Court claim, please help

[Elephantemg]

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

[echat11]

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.

[Elephantemg]

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

[echat11]

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.

[Elephantemg]

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

B) posted the letter yesterday

[echat11]

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.

[Elephantemg]

I have received this letter from tm legal

[Pezza54]

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

[echat11]

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.

[Elephantemg]

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.

[echat11]

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

[Pezza54]

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?

[echat11]

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.

[Elephantemg]

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

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

[Elephantemg]

Sorry, I don't understand what to do next