County Court Claim from British Gas

[Emdubs]

Claim No: [XXXXX]

New British Gas Limited

Claimant

And

Defendant

DEFENCE

1.The Defendant received the claim Claim Number from the Northampton County Court on Date you received the claim



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

3.This claim is for a debt in respect of alleged goods supplied, installed, and/or work done.



4.It is denied that the Defendant has entered into an agreement with the Claimant for the supply of goods or work to be done.



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 Claimants Particulars of Claim fail to state when the agreement was entered into



7. On the 18/10/2024 The Defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimants Solicitor. I requested the Claimant provide copies of the Invoice, T&Cs, Preinstall Survey



8. Claimant’s Solicitor has not sent all of these documents to the Defendant. Stating that they are not available.



9. 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.



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.



17.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.



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

Statement of Truth

[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands 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 ________________________________

[Pezza54]

Please read Practice Direction 1A -Participation of Vulnerable Parties or Witnesses

You should add to the defence to inform the court about the mental incapabilities of the defendant, LPA etc and that the the claimant's employee appears to have taken advantage of the defendant

In 5 change "me" to "the Defendant" and "I" to "his"

In 7 change "I" to "the Defendant"

[Pezza54]

Is the defendant registered with BG as a vulnerable person?
BG claim to be a Dementia Friendly Organisation and have over 21k Dementia Friends

What does the defendant recall about face to face conversations with BG's employee?

[echat11]

Have a read of the following, read it several times (is it factually correct?), if you are happy with it, then it can be lodged with the Court via MCOL. Added Pezza's suggestions.


Claim No: XXXXX

New British Gas Limited

Claimant

And

XXXXXXXXXXX

Defendant

DEFENCE

1.The Defendant received the claim XXXXXXXXX from the Northampton County Court on 4th October 2024.

2.The Defendant is a 'Vulnerable Person' who suffers from Dementia, this has been the case for many years and is evidenced by the Defendants Medical Records. The Defendant has a Lasting Power of Attorney in place.

3.British Gas and it's employees has failed to recognise and act in accordance to their obligations towards 'Vulnerable Persons' with Dementia.

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

5.This claim is for a debt in respect of alleged goods supplied, installed, and/or work done.

6.It is denied that the Defendant has entered into an agreement with the Claimant for the supply of goods, the installation or work to be done.

7.The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim.

8.The Claimants Particulars of Claim fail to state when the agreement was entered into

9.On the 18/10/2024 the Defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimants Solicitor. The Defendant requested the Claimant provide copies of the Pre - installation Survey, Terms and Conditions and Invoice.

10.Claimant’s Solicitor has not sent all of these documents to the Defendant. Stating that 'they are not available'.

11.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.

12.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.

13.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.

14.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.

15.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 ________________________________

[Emdubs]

Thank you for your replies and apologies about the delay. The sols agreed to place the case on hold until i received the DSAR from BG.

Ive now received this,

to answer your q's Pezza54 whilst in my complaint they state they have no record of the vulnerabilities, the DSAR reveals 1. they have document call out sheet from an engineer from several years ago that notes she is medically vulnerable and has disablements 2. the phone call booking the engineer visit for an inspection of the boiler in question reveals that the call assistant form BG asks the question 'is anyone in the property medically vulnerable' and the defendant answers 'yes i am' the call assistance just ignores and moves on!

Given this info, i would like to counterclaim against BG for negligence as harassment of a vulnerable person (if that is a thing) but in terms of this claim, do you think I should add or make any amendment to the defence kindly provided by echat11 ?

[Pezza54]

IMO you should keep back the response to the SAR for the defendant's witness statement. Items 2 and 3 in the defence are sufficiently damming. Wait to see if the claimant files a reply to defence with their DQ
Is the defendant male or female? Item 7 in the defendants states "his" but SAR response states "she"

[echat11]

Thank you for your replies and apologies about the delay. The sols agreed to place the case on hold until i received the DSAR from BG.

