BWLegal raised a claim for a utility bill I believe to be statute barred

[debtsrus]

Hi,

I've received a court claim letter in the post today and followed the guide. I believe the debt to be statute barred and contacted BWLegal mid January with the standard template. They ignored this letter and raised a court claim. Is the statute barred calculation based on a start date of 2019 or would it be 2020 in which case I should pay this and walk away

Details below:

Received a claim? Yes
Issue Date: 19/02/2026
Have you Acknowledged the Claim?: No
Total Amount Claimed : £800
Claimant’s Name: JC International acquisitions
Solicitors Firm: BW Legal
Original Creditor: O.V.O energy
Original Debt (eg. Credit card/Loan/Overdraft) : Electric and/or gas
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): Debt letter states its for a period of supply from Nov 2019 to Nov 2020. I have never had any contact with the creditor or claimant whatsoever. Contacted by BWlegal in Jan, responded with the statute barred letter template to no response. Court documents issued 19th Feb
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Yes (or atleast I believe so)
List any letters you have sent (eg: CCA/ CPR ):

• Statute Barred Limitation Act Letter

Any Other Information or Background Details:

[echat11]

Hi Debtsrus

Try not to worry

Welcome to LB

They've lodged a claim, so make the decision based on the evidence they provide. At some point you will have a opportunity of Mediation it's free and
is independent, not part of the Court.

a) First Acknowledge service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to OVO Energy, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/


c) Send a CPR 31.14 request to BW Legal, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.
The agreement with OVO isn't covered by the Consumer Credit Act 1974, remove any reference to that. But there will be a service agreement with Terms and Conditions.

https://legalbeagles.info/library/gu...-of-documents/

d) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Update the thread as you get information through.

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[debtsrus]

Thank you for the quick response!

I've submitted an online SAR to OVO as they seem to use an online platform for their SAR's and I've done the AOS via MCOL

I should be able to post the CPR 31.14 request tomorrow. If BW Legal do not respond, what do I do? I'm only going on the basis that they haven't responded to my previous efforts using the template to say its a statute barred debt

[echat11]

Thank you for the quick response!

I've submitted an online SAR to OVO as they seem to use an online platform for their SAR's and I've done the AOS via MCOL

I should be able to post the CPR 31.14 request tomorrow. If BW Legal do not respond, what do I do? I'm only going on the basis that they haven't responded to my previous efforts using the template to say its a statute barred debt

If they don't respond, your Defence will reflect that. So it's not an issue.
You could send them an email giving them more time to respond and then file
your Defence afterwards, but they have to agree to it, under CPR 15.5.

[debtsrus]

Posted the CPR31.14 today. I had a thought, does the ofgem back billing clause for energy suppliers apply to me in this case? It states energy suppliers cannot go further back than 12 months

[echat11]

Posted the CPR31.14 today. I had a thought, does the ofgem back billing clause for energy suppliers apply to me in this case? It states energy suppliers cannot go further back than 12 months

'Back billing' only applies in certain circumstances. It's where the energy supplier has made errors in billing, where they haven't billed when they should have etc.
So it may apply it may not, you need evidence to back up that it should be applied.

https://www.ofgem.gov.uk/information...-get-back-bill

[debtsrus]

Morning,

Exactly 7 days from proof of delivery are up now and I'm 9 days away from my defence date.

Assuming I receive no post today from BWLegal, should I be proceeding with an N244 application to the court?

[atticus]

You need to file and serve your Defence.

NB - If the period of supply was November 2019 to November 2020, then the claim for any payments that fell due in the period of 6 years prior to the issue of court proceedings on 19 February 2026 cannot be statute barred.

[echat11]

Morning,

Exactly 7 days from proof of delivery are up now and I'm 9 days away from my defence date.

Assuming I receive no post today from BWLegal, should I be proceeding with an N244 application to the court?

We have asked what the Particular of Claim states on the claim form, not your commentary on it. So post this separately.

