Template letter

[Rogerbear]

I’ve used the template provided and removed the parts that rare mot relate t and amended the ones that are to include the real ent info for the case.

the section of the latter saying I have requested for info from them such as notice of assignment etc. should I point out I have received one old bill from may 2018? As the next statement says I have not received anything. When I have received an old bill but no notice of assignment, default notice or agreement.

[echat11]

I’ve used the template provided and removed the parts that rare mot relate t and amended the ones that are to include the real ent info for the case.

the section of the latter saying I have requested for info from them such as notice of assignment etc. should I point out I have received one old bill from may 2018? As the next statement says I have not received anything. When I have received an old bill but no notice of assignment, default notice or agreement.

You can state that you received a single bill from 2018, but no Default Notice, Notice of Assignment or Terms and Conditions.

[Rogerbear]

Ok that’s brill. Anything else recommended as I’ll get this sent off later day

[echat11]

Ok that’s brill. Anything else recommended as I’ll get this sent off later day

Are you talking about the SAR or Defence?

[Rogerbear]

Defence. I know I’m cutting it fine but working 6am-9pm and trying to get stuff done isn’t ideal

[echat11]

Defence. I know I’m cutting it fine but working 6am-9pm and trying to get stuff done isn’t ideal

When you've done your defence, copy and paste back to this thread, without personal details so we can take a look.

[Rogerbear]

In the [Northampton County Court Business Centre]



Claim No: ####





Claimant, PERCH CAPITAL LIMITED



And



Defendant, ######



DEFENCE





1.The Defendant received the claim #### from the NorthamptonCounty Court on 12.9.2024



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 a utility debt from Scottish Power



4. It is denied that I have opened an account with Scottish Power



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 that energy was supplied between ##/07/2014 & ##/05/2018 with a balance that is alleged to be a fabricated amount as there has been different amounts provided.



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 Capita “on or around 2nd December 2022” The Defendant does not recall receiving notice of this assignment.



9 .On the 17/9/2024 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. I requested the Claimant provide copies of all information relating to account ##############, eg [Agreement, Default Notice and Notice of Assignment].



10 .TM Legal has not sent any of these documents to the Defendant. They have sent a copy bill dated 30/05/2018. Nothing else



11 .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.



12 .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.



13 .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.



14 .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 [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.



Signed ________



Dated ________

[echat11]

In the [Northampton County Court Business Centre]


Claim No: XXXXXXXXXXXX


Claimant

PERCH CAPITAL LIMITED


And

Defendant

XXXXXXXXXXXXX

DEFENCE


1.The Defendant received the Claim No. XXXXXXXXXXX from the Northampton County Court on 9th September 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 a utility service debt from Scottish Power.

4. It is denied that an account was opened with Scottish Power.

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 states that energy was supplied between 23rd July 2014 to 15th May 2018 under account reference No. XXXXXXXXX.

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 on or around 2nd December 2022. The Defendant does not recall receiving notice of this assignment

9 .On the 17/9/2024 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. I requested the Claimant provide copies of all information relating to Account No. i.e.Agreement - Terms and Conditions, Default Notice and Notice of Assignment.

10 .TM Legal has not sent any of these documents to the Defendant. They have sent a copy of a single bill dated 30/05/2018.

11 .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.

12 .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.

13 .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.

14 .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. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________

[Rogerbear]

Would there be any more to add to that?

[echat11]

Would there be any more to add to that?

No, it's fine as it is, it addresses their PoC.