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Re: Co-op energy vs Johnybegoodtoday - £5k - NOT MY DEBT - Not my account number
Hi Chaps, URGENT AND LAST MINUTE, PLEASE ADVISE IF OK?
As expected no replies from any requests for info – makes me think that they have just purchased a debt.
And so to my defence…… Standard paragraphs with the changes I have made in Bold
Please can you just check before I send out? Very much grateful if you can….. Johnybegoodtoday,
…… Preliminary Matters
1. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
2. The Claimants claim form fails to give adequate information to enable the defendant to properly assess his position with regards the claim.
3. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred or the degree of default and despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendant contends that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately.
4. The Defendant accepts the claim was issued in the Northampton County Court Business Centre and that there are restrictions on pleading. However the business centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.
The Claim
5. The Claimant states the claim relates to a “gas and/or electricity” account number MCCOEXXXXXX which the defendant does not recognise and has no knowledge of and without further details the Defendant is unable to identify such an account within his own records.
6. The particulars of claim fail to state when the agreement was entered into or whether it was for gas alone, electricity alone or both gas and electricity and therefore fails to state specifically what the agreement was for.
7. Upon the Claimant clarifying matters set out above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.
8. In respect of matters, which the Defendant is able to plead to, on the 24th May, 26th May and the 27th May 2016 the Defendant sent “recorded delivery” requests for information to the Claimant. The requests were made to ascertain the details of the account number for which the Claimant was demanding payment under and to obtain further information about the terms of the contract as well as the meter serial numbers and meter readings being used to calculate the amount being claimed.
9. The Claimant has failed to reply and has not disclosed any documents relating to their claim to the Defendant.
10. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that any agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to further information requests and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.
11. The Defendant has also sent “recorded delivery” a request for inspection of documents on the 26th May 2016 to HLW Keeble Hawson mentioned in their statement of case as allowed under CPR 31.14. The Claimant has not replied to this letter.
12. The Defendant has also sent “recorded delivery” on the 27th May 2016 to the Claimant, a request for an extension of time for filing a defence pending receipt of documents (as allowed under CPR 15.5) due to the failure of the Claimant in not suppling enough information on the particulars of claim. The Claimant did not respond to this request.
13. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.
Conclusion
Accordingly, the Defendant avers that
14. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.
15. The Claimants attempts at claiming post judgement interest are incorrectly calculated on the amounts suggested on the Particulars of Claim and are an attempt at unjust enrichment. Interest being owed as claimed is denied.
16. Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs…………..
Anything missing or that should not be there @nemesis45 and @Amethyst and [MENTION=71570]R0b[/MENTION]?
DEADLINE FOR DEFENCE - 10th June 2016
Hi Chaps, URGENT AND LAST MINUTE, PLEASE ADVISE IF OK?
As expected no replies from any requests for info – makes me think that they have just purchased a debt.
And so to my defence…… Standard paragraphs with the changes I have made in Bold
Please can you just check before I send out? Very much grateful if you can….. Johnybegoodtoday,
…… Preliminary Matters
1. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
2. The Claimants claim form fails to give adequate information to enable the defendant to properly assess his position with regards the claim.
3. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred or the degree of default and despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendant contends that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately.
4. The Defendant accepts the claim was issued in the Northampton County Court Business Centre and that there are restrictions on pleading. However the business centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.
The Claim
5. The Claimant states the claim relates to a “gas and/or electricity” account number MCCOEXXXXXX which the defendant does not recognise and has no knowledge of and without further details the Defendant is unable to identify such an account within his own records.
6. The particulars of claim fail to state when the agreement was entered into or whether it was for gas alone, electricity alone or both gas and electricity and therefore fails to state specifically what the agreement was for.
7. Upon the Claimant clarifying matters set out above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.
8. In respect of matters, which the Defendant is able to plead to, on the 24th May, 26th May and the 27th May 2016 the Defendant sent “recorded delivery” requests for information to the Claimant. The requests were made to ascertain the details of the account number for which the Claimant was demanding payment under and to obtain further information about the terms of the contract as well as the meter serial numbers and meter readings being used to calculate the amount being claimed.
9. The Claimant has failed to reply and has not disclosed any documents relating to their claim to the Defendant.
10. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that any agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to further information requests and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.
11. The Defendant has also sent “recorded delivery” a request for inspection of documents on the 26th May 2016 to HLW Keeble Hawson mentioned in their statement of case as allowed under CPR 31.14. The Claimant has not replied to this letter.
12. The Defendant has also sent “recorded delivery” on the 27th May 2016 to the Claimant, a request for an extension of time for filing a defence pending receipt of documents (as allowed under CPR 15.5) due to the failure of the Claimant in not suppling enough information on the particulars of claim. The Claimant did not respond to this request.
13. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.
Conclusion
Accordingly, the Defendant avers that
14. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.
15. The Claimants attempts at claiming post judgement interest are incorrectly calculated on the amounts suggested on the Particulars of Claim and are an attempt at unjust enrichment. Interest being owed as claimed is denied.
16. Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs…………..
Anything missing or that should not be there @nemesis45 and @Amethyst and [MENTION=71570]R0b[/MENTION]?
DEADLINE FOR DEFENCE - 10th June 2016
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