Claim against landlord/me for unpaid tenant bills by DCA of Insolvent Orbit Energy

[echat11]

1. Even though they do not handle the account anymore, do they still not have an obligation to provide me with any data pertaining to myself under the GDPR.

Alvarez and Marsal should be able to tell you exactly who has all the data under your name / account.
As for BSB, they are debt mainly debt collectors, so won't be given all data / information.

2. If No, do they not have an obligation to request such data from the current holder, or owner of the account and send it to me, or at least direct them to send it to me.

Yes, they should pass on your communications to their client and respond back to you.

3. If No, do they have the obligation to at least provide me with the details of the new holder, and how to request my data from the.

Yes, you would think that they would know whats going on.

4. If No to all, is it still worth reporting them to the ICO for not providing a response in writing within the 30 days required, to see if the ICO can force there hand to do the needful.

Not at this stage, put a 'hold' on that.

[masterchij]

1. Even though they do not handle the account anymore, do they still not have an obligation to provide me with any data pertaining to myself under the GDPR.

Alvarez and Marsal should be able to tell you exactly who has all the data under your name / account.
As for BSB, they are debt mainly debt collectors, so won't be given all data / information.

2. If No, do they not have an obligation to request such data from the current holder, or owner of the account and send it to me, or at least direct them to send it to me.

Yes, they should pass on your communications to their client and respond back to you.

3. If No, do they have the obligation to at least provide me with the details of the new holder, and how to request my data from the.

Yes, you would think that they would know whats going on.

4. If No to all, is it still worth reporting them to the ICO for not providing a response in writing within the 30 days required, to see if the ICO can force there hand to do the needful.

Not at this stage, put a 'hold' on that.

Thanks for this.

I have now recieved a hearing date from the court. Its the 15th of January.

What is the latest I have to submit my witness statement to the court for the hearing?

[echat11]

Thanks for this.

I have now recieved a hearing date from the court. Its the 15th of January.

What is the latest I have to submit my witness statement to the court for the hearing?

You should receive Orders from the Court, i.e. one of the points would be that parties exchange Witness Statements 14 days before the Hearing etc.

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

Posted for information only - https://hallellis.co.uk/preparing-witness-statements/

You don't want to be panicking, so start it in the next few days, you just need some headings for structure, short paragraphs, number points and pages. Cross reference evidence in the Witness Statement.

[masterchij]

There has been an interesting development


Alvarez and Marsal have replied stating that they have passed back all the Orbit energy data back to the Orbit Energy directors after they completed the administration process in Nov 2023, thereby handing back the reins of the company to Orbit Energy.(see attached)

As Orbit Energy are now back from administration, does any debt collector have the grounds to collect debt on their behalf on the premise of them being "in administration"?

if so, does this mean that TM Legal/Perch Capital cannot bring a claim against me, and any such claim has to be from Orbit energy directly?

Am I over thinking this?

[masterchij]

You should receive Orders from the Court, i.e. one of the points would be that parties exchange Witness Statements 14 days before the Hearing etc.

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

Posted for information only - https://hallellis.co.uk/preparing-witness-statements/

You don't want to be panicking, so start it in the next few days, you just need some headings for structure, short paragraphs, number points and pages. Cross reference evidence in the Witness Statement.

Thanks again for your reply. Very helpful.

I have already started working on my witness statement, but awaiting any information from the SAR that might work in my favour before I can close it out.

I am guessing the 14 for witness statements also applies to hearings for a set aside judgement.

Please can you look at my latest post in the thread and see if you can advise, its a new development from today.

[echat11]

There has been an interesting development


Alvarez and Marsal have replied stating that they have passed back all the Orbit energy data back to the Orbit Energy directors after they completed the administration process in Nov 2023, thereby handing back the reins of the company to Orbit Energy.(see attached)

As Orbit Energy are now back from administration, does any debt collector have the grounds to collect debt on their behalf on the premise of them being "in administration"?

if so, does this mean that TM Legal/Perch Capital cannot bring a claim against me, and any such claim has to be from Orbit energy directly?

Am I over thinking this?

Orbit has come out of Administration in November 2023, but prior to that, they must of sold off the accounts which are in debt to Perch Capital. Perch Capital is the Claimant. Orbit's accounts without debt were moved to Scottish Power.

I think that's what happened. Alvarez and Marsal might be able to clear that up.

[echat11]

Thanks again for your reply. Very helpful.

I have already started working on my witness statement, but awaiting any information from the SAR that might work in my favour before I can close it out.

I am guessing the 14 for witness statements also applies to hearings for a set aside judgement.

Please can you look at my latest post in the thread and see if you can advise, its a new development from today.

I think this is the best course of action.