You don't need to 'should I be proceeding with an N244 application to the court?'

You need to fill in the example Defence (post 2, point (d) with known facts, at this moment in time all you are addressing their Particular of Claim.

So do that, copy and paste back on this thread without personal details. We can take a look.

[debtsrus]

Hi,

I've included my draft defence below. I have two questions in red

Thank you in advance

----------------------------------------------------------


DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court on XXXXXX 2026

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 for a utility service agreement

4.It is denied that the Defendant has previously entered into an agreement with Ovo Energy Ltd

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 fail to state when the agreement was entered into

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 Ovo Energy Ltd to JC International Acquisitions on 30/06/2022. The Defendant does not recall receiving notice of this assignment.

9.It is denied that JC International Acquisitons served any Default notice on the Defendant. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983. - As CCA isnt valid here, do I need to put something else?

10.On the 1st of March 2026 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

11. BW Legal has not sent any of these documents to the Defendant.

12. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.] - This part hasn't happened obviously, so I can remove it, but do I need something else stated instead?

13.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.

14.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.

15.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.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe 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 ________________________________

[debtsrus]

Particulars of claim copied from the letter:

Defendant Particulars of Claim

The Claimant's Claim is for the sum of
Xxxxxx being monies due from the
Defendant to the Claimant in respect of
the supply of energy by
Ovo Energy Ltd
to the Defendant under account reference
1xxxxxxx. The rights, benefits and title to
account have been assigned to the Claimant on
Xxxxx 2022, notice of which has been given to
Defendant pursuant to s.136 of the Law
of Property Act 1925. The Defendant has
failed to make payment as and when it fell
due and despite demand having been made, the
Defendant has failed to settle their
outstanding liability

[echat11]

Read it through several times, don't forget to delete and renumber. You can lodge it with the Court via MCOL. Update when you get any correspondence through.

DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court on XXXXXX 2026

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 for a utility service agreement

4.It is denied that the Defendant has previously entered into an agreement with OVO Energy Ltd (only deny it if it's the case).

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 fail to state when the agreement was entered into

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.
Check your Credit File, it will have a Default date on there, when they placed a Default marker on it. So if you haven't admitted the debt in writing or made a payment from that date in the last 6 years, then it's statute barred. There is no point in stating it's statute barred if it isn't, so delete this and renumber.

8.The Claimants statement of case states that the account was assigned from OVO Energy Ltd to JC International Acquisitions on 30/06/2022. The Defendant does not recall receiving notice of this assignment.

9.It is denied that JC International Acquisitions served any Default notice on the Defendant. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983. - As CCA isnt valid here, do I need to put something else?Delete and renumber.

10.On the 1st of March 2026 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

11. BW Legal has not sent any of these documents to the Defendant.

12. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.] - This part hasn't happened obviously, so I can remove it, but do I need something else stated instead? Delete and renumber.

13.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.

14.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.

15.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.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe 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 ________________________________

[debtsrus]

I was going to deny entering an agreement but purely on an academic basis. Ovo wasnt the energy supplier at the property when i moved in

Based on the emails I have from the time, my details were allegedly shared with SSE electric who were the supplier, but I never heard anything from them. Ovo later purchased SSE in 2020

On that basis, can I deny entering an agreement with Ovo? I never received anything from Ovo so whilst Ovo now owns SSE electric, i never entered an agreement with Ovo per se

[echat11]

You could argue that OVO Energy never made you aware and that you didn't receive any correspondence if that is the case (you seem to be saying that).
Then it's up to the creditor to prove that they sent communications etc. At some point you may have Mediation where you can negotiate settlement with the
creditor over the debt.

When OVO took over SSE they transferred the business across, you can opt out of the transfer.

[debtsrus]

The SAR has come back too. Confirms no payments have been made to SSE/OVO. No acknowledgement in their logs either that I have contacted them

Interestingly, i also pulled documentation on council tax, i allegedly moved out of the property on 1st May 2020!