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).

[Beaver456]

Hi. I have received 2 letters from TM Legal in response to CPR 31.14 & Agreement request:-

c) “Due to this account originating from Energy supply, this is not governed by the Financial Conduct Authority as it is assume liability for the person residing in the property during the time of supply, because of this there is no signed contract between yourself and Scottish Power.”

b) ”Your request for documentation under CPR 31.14 is not relevant due to the documents not being listed in our particulars of claim.”
(This letter then goes on to state about Payment offers, CCj on Credit File for 6 years, etc.)

a) No response received, as yet, from Scottish Power re Data request

how do I proceed please ?
Thank You

[echat11]

Hi. I have received 2 letters from TM Legal in response to CPR 31.14 & Agreement request:-

c) “Due to this account originating from Energy supply, this is not governed by the Financial Conduct Authority as it is assume liability for the person residing in the property during the time of supply, because of this there is no signed contract between yourself and Scottish Power.”

b) ”Your request for documentation under CPR 31.14 is not relevant due to the documents not being listed in our particulars of claim.”
(This letter then goes on to state about Payment offers, CCj on Credit File for 6 years, etc.)

a) No response received, as yet, from Scottish Power re Data request

how do I proceed please ?
Thank You

Well in their PoC's they state 'Agreements with ScottishPower', o.k. there won't be signed agreement, but there would be Terms and Conditions, they state Default Notice and there would be Notice of Assignment.

Start on your Defence, use the example Defence.

[Beaver456]

I have also noted on the response letter with reference to CPR 31.14 they have stated:-

“Upon review of your account we note a Letter of Claim was issued to yourself 30/04/2024 to request further information regarding the outstanding debt owed we would require you fill out the form and check box I for the information requested.”

I am unsure what this refers to or what it means ?

[echat11]

I have also noted on the response letter with reference to CPR 31.14 they have stated:-

“Upon review of your account we note a Letter of Claim was issued to yourself 30/04/2024 to request further information regarding the outstanding debt owed we would require you fill out the form and check box I for the information requested.”

I am unsure what this refers to or what it means ?

What they are saying, as Pre action protocols, they sent a Letter Before Action, but also a form for you to request information from them. It's not important now.

[Beaver456]

I have completed the following the best I can, but i ma unsure about some of the information i have put (not sure if relevant e.g. Consumer Credit Act 1974) ?:-

1.The Defendant received the claim *******J from the Northampton County Court on ** *********** 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 Agreement
4.It is denied that the Defendant has entered into an agreement with Scottish Power for provision of credit.
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 ** ********* 2023. The Defendant does not recall receiving notice of this assignment.
9.The Defendant does not recall that Scottish Power served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
10.On the ** ********* 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.
11.TM Legal Services Limited has not sent any of these documents to the Defendant.
12.On the ** ********* 2024 The Defendant sent a formal request for a copy of the original agreement to Perch Capital Limited pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
13.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.

1. 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. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

15.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.
16.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.
17.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.
18.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.
Signed


Dated


Could you please let me know if i need to amend or add any information please ?
Thank You

[echat11]

Some of my posts contain the answer to this question - (not sure if relevant e.g. Consumer Credit Act 1974).