Corona Energy

[McGinty]

Hi there

I need urgent advice on this please. I took a local authority workshop on in 2014 and the lease is in the name of a limited company. Corona Energy kept sending bills in my name personally despite several calls asking them to change it to the limited company.
They issued county court proceedings a while back and this is due to be heard on the 18th of this month. I have constantly told them the lease and the business is not in my name but the limited company. I have received documents from their solicitor and included in them was an email from a council employee saying that I was the lease holder. They are relying on this as their evidence. I have since contacted this employee and advised her to check the facts, which she has done and sent an email both to myself and Corona Energy stating that the original information she supplied was incorrect.
Corona Energy have now issued a new invoice in the name of the limited company which is good news at last. (the reason it was not paid originally was that there was a dispute over the meter reading they used and the bill was about £1200).
I think I still have to file a defence?- but not sure of the correct procedure. I don't want to lose by default. Given that they ignored me advising them it was wrong and never investigated this prior to issuing proceedings should I make a claim for costs? I must have spent in excess of 20 hours dealing with this.

Mc

[McGinty]

Re: Corona Energy

Just realised I have posted this in the incorrect forum-can it be corrected please? Mc

[Kati]

Re: Corona Energy

Just realised I have posted this in the incorrect forum-can it be corrected please? Mc

Done ... I'm sure you'll get advice soon xx

[McGinty]

Re: Corona Energy

Thank you Kati, Mc

[McGinty]

Re: Corona Energy

Just an update on this which may help others. I have had to involve a solicitor in this matter and spoke with her today. Corona Energy and their solicitor have totally ignored the information supplied to them. The lease is in the company name and not me personally. I have had to pay my solicitor £550 today as it is beyond me the workings of the court. These utilities companies and indeed anyone can issue proceedings against another person without sound proof. If that person is unable or can't afford to defend themselves then it is very likely they will end up with a CCj regardless of whether there is a debt owed. At county Court level you cannot claim costs-or so I am told by my solicitor. Before it starts I am £550 out of pocket. What is fair about our justice system?
Mc

[CYNthesys]

Re: Corona Energy

Nothing
In my opinion its not about justice its about control, ie keeping the peasants down

[McGinty]

Re: Corona Energy

Can someone bump this please? I know I have a solicitor but I trust them about as much as I trust the energy companies.

[R0b]

Re: Corona Energy

Have you written your defence already or you still need to submit your defence?

If they have put you instead of the company then the the claim should be struck out because they have got the wrong claimant despite being supplied with the relevant information. Has your solicitor pointed that out to them?

[McGinty]

Re: Corona Energy

My defence has already been filed. They have been told for two years now that it is the limited company's responsibility. Their solicitor is based in Hatton Garden so he will spin this for as long as possible with Corona -he'll need the money for the rent!
It is frustrating as I have told them and also sent a copy of the front and back page of the lease agreement which shows clearly it is in the company name. The hearing on Friday gone was adjourned due to lack of court time. It is rescheduled for the 5th April. What annoys me with this is the system is wrong, what would happen if they had done this to an elderly person? They are basing the whole show on an email from the council -from 2013-whereby a lady in the estates department informed Corona that I was personally liable in the form of a T/A name. Totally incorrect. I have since contacted the lady and she has sent a correction to Corona on which they reissued the bill in the correct name. Their solicitor spoke to me and told me it had been overturned-presumably by Corona-and that the case would proceed and he said due to my conduct he was going for costs! I have not done anything wrong only try to make them see sense. Surely this is a case whereby the judge should be having a go at the solicitor for wasting court time? Mc

[R0b]

Re: Corona Energy

The general rule is that where the name of the defendant is on the claim form, the defendant should promptly bring it to the claimant's attention so that they can amend it accordingly. Failure to do so could potentially result in the claim being struck out, but also you claiming costs as a result of them refusing to amend the claim and substitute the name.

If you have warned the solicitor in plenty of time, then it will be the solicitors fault and could be in for a telling off when they arrive at court because they have not acted on the information you have supplied. Your solicitor should really be advising their solicitor that you informed them in plenty of time and that by failing to act you will be seeking to have the claim struck out on the basis of the wrongly named defendant. You should also seek a wasted costs order against the solicitor personally for his actions and conduct himself.

The solicitor should either discontinue the claim or substitute the correct party as explained above. Does the particulars of claim refer to the company owing the bills or that you specifically owing the bills?

Everything should be evidenced n writing and it may be wise to send a further letter to the other side explaining that if they proceed to then you will defend it and bring to the courts attention of the previous correspondence and the fact hat the council admitted the incorrect debtor and rectified this in a written email/letter.

I would expect the judge to dismiss it on the grounds of wrong defendant and award costs to yourself but if there is a mistake as to the name only and the particulars can be identified as the company, then the judge may use discretion to substitute under CPR 19.

is this a small claims case?

[McGinty]

Re: Corona Energy

I have called them several times to point this out but they just wont budge-hence me getting a solicitor. The claim uses my name in a t/a form. They have been told umteen times I was not the tenant but have told them it was the Limited company and they were given part of the lease agreement as proof of this. I will be giving my solicitor a full run down of what has happened so far and see what she says.

Mc

[R0b]

Re: Corona Energy

I have called them several times to point this out but they just wont budge-hence me getting a solicitor. The claim uses my name in a t/a form. They have been told umteen times I was not the tenant but have told them it was the Limited company and they were given part of the lease agreement as proof of this. I will be giving my solicitor a full run down of what has happened so far and see what she says.

Mc

Well you have a solicitor on board so thye should be taking care of this however you should at least be seeking a wasted costs order against the claimant and/or the solicitor under CPR 46.8 or it should at least be considered

[McGinty]

Re: Corona Energy

Thanks for the advice and I will ask the solicitor on the points you raised above. I am not going to let them do this sort of thing and think they can get away with it. I will be after costs if I can. Mc