FM legal/ACI/perch capital

[Utilities23]

Hi, I was contacted originally by ACI to say I owed utility debt from 2015-2019. I contacted them to say I disputed this and asked for evidence, bills etc and aside from asking me to pass data protection they ignored me. Then I started to receive correspondence from FM legal who once again ignored me then told me to go back to ACI. I chased multiple times and got nothing back.

Now I’ve received claim forms naming Perch capital as the claimant, I plan to defend and I’ve filed the acknowledgement of service to give me more time. Is part of the debt not statute barred? Can I use the fact they’ve refused to provide proof of the debt as a defence? Should I be asking for the amount they paid for the debt? Please help!

[echat11]

Hi UTILITIES23

Welcome to LB

If you can copy and paste the answers to the questions below back to this thread, leave our personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Utility) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CPR ):
Any Other Information or Background Details:

b) Send a SAR request, they have 30 days to provide all the data on the account, over a 6 year period. Make sure you get Proof of Postage.

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

c) Send a cpr 31.14 request, they have 7 days to respond, make sure you get Proof of Postage. Remove any reference to CCA 1974 as the utility account isn't covered by CCA 1974. You should ask for a copy of the contract, Terms and Conditions and default notice.

https://legalbeagles.info/library/gu...-of-documents/

d) Acknowledged of Service within 14 days of the date on the Claim form (on MCOL you are defending all), you can do this online via MCOL,you get an extra 14 days. So work out 28 days from the date on the claim form, that's when your Defence needs to be lodged with the Court, note it down in your diary. Update the thread 4 days before.

[Utilities23]

Received a claim? Yes
Issue Date: 8/11
Have you Acknowledged the Claim?: yes
Total Amount Claimed : £6000
Claimant’s Name: perch capital limited
Solicitors Firm: tm legal services
Original Creditor: Scottish power
Original Debt (eg. Utility) : utility
Particulars of Claim: the claimant claims payment of an overdue utilities amount for energy supplied by Scottish power to the defendant in the sum pf £6000. Energy was supplier 27th November 2015 to 7th July 2019, account reference xxxxx. Following non payment the account was assigned by Scottish power to the claimant on or around 2nd December 2022. Energy was supplied to the defendant at ‘address’ and the sum owed for the supply remains unpaid.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): perhaps a call but that is it with Scottish power, I’ve emailed the claimant a number of times without response.
List any letters you have sent (eg: CPR ): I emailed the following on 15/08 and again 13/09, I then chased for a reply on 28/9, 16/10, 24/10 and again 6/11.

You have contacted me about the account with the above reference number, which you claim I owe.
I have no knowledge of any such debt being owed to Scottish power, as such I require evidence of the debt owed including all statements/demands for payment relating to this debt which must be time stamped. Enter company name (requ.
I am familiar with the Financial Conduct Authority's (FCA) Consumer Credit sourcebook which states the following.
"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3
"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1
"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3
If you do not stop collection activity whilst investigating my dispute, you are breaking FCA rules and guidance.
Also, ignoring claims that debts have been settled or are disputed and continuing to make unjustified demands for payment is harassment.
Please do not make any further contact about the above accounts unless you can provide evidence of my liability for the debt.
I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to my local trading standards service and consider informing the FCA of your actions.



Any Other Information or Background Details:

[echat11]

Received a claim? Yes
Issue Date: 8/11
Have you Acknowledged the Claim?: yes
Total Amount Claimed : £6000
Claimant’s Name: perch capital limited
Solicitors Firm: tm legal services
Original Creditor: Scottish power
Original Debt (eg. Utility) : utility
Particulars of Claim: the claimant claims payment of an overdue utilities amount for energy supplied by Scottish power to the defendant in the sum pf £6000. Energy was supplier 27th November 2015 to 7th July 2019, account reference xxxxx. Following non payment the account was assigned by Scottish power to the claimant on or around 2nd December 2022. Energy was supplied to the defendant at ‘address’ and the sum owed for the supply remains unpaid.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): perhaps a call but that is it with Scottish power, I’ve emailed the claimant a number of times without response.
List any letters you have sent (eg: CPR ): I emailed the following on 15/08 and again 13/09, I then chased for a reply on 28/9, 16/10, 24/10 and again 6/11.

You have contacted me about the account with the above reference number, which you claim I owe.
I have no knowledge of any such debt being owed to Scottish power, as such I require evidence of the debt owed including all statements/demands for payment relating to this debt which must be time stamped. Enter company name (requ.
I am familiar with the Financial Conduct Authority's (FCA) Consumer Credit sourcebook which states the following.
"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3
"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1
"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3
If you do not stop collection activity whilst investigating my dispute, you are breaking FCA rules and guidance.
Also, ignoring claims that debts have been settled or are disputed and continuing to make unjustified demands for payment is harassment.
Please do not make any further contact about the above accounts unless you can provide evidence of my liability for the debt.
I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to my local trading standards service and consider informing the FCA of your actions.