'I am guessing the 14 for witness statements also applies to hearings for a set aside judgement'

Getting your data has been problematic because customers weren't informed where to go to locate their own account data.

Before you request a set a side, ring the Court, if there is a back log / holidays, it might get postponed by the Court.

[masterchij]

Orbit has come out of Administration in November 2023, but prior to that, they must of sold off the accounts which are in debt to Perch Capital. Perch Capital is the Claimant. Orbit's accounts without debt were moved to Scottish Power.

I think that's what happened. Alvarez and Marsal might be able to clear that up.

I have replied A&M asking them to clarify who sold "my Orbit energy account" to perch Capital. I have also asked them to provide an email address and contact for the Orbit Energy directors the company was handed back to, so I can get a SAR.

Is it worth issuing an SAR to Perch Capital as well

[echat11]

I have replied A&M asking them to clarify who sold "my Orbit energy account" to perch Capital. I have also asked them to provide an email address and contact for the Orbit Energy directors the company was handed back to, so I can get a SAR.

Is it worth issuing an SAR to Perch Capital as well

Good, getting account data so important.

Yes, send Perch Capital a SAR, it's costs nothing, you might get more evidence on how they've handled you account.

[masterchij]

Good, getting account data so important.

Yes, send Perch Capital a SAR, it's costs nothing, you might get more evidence on how they've handled you account.

The SAR request to Perch Capital seems to be paying dividends already.

There is now a small chance this might yet be settled out of court.

Thanks for the advise

[echat11]

The SAR request to Perch Capital seems to be paying dividends already.

There is now a small chance this might yet be settled out of court.

Thanks for the advise

Update when you have more information.

[masterchij]

Update when you have more information.

I just received the below offer from Perch Capital.

Can a Landlord be held liable for standing charges on a tariff they did not sign up to?

[echat11]

I just received the below offer from Perch Capital.

Can a Landlord be held liable for standing charges on a tariff they did not sign up to?

I can't read it, it's not very clear. But if the Tenancy Agreement says that the Tenant is responsible for usage and Standing Charges then that is the sole responsibility of the Tenant. Logically if they've dropped the 'usage' charges, then the Standing Charges drop away to.

As for there Court fees, there are no monies to recover, so in effect a they've started a Court Claim hoping to 'ambush' you into paying money you don't owe.

I'd tell them to 'withdraw' the case, if they fail to do so you'll consider taken action against them for 'harassment' under the Prevention from Harassment Act 1997. They've been chasing you for money that you don't owe and they've known that. This has caused you considerable stress etc.

[masterchij]

I can't read it, it's not very clear. But if the Tenancy Agreement says that the Tenant is responsible for usage and Standing Charges then that is the sole responsibility of the Tenant. Logically if they've dropped the 'usage' charges, then the Standing Charges drop away to.

As for there Court fees, there are no monies to recover, so in effect a they've started a Court Claim hoping to 'ambush' you into paying money you don't owe.

I'd tell them to 'withdraw' the case, if they fail to do so you'll consider taken action against them for 'harassment' under the Prevention from Harassment Act 1997. They've been chasing you for money that you don't owe and they've known that. This has caused you considerable stress etc.

Thanks for this.

Apologies for the ineligibility of the attachment.

Basically they are trying to claim standing charges for the periods before and after tenancies when the property was unoccupied up to the point Orbit energy went into administration.

I was going to reply along the lines of "I never took out any tariff or contract with Orbit energy to begin with, so cannot be liable for standing charges I never agreed to pay seeing as there are tariffs that do not include standing charges".

I was going to back this up by saying if they did not drop the claim before it goes to hearing, that I would petition the Judge that they pay me the £303 set aside fee along with my costs for attending the hearing.

However am happy I did not go ahead to reply and instead seek your advise, because I think adding that I would come after them for harassment, would just be the icing on the cake. This is very valid as well given that the CCJ has already made life difficult for me financially as my credit score is currently digging for oil.

What are your thoughts?

[echat11]

To date how much have you spent on Court fees?

If you paid fees, then you need to rethink the last paragraph (you shouldn't be out of pocket).

'Please note that I have never taken out a contract with Orbit Energy, so cannot be liable for any alleged 'Standing charges'.

Please also note that XXXXXXX has pursued me for an alleged debt which does not exist, I'm minded to remind XXXXXXX that, that under the Prevention from Harassment Act 1997 that would constitute 'harassment'. This has caused me considerable stress both in terms of my wellbeing but also my ability to obtain credit from providers.

If the claim is not withdrawn and it proceeds to a Hearing, then I will petition the Judge that the Creditor reimburses me the £303 set aside fee along with my costs for attending the hearing.'