TM Legal Letter of Claim

[echat11]

Thanks. For N244 I was planning to ask for costs awarded as per the template. I doubt they are going to comply anyway = case struck off.

I cant see a much stronger case for costs awarded than I have. So hopefully a cost to them, not to me. Still you feel a wasted effort?

Yes, a wasted effort as you are going to file your Defence.

[echat11]

OK sample defence if you think this is the preferred approach:

1. The Defendant received the claim xxxxxx from the Northampton County Court on xx July 2024
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. The Claimants statement of case fails to give adequate information to enable the defendant to properly assess their position with regards to the claim. xxxxx went bust in 2021 with a billing dispute ongoing over the alleged debt. The defendant believes that even so, they subsequently settled the alleged debt and have bank statements that indicate this.
4. The Claimants statement of case states that the account was assigned from xxxxx to Perch Capital on xx September 2023. The Defendant does not recall receiving notice of this assignment.
5. On xx April the Defendant received a notice before action from TM Legal. The Defendant replied the same day explaining that the debt was disputed and why. The defendant has received no reply to this letter.
6. On the xx July 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. The Defendant requested the Claimant provide the utility bill from the cited period, a Default Notice and Notice of Assignment. The Defendant followed this up with a reminder on xx August 2024. Both requests were sent via recorded post.
7. The Claimant has not sent any of these documents to the Defendant or responded at all.
8. 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.
9. 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.
10. 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.
11. 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 ________


Should I send this alone, or respond to sections 1 and 2 on the N9B as well?

Is the Counterclaim for the following?

'i was promised £100 bill credit if i agreed to have a Smartmeter fitted'

[richto]

guys is this OK? Thanks.

[echat11]

guys is this OK? Thanks.

Will take a look.

There's a question in post 17.

[richto]

Is the Counterclaim for the following?

'i was promised £100 bill credit if i agreed to have a Smartmeter fitted'

This was part of the billing dispute. They overcharged me too vs what the sales guy said on the phone. I later heard that this was endemic - lie to you to get you to sign up basically.

Assigning the debt would not assign liability for money owed by the utility company that no longer exists I suspect?

I was not planning on filing a counterclaim for that reason.

[echat11]

Because Orbit has gone out of business, OFGEM has transferred the account to Scottish Power. If money is owed to Orbit, the debt doesn't just disappear because the business has failed.

Read it several times, it's ready to be lodged with the Court. You could send a copy to the Claimants solicitors. Make sure you get Proof of Postage.


1. The Defendant received the claim xxxxxx from the Northampton County Court on xx July 2024

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim is for the provision of utility services.

4.It is admitted that the Defendant has previously entered into an agreement with the Original Creditor for provision of utility services.

5. The Claimants statement of case fails to give adequate information to enable the defendant to properly assess their position with regards to the claim. xxxxx went out of business in 2021 with a billing dispute left outstanding over the alleged debt. The defendant believes that even so, they subsequently settled the alleged debt and have bank statements that indicate this.

6. The Claimants statement of case states that the account was assigned from xxxxx to Perch Capital on xx September 2023. The Defendant does not recall receiving notice of this assignment.

7. On xx April the Defendant received a notice before action from TM Legal. The Defendant replied the same day explaining that the debt was disputed and why. The defendant has received no reply to this letter.

8. On the xx July 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. The Defendant requested the Claimant provide the utility bill from the cited period, a Default Notice and Notice of Assignment. The Defendant followed this up with a reminder on xx August 2024. Both requests were sent via recorded post.

9. The Claimant has not sent any of these documents to the Defendant or responded at all.

10. 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.

11. 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.

12. 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.

13. 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 ________

[richto]

Thank you so much. Yes I was referring to the question asked regarding a counterclaim. I understand the alleged debt from me can be assigned.

Ready to post tomorrow.

[echat11]

Thank you so much. Yes I was referring to the question asked regarding a counterclaim. I understand the alleged debt from me can be assigned.

Ready to post tomorrow.

Make sure you get Proof of Postage.

You might get the requested info i.e. CPR etc.

Update the thread when you get anything through.

[richto]

So just received a default CCJ judgement saying I had not replied to the claim. Fortunately I had sent it recorded and within date. Phoned them and they told me to send a specific email with the details. Have done so....

[echat11]

So just received a default CCJ judgement saying I had not replied to the claim. Fortunately I had sent it recorded and within date. Phoned them and they told me to send a specific email with the details. Have done so....

Update when you get an update.

[richto]

The automated response from Tuesday morning says they will reply within 10 days. I marked it "UNPROCESSED DOCUMENTS" and high priority email as they suggested. Should I wait ten days or do anything else?

[echat11]

The automated response from Tuesday morning says they will reply within 10 days. I marked it "UNPROCESSED DOCUMENTS" and high priority email as they suggested. Should I wait ten days or do anything else?

I would just wait, you've done what they 'said you should do'.

[richto]

Been over a week, so I called them again. The lady was very helpful, said there is a massive backlog and it would be investigated. This time she registered a "data loss" event on my case account itself and added the tracking. Assured me that as this was not my fault that it would eventually be resolved. Give it at least another week I was told.

Must add more work to sort this stuff out than to have the staff to process it in on time the first place. So glad I sent it recorded.

[richto]

So 2 weeks, no reply so chased it by forwarding the original email with all attachments again with a covering note. About an hour later got a reply saying I needed to submit it with tracking number and defence!. Which they had copied back to me on my original email!

Emailed them again gently pointing this out. Finally got a reply from a "Team Leader" apologising and stating that the judgement had finally been struck out. So now I wait to hear from the court.

[echat11]

Thanks for the update.