Template letter

[Rogerbear]

Hello.

is there a template to defend a energy utility debt claim via MCOL.

I’ve requested info from the solicitor with the template for that and only received one bill that’s over 6 years old and nothing else.
The letter before court had one amount claimed. The court letter has a different amount. And the bill they sent is different again. So to me this highlights an issue. And during a period claimed, when checking far back as possible on my bank (7 years) it shows I was paying for energy for a different supplie as I didn’t use the supplier who has sold the debt onto a debt purchaser.

any further advice is welcome

[echat11]

Fill in the following, copy and paste back to this thread without personal details or reference numbers:

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:
How old is the account?

[Rogerbear]

Received a claim? Yes/No: yes
Issue Date: 9.9.23
Have you Acknowledged the Claim?: yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £3000
Claimant’s Name: perch capital
Solicitors Firm: TM legal
Original Creditor: Sp
Original Debt (eg. Credit card/Loan/Overdraft) : utility energy
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

Particulars of Claim

The Claimant claims payment of an overdue utilities amount for energy supplied by Scottish Power to the Defendant in the sum of

3000.00. Energy was supplied from 23rd July

2014 to 15th May 2018, account reference

########### Following non payment the account was assigned by Scottish Power to the Claimant on or around 2nd December 2022.

Energy was supplied to the Defendant at ########## 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?):
no contact with either SP/Perch

List any letters you have sent (eg: CCA/ CPR ): sent CPR to TM Legal 17/9 received one bill on 26/9/24 dated May 30th 2018 and to be paid by 13/6/18. Nothing else

Any Other Information or Background Details:
How old is the account? The account t is claimed to be from 2014-2018. I’ve never opened an account with them and I’ve gone back afar as poss on my bank app and shows energy being paid fto a completely different supplier.

[echat11]

That can't be the issue date - Issue Date: 9.9.23

[Rogerbear]

Sorry 2024

[echat11]

So what you are saying is that, far as you are concerned, you didn't set up an account with Scottish Power (what this could be is where an energy company has failed, Scottish Power has taken over the account).

In any case the debt might be statute barred.

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) 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 if you get anymore documents through. Post on the thread with 5 days left so we can help with your Defence.

[Pezza54]

Assuming 9.9.23 is a typing error and meant to be 9.9.24
5 days from the date of issue for the date of service is 14.9.24
Op has acknowledged service so has 28 days from date of service, meaning the deadline for filing a defence would be 12.10.24
However the 12.10.24 is a Saturday so Op has until 4pm on 14.10.24

[Rogerbear]

Yes far as I’m concerned when we moved into the property Jan 14 we didn’t set up an account with SP. I’m sure it was BG as the property also had a BG pre pay meter for the gas. This later got swapped to OVO/Boost.
Onthe copy of the bill it says they used an estimate meter reading also. As said one thing I have noticed is three different monetary values being claimed. One from perch and tm. One in the court letter and one from SP.
TM also did not send a copy of the assignment they claim on the particulars of the claim.
my understanding is they buy debt and as I have not responded to the hey have thought it could be an easy claim to force me to pay something I don’t owe or know about until a hand full of letters arrived.

im not 100% upto speed with the limitations act that people talk about. But surely they should of progressed this earlier if they believed it to be true?

[echat11]

Yes far as I’m concerned when we moved into the property Jan 14 we didn’t set up an account with SP. I’m sure it was BG as the property also had a BG pre pay meter for the gas. This later got swapped to OVO/Boost.
Onthe copy of the bill it says they used an estimate meter reading also. As said one thing I have noticed is three different monetary values being claimed. One from perch and tm. One in the court letter and one from SP.
TM also did not send a copy of the assignment they claim on the particulars of the claim.
my understanding is they buy debt and as I have not responded to the hey have thought it could be an easy claim to force me to pay something I don’t owe or know about until a hand full of letters arrived.

im not 100% upto speed with the limitations act that people talk about. But surely they should of progressed this earlier if they believed it to be true?

At the moment all you need to address is their Particulars of Claim.
You need to gather as much info as possible, the SAR will hopefully help do that.

[Rogerbear]

Would I need to apply to the court for more time to gather info from SP for the SAR?

[Pezza54]

An application will cost you money
You should aim to file your defence on time and include a paragraph in your defence that the defendant reserves the right to amend the defence if and when the defendant receives the information requested in the letter dated ?????

[echat11]

Would I need to apply to the court for more time to gather info from SP for the SAR?

No but if your case progresses and you have to provide a Witness Statement, your SAR might provide relevant information.

[Rogerbear]

No but if your case progresses and you have to provide a Witness Statement, your SAR might provide relevant information.

So at the moment when I submit my defence it could be looked at by the court and dismissed?

[echat11]

So at the moment when I submit my defence it could be looked at by the court and dismissed?

Yes, defences can be dismissed, but providing you address their Particulars of Claim, then there is no reason why that should be the case.

To date not a single one has been dismissed that I'm aware of (posters on this site). Also I'm not sure why you think that will be the case.

[Rogerbear]

Yes, defences can be dismissed, but providing you address their Particulars of Claim, then there is no reason why that should be the case.

To date not a single one has been dismissed that I'm aware of (posters on this site). Also I'm not sure why you think that will be the case.

Sorry I meant the claimant case be dismissed