Hi all,
I would really appreciate any help and advise with my current court case.
This issue has been ongoing since May 2021 when Orbit Energy first contacted me requesting payment of a £3000 Gas and Electric bill for my property which I no longer lived in but was renting under a Tenancy agreement. The bill apparently was for almost 2 years of energy usage. At the time, I provided Orbit Energy details of the previous Tenants, including the Tenancy agreement which showed they are responsible for the bills. Orbit Energy never replied my email providing them al these details even after being chased twice in June 2021. I thought the issue was resolved at this point.
The following year 2022 I was then chased for the same debt by Barratt Smith Browns, who said that Orbit Energy was not insolvent and they were acting to recover debts on their behalf. I spoke to the Orbit Energy Administrators Alvarez and Marsal relaying the above communications with Orbit Energy, but they asked me to deal with BSB who work on their behalf. I the provided all the same details and information to BSB who replied saying they would chase after the tenants using the details I provided.
I did not hear from BSB again after this, so thought issue was finally resolved, but early 2023, I got emails from ACI, who I forwarded all my communications with BSB, but they kept sending nuisance letters and emails which I ignored for the whole year.
Fast-forward to mid 2024, I now started receiving emails and letters from TM Legal (owned by Perch Capital) chasing the same debt. I sent them all the same information, but they persisted and I ignored, till they finally issued a court claim in September 2024.
I filed an AOS, but got my 28 day window to file a defence mixed up, (i.e. 28 days from issue and not 28 days from AOS), which led to a default judgement being issued against me
I have now made a set aside application, using the details in the paragraphs above as reason to show I have a good chance of defending the claim successfully and I am also prayed the court would take into consideration the promptness of the application (a day after judgement)
I sent a request to TM Legal to consent to set aside the judgment, as I read this can help reduce both our costs claimable. I am waiting a response.
In the meantime, I am working on my witness statement ahead of hopefully a set aside hearing and I need advise on the following;
a) Are there any statutory laws/acts/instruments that prevent claimants being able to pursue people for debts by association to the debtor (i.e. landlord tenant relationship)
b) Are there any statutory laws/acts/instruments that prevent debts to be chased on behalf of a company who have now completed their administration process. Orbit energy started the process on 1/12/2021 and completed it on 28/11/2023
c) Is there any precedence already set in similar cases I can include in my witness statement
d) I found the Orbit Energy staff I was emailing at the time on LinkedIn. Could they be of any help to me in this case
e) Is there anything that would make the claim statute barred? The particulars of claim show they are claiming for a utility usage period that started in August 2018
I was also wondering if there is anything else I should have done while awaiting a response from the court on the set aside application.
Finally am I allowed to post a redacted witness statement on this platform when complete for the experts to critique it?
Much appreciate all the help I can get in advance
I would really appreciate any help and advise with my current court case.
This issue has been ongoing since May 2021 when Orbit Energy first contacted me requesting payment of a £3000 Gas and Electric bill for my property which I no longer lived in but was renting under a Tenancy agreement. The bill apparently was for almost 2 years of energy usage. At the time, I provided Orbit Energy details of the previous Tenants, including the Tenancy agreement which showed they are responsible for the bills. Orbit Energy never replied my email providing them al these details even after being chased twice in June 2021. I thought the issue was resolved at this point.
The following year 2022 I was then chased for the same debt by Barratt Smith Browns, who said that Orbit Energy was not insolvent and they were acting to recover debts on their behalf. I spoke to the Orbit Energy Administrators Alvarez and Marsal relaying the above communications with Orbit Energy, but they asked me to deal with BSB who work on their behalf. I the provided all the same details and information to BSB who replied saying they would chase after the tenants using the details I provided.
I did not hear from BSB again after this, so thought issue was finally resolved, but early 2023, I got emails from ACI, who I forwarded all my communications with BSB, but they kept sending nuisance letters and emails which I ignored for the whole year.
Fast-forward to mid 2024, I now started receiving emails and letters from TM Legal (owned by Perch Capital) chasing the same debt. I sent them all the same information, but they persisted and I ignored, till they finally issued a court claim in September 2024.
I filed an AOS, but got my 28 day window to file a defence mixed up, (i.e. 28 days from issue and not 28 days from AOS), which led to a default judgement being issued against me
I have now made a set aside application, using the details in the paragraphs above as reason to show I have a good chance of defending the claim successfully and I am also prayed the court would take into consideration the promptness of the application (a day after judgement)
I sent a request to TM Legal to consent to set aside the judgment, as I read this can help reduce both our costs claimable. I am waiting a response.
In the meantime, I am working on my witness statement ahead of hopefully a set aside hearing and I need advise on the following;
a) Are there any statutory laws/acts/instruments that prevent claimants being able to pursue people for debts by association to the debtor (i.e. landlord tenant relationship)
b) Are there any statutory laws/acts/instruments that prevent debts to be chased on behalf of a company who have now completed their administration process. Orbit energy started the process on 1/12/2021 and completed it on 28/11/2023
c) Is there any precedence already set in similar cases I can include in my witness statement
d) I found the Orbit Energy staff I was emailing at the time on LinkedIn. Could they be of any help to me in this case
e) Is there anything that would make the claim statute barred? The particulars of claim show they are claiming for a utility usage period that started in August 2018
I was also wondering if there is anything else I should have done while awaiting a response from the court on the set aside application.
Finally am I allowed to post a redacted witness statement on this platform when complete for the experts to critique it?
Much appreciate all the help I can get in advance
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