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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


            • #7
              I have received this letter from tm legal
              Attached Files

              Comment


              • #8
                Interestingly Orbit Energy Limited is still active and striking off action at Companies House has been discontinued.
                Orbit's customers credit balances were secured when the customers were transferred to SP
                Employment of insolvency practitioners has now ended. It would have been their duty to collect money owed to OE

                Comment


                • #9
                  Originally posted by Elephantemg View Post
                  I have received this letter from tm legal
                  There won't be a signed agreement unless you signed an agreement with a canvasser outside a supermarket.

                  But what there will be Terms and Conditions, Default Notice and Letters of Assignment.
                  But that gives you information that you can put in your Defence.

                  Comment


                  • #10
                    I don't have any idea of this information.
                    The bill was incorrect in my opinion, actually anyone who looked at the numbers would see this. But obviously no one cares as it's just a debt that's been passed to like the 4th company to chase.
                    I suppose I will just have to accept the ccj.

                    Comment


                    • #11
                      Originally posted by Elephantemg View Post
                      I don't have any idea of this information.
                      The bill was incorrect in my opinion, actually anyone who looked at the numbers would see this. But obviously no one cares as it's just a debt that's been passed to like the 4th company to chase.
                      I suppose I will just have to accept the ccj.
                      If you do nothing, then you will receive a CCJ, that can be avoided. We can help with your defence. Have a go, copy and paste without personal details.

                      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


                      • #12
                        Further to my post 8, Orbit Energy went bust late 2021.
                        Orbit Energy (not Scottish Power) assigned OP's account to the claimant in September 2023
                        Is it possible OP was transferred to SP with a zero balance, OE keeping OP's account up until the date of transfer?

                        Comment


                        • #13
                          Originally posted by Pezza54 View Post
                          Further to my post 8, Orbit Energy went bust late 2021.
                          Orbit Energy (not Scottish Power) assigned OP's account to the claimant in September 2023
                          Is it possible OP was transferred to SP with a zero balance, OE keeping OP's account up until the date of transfer?
                          Building a timeline of what happened when, so important. There is time to work on that after Defence has been lodged.
                          As the OP says, it doesn't add up.

                          Comment


                          • #14
                            https://legalbeagles.info/forums/for...45#post1690245

                            Does it help that I had already left Orbit, before they went 'bust'

                            Comment


                            • #15
                              Sorry, I don't understand what to do next

                              Comment

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                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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