottish Power. This now shows the period that the debt is allegedly from (2015-2020). I have the Title Register for the Property, which shows the Property was sold to somebody with a totally different name to mine in February 2015. I presume this would exonerate me. Do I now need to submit further evidence/defence to The Court ?

[echat11]

Hi. I have submitted the defence as advised last week. However, I have today received the correspondence data requested from Scottish Power. This now shows the period that the debt is allegedly from (2015-2020). I have the Title Register for the Property, which shows the Property was sold to somebody with a totally different name to mine in February 2015. I presume this would exonerate me. Do I now need to submit further evidence/defence to The Court ?

That is good, you have evidence that proves, the debt isn't yours, but someone else's.
See how the Creditor responds, then they can be challenged with the 'new evidence'.

Update the thread once they respond.