Any Other Information or Background Details:

You need to do (b) and (c), see what they send in way of documents, but keep on top of the claim. Update the thread, see if 'back billing' applies to your account, etc.

[Utilities23]

Thank you, I’ll do b and c but I’m the meantime need to file my defence so I planned to say I haven’t been provided with any documents to allow me to defend myself, detailing my attempts to get the info that they ignored. With regards to point c, I don’t think they’ve referred to any documents in their particulars or claim but I could be wrong?

[echat11]

Make sure you send off (b) and (c) (ask for the documents I listed in (c).

Here is an example Defence, remove all reference to CCA.

https://legalbeagles.info/library/gu...-court-claims/

Have a go, post it on this thread without personal details, I can check it for you.

[Utilities23]

Hi, I did as advised and sent b and c. All they have sent after the 7 day period lapsed is the ‘final bill’ which is dated after the billing period. How does the statute barred date work, is it not from each individual bill? What do I do from here?

[Utilities23]

The bill also says it’s an estimated reading, is that relevant at all?

[echat11]

Have you filed your Defence? It was due to filed on6th December.

[echat11]

Hi, I did as advised and sent b and c. All they have sent after the 7 day period lapsed is the ‘final bill’ which is dated after the billing period. How does the statute barred date work, is it not from each individual bill? What do I do from here?

If you have made no payments towards the debt and not acknowledged the debt in writing over the last 6 years, then the debt is statute barred. It doesn't work on individual billing.

You haven't updated the thread, so don't know where you are regarding the Court process.

[echat11]

The bill also says it’s an estimated reading, is that relevant at all?

Not at this stage.

[Utilities23]

Yes I did file my defence, here is a copy; 1.The Defendant received the claim K8xxxxx from the County Court
on 13th November 2023.
2.Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.
3.The Claimants statement of case fails to give adequate
information to enable me to properly assess my position with
regards the claim.
4.The Defendant contends the alleged debt is statute barred by
virtue of Section 5 of the Limitations Act 1980 in that no payment
or acknowledgment has been made for over 6 years
5.The Claimants statement of case states that the account was
assigned from Scottish Power Limited to Perch Capital ‘on or
around’ December 2022. The Defendant does not recall receiving
notice of this assignment.
6.On the 5th December 2023 The Defendant sent a request for
inspection of documents mentioned in the claimant’s statement of
case under Civil Procedure Rule 31.14 to TM Legal Services,
requested the Claimant provide copies of the [Agreement, Default
Notice and Notice of Assignment].
7. TM Legal Services has not sent any of these documents to the
Defendant.
8.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.
9. The Defendant received a letter from ACI UK on 15th August 2023
in reference to the debt claimed, on receiving this letter the
Defendant contacted ACI via email requesting ‘evidence of the debt
owed including all statements/demands for payment relating to this
debt which must be time stamped’ referencing the FCA consumer
credit sourcebook 7.5.3, 7.14.1, 7.14.1, 7.14.3. The Claimaints
representative ‘ACI’ ignored these requests and breached the FCA
rules by continuing to demand payment and continuing collection
activity. The defendant then received a letter on 13th September
2023 from the Claimant’s representative ‘FM legal’ and once again
requested this evidence via email, once again the Claimant did not
comply and ignored the request, the Defendant chased for this
information again on 6th October 2023, 16th October 2023, 24th
October 2023 and finally 6th November 2023. To date no evidence
has been provided.
9.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.
10.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.
11.It is denied that the Claimant is entitled to the relief as
claimed or at all.

[Utilities23]

I sent over b and c as advised up thread, all I have received is a document titled 'final bill'. In the letter I asked for the following 1. Copy of the contract
2. Terms and conditions
3. Default Notice
4 Notice of Assignment
5 Details of account including any alleged missing payments

[Utilities23]

Have you filed your Defence? It was due to filed on6th December.

With regards to the 6 years, does that start from the date the energy was used, the data the quarterly bill was issued or does it not start until the 'final bill'?

[echat11]

With regards to the 6 years, does that start from the date the energy was used, the data the quarterly bill was issued or does it not start until the 'final bill'?

Say they close your account, they've sent you a final bill, they've defaulted the account as they haven't received payment. So it will be 6 years from that point, providing you haven't made any payments or acknowledged the debt in writing in the last 6 years.

Google 'back billing' energy bills if you think that might apply to part of the debt.