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Hello, this is my first post so please be patient with me.
A friend of mine was living in a rented house with his partner and her child, they were advised by the letting agent that he would attend to take a meter reading and that once he had done that they should establish gas service in their own name.
The letting agent never turned up to read the meter, and (for one reason or another) the agent was sacked by the landlord and a new lettings agency were appointed.
At this point my friend contacted British gas to establish his own gas supply but was informed that the company who currently supplied the gas were a commercial supplier and British gas were unable to gain their cooperation.
My friend contacted the commercial supplier and asked that they cooperate with British gas as he was a residential customer and not a commercial one
From here my friend continued to receive invoices, until they obtained a warrant and disconnected him (no prior visit to establish vulnerability and no disconnection notice)
My friend was able after the disconnection to establish residential service and put the whole episode down to bad management on the part of the original supplier and forgot about the (we believe unlawful) invoices.
These guys have instructed solicitors to collect the debt who have entered a claim with the Northampton CCBCS (I think those are the right letters it's late)
We sent a CPR31.14 Request for particulars of claim as none were supplied with the claim form and there was no indication that they would follow.
The documents mentioned in the POC were "invoices rendered between x date and x date"
The CPR request was sent on the 14th and not signed for until the 21st, allowing 7 days for them to comply took us right up to the date by which he had to enter a defence. We called the court and they advised us to call the claimants' solicitor and ask for an extension, they asked me to put it in writing via email which we did, and we received no reply. The court advised that he should still enter a defence as judgement would be made by default if he didn't.
Since the claimants solicitor did not reply to the CPR request within the given time and only on the 6th of February they sent a letter back stating that their clients think my friend has "Somewhat of a cheek" for making the request as he is "well aware of the history of the case".
They have attached some customer service logs (which weren't mentioned in the particulars of claim) So I believe they have not complied with our CPR request.
We wanted to file an N244 asking that the case be struck out. We're stuck now. What are our options, can we still ask that the case be struck out for non compliance? Do they even have a case demanding commercial gas charges be paid by a residential customer? Does my mate have a leg to stand on?
Please help
A friend of mine was living in a rented house with his partner and her child, they were advised by the letting agent that he would attend to take a meter reading and that once he had done that they should establish gas service in their own name.
The letting agent never turned up to read the meter, and (for one reason or another) the agent was sacked by the landlord and a new lettings agency were appointed.
At this point my friend contacted British gas to establish his own gas supply but was informed that the company who currently supplied the gas were a commercial supplier and British gas were unable to gain their cooperation.
My friend contacted the commercial supplier and asked that they cooperate with British gas as he was a residential customer and not a commercial one
From here my friend continued to receive invoices, until they obtained a warrant and disconnected him (no prior visit to establish vulnerability and no disconnection notice)
My friend was able after the disconnection to establish residential service and put the whole episode down to bad management on the part of the original supplier and forgot about the (we believe unlawful) invoices.
These guys have instructed solicitors to collect the debt who have entered a claim with the Northampton CCBCS (I think those are the right letters it's late)
We sent a CPR31.14 Request for particulars of claim as none were supplied with the claim form and there was no indication that they would follow.
The documents mentioned in the POC were "invoices rendered between x date and x date"
The CPR request was sent on the 14th and not signed for until the 21st, allowing 7 days for them to comply took us right up to the date by which he had to enter a defence. We called the court and they advised us to call the claimants' solicitor and ask for an extension, they asked me to put it in writing via email which we did, and we received no reply. The court advised that he should still enter a defence as judgement would be made by default if he didn't.
Since the claimants solicitor did not reply to the CPR request within the given time and only on the 6th of February they sent a letter back stating that their clients think my friend has "Somewhat of a cheek" for making the request as he is "well aware of the history of the case".
They have attached some customer service logs (which weren't mentioned in the particulars of claim) So I believe they have not complied with our CPR request.
We wanted to file an N244 asking that the case be struck out. We're stuck now. What are our options, can we still ask that the case be struck out for non compliance? Do they even have a case demanding commercial gas charges be paid by a residential customer? Does my mate have a leg to stand on?
Please help
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