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Court claim, please help

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  • Court claim, please help

    Received a claim? Yes
    Issue Date: 6.9.24
    Have you Acknowledged the Claim?: not yet
    Total Amount Claimed : £600
    Claimant’s Name: Perch Capital
    Solicitors Firm: TM Legal?
    Original Creditor: orbit energy
    Original Debt (eg. Credit card/Loan/Overdraft) : utilitoes
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    The claimant claims payment of overdue utilities supplied by orbit energy to the defendant in the sum of [£600]. Energy was supplied from 4th February 2019 to 9th June 2020, account reference xxxxxxxxx. Following non payment the account was assigned by orbit energy to the claimant on or around 29th September 2023. Energy was supplied to the defendant at [address stated] and the sum owed for the supply remains unpaid.


    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): as per dates yes
    List any letters you have sent (eg: CCA/ CPR ): none
    Any Other Information or Background Details:
    I Don't know
    Tags: None

  • #2
    It's not Statute Barred according to those dates.
    'Any Other Information or Background Details' is needed.


    a) Send Scottish Power (taken over Orbit Energy) a SAR request, 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 TM Legal 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) The following is an example Defence (remember CCA 1974, does not apply, so leave out) just take a look, don't file it with the Court just yet -

    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 your requests with 5 days left so we can help with your Defence.

    Comment


    • #3
      Hi thank you.
      I am working through b) but I do not understand what to write or what the date of filing my defence. I also don't understand the documents relating to the particulars, as far as I can see there is no document as such, just reference to an account.
      Thanks for your help

      Comment


      • #4
        Originally posted by Elephantemg View Post
        Hi thank you.
        I am working through b) but I do not understand what to write or what the date of filing my defence. I also don't understand the documents relating to the particulars, as far as I can see there is no document as such, just reference to an account.
        Thanks for your help
        Ask for a copy of the Contract, the Terms / Conditions and Letter of Assignment.

        Write the following - To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.

        Comment


        • #5
          Update a) Scottish power can't find any record of my account with name, address, account or map' numbers

          B) posted the letter yesterday

          Comment


          • #6
            Originally posted by Elephantemg View Post
            Update a) Scottish power can't find any record of my account with name, address, account or map' numbers

            B) posted the letter yesterday
            Update when you get more information.

            Comment

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