Lowell Court claim - amended defence

[emmaphill]

Hi
I received a court claim from Overdales solicitors on 4th July for an EON debt at an address I have not lived at for over 8 years but they are saying it was incurred in 2018.
The particulars of claim were very vague and so i submitted a request for them to provide a copy of the contractual Agreement and a copy of the notice of assignment under civil Procedure Rule 31.14 on the 17th July 2023. The information had not arrived so I had to submit defence on the 1st August. I received documentation from them on the 3rd August but was not what I requested and was a final EON bill but no notice of assignment.
I've subsequently received a letter addressing my defence stating they've complied with my CPR request and that they don't have to provide a contractual agreement. Interestingly they now claim a default was issued on the 7th august 2020 but I never received one.
My question is do I need to amend my defence so include the new detail they sent?

[echat11]

Hi Emma

Welcome to LB

Post your defence, remove all personal details, regardless, I don't think you need to amend your defence. If it reaches the Witness Statement stage, then you can give your account.

What you can do it write to the Court, copy it to EON, state that EON has not complied to the CPR 31.14 information request.

But what you need to do is send EON a Subject Access Request, they have to provide all the data they hold on the account within 30 days. This will help regards 'for an EON debt at an address I have not lived at for over 8 years but they are saying it was incurred in 2018.'

https://legalbeagles.info/library/gu...ccess-request/

Make sure you get Proof of Postage.

[emmaphill]

Here’s the defence I submitted:

DEFENCE

1. The Defendant received the claim x from the Northampton County Court on 10/07/23.

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

3. This claim appears to be for outstanding payments owed to EON Energy Solutions Limited with an account reference of x

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

5. The Claimants Particulars of Claim fails to state when the agreement was entered into.

6. The Claimants Particulars of case states that the account was assigned from EON Energy Solutions Limited to Lowell Portfolio LTD on 30/09/2020. The Defendant does not recall receiving notice of this assignment.

7. On the 17/07/23 The Defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. The Defendant requested the Claimant provide a copy of the contractual Agreement and a copy of the notice of assignment.

8. Overdales solicitors has not provided any of the requested documents to the Defendant.

9. 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.

10.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.

11. 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

The Defendant believes that the facts stated in this Defence are true.


Signed ________________________

Dated __1/8/2023______________________________

[echat11]

O.K. do the suggested things in post 2.

Something that might help is checking your Credit File, that will have your previous addresses / dates listed.

Also previous tenancy agreements.

[emmaphill]

Definitely wasn’t at that address on those dates I moved out in 2015 I emailed EON and told them so. I’ll send the SAR off tomorrow to cover that. Do you think I need to amend the Defence at all?

[echat11]

Definitely wasn’t at that address on those dates I moved out in 2015 I emailed EON and told them so. I’ll send the SAR off tomorrow to cover that. Do you think I need to amend the Defence at all?

As stated in post 2, no, concentrate on making your case, 'you weren't at that address in 2018'.