Ive now received this,

to answer your q's Pezza54 whilst in my complaint they state they have no record of the vulnerabilities, the DSAR reveals 1. they have document call out sheet from an engineer from several years ago that notes she is medically vulnerable and has disablements 2. the phone call booking the engineer visit for an inspection of the boiler in question reveals that the call assistant form BG asks the question 'is anyone in the property medically vulnerable' and the defendant answers 'yes i am' the call assistance just ignores and moves on!

Given this info, i would like to counterclaim against BG for negligence as harassment of a vulnerable person (if that is a thing) but in terms of this claim, do you think I should add or make any amendment to the defence kindly provided by echat11 ?

That's good, you now have information that British Gas knew that the Defendant' was a 'vulnerable customer', it's in their 'own words'.

You don't need to amend the Defence, it's fine as it is. You more then likely will have an opportunity at Mediation to resolve the Claim. The DSAR evidence can be presented in the Defendants Witness Statement before the Hearing, but the Court will instruct you on this.

[Emdubs]

excellent, thank you both. Will get the defence submitted!

[Emdubs]

Hi all,

Excuse the delays with this as it has been ongoing.

Mediation did yield anything. They made small discounted offers of settlement but nothing significant. They has since made another withiut prejudice offer but again nothing we are willing to settle on.

We are now in a position where the court had ordered a medical report to understand capacity and the need for a litigation friend.

Upon receipt of the report, the sols have now order that I become a litigation Friend or they have made notice that they will apply to the court that a solicotor is appointed on the defendants behalf of which she must bare the costs.

Im a little out of depth here. I initially refused to be a LG as was in no position at the time to be so but given their insistence, is wise that i agree?

Any advice here would be great.

TIA

[echat11]

Hi all,

Excuse the delays with this as it has been ongoing.

Mediation did yield anything. They made small discounted offers of settlement but nothing significant. They has since made another withiut prejudice offer but again nothing we are willing to settle on.

We are now in a position where the court had ordered a medical report to understand capacity and the need for a litigation friend.

Upon receipt of the report, the sols have now order that I become a litigation Friend or they have made notice that they will apply to the court that a solicotor is appointed on the defendants behalf of which she must bare the costs.

Im a little out of depth here. I initially refused to be a LG as was in no position at the time to be so but given their insistence, is wise that i agree?

Any advice here would be great.

TIA

See if any of the entities in the link can help - https://www.lawworks.org.uk/legal-advice-individuals

[Emdubs]

Hi is anyone else able to offer anything different other than referring me to the CAB etc please?

[echat11]

The following is exactly why you need help other then from yourself, you are saying you are 'struggling' with this, your relative can't deal with this.
The Medical Report you can get, but you need to seek help.

https://www.alzheimers.org.uk/get-su...o-legal-advice

'We are now in a position where the court had ordered a medical report to understand capacity and the need for a litigation friend.

Upon receipt of the report, the sols have now order that I become a litigation Friend or they have made notice that they will apply to the court that a solicotor is appointed on the defendants behalf of which she must bare the costs.

Im a little out of depth here. I initially refused to be a LG as was in no position at the time to be so but given their insistence, is wise that i agree?'.

[Emdubs]

ok thanks. I just meant some guidance in terms of pushing back on the solicitors requests for a LF.

Position is now that the Medical report has been provided, I've filed the necessary documentation to become the LF and the case will now continue.

Any guidance in terms of the claim please?

[echat11]

ok thanks. I just meant some guidance in terms of pushing back on the solicitors requests for a LF.

Position is now that the Medical report has been provided, I've filed the necessary documentation to become the LF and the case will now continue.

Any guidance in terms of the claim please?

You've had Mediation, you (your appointed solicitor) needs to prepare a Witness Statement, with all the evidence you have.
Then you'll have a hearing. The appointed solicitor may not have the expertise, someone who deals with 'dementia' matters,
but also consumer law. That's why I'm saying contact groups who can advise here, recommend several specialist solicitors.

https://legalbeagles.info/forums/for...ess-statement/