Re: LOWELLS utility claim form

[echat11]

Thank you - yes, additions in red are better! Thank you...

Re: back billing....

Is this something worth mentioning in the defence or bringing up later?

I do recall reading something about this - can't charge for energy used over 12 months ago or something?...


Kind regards,

Paul

You can mention it if Mediation happens, also your Witness Statement further down the line.

But you need to be clear on the facts and see if they can be applied to 'back billing', 'back billing' helps when you've done everything right and the utility company has made mistakes.

Work out a time line for addresses and billing.

[PaulFitz4]

OK great - that is what I was thinking.

An issue for mediation, should it happen, as well as residence proof!

Defence deadline is 4pm Monday 16th Sept so I shall send to court via MCOL and post to Overdales Saturday.

Thank you so very much for your assistance.

Kind regards,

Paul

[PaulFitz4]

Dear Echatt,

Thank you for your help so far...

I have received an email from overdales solicitors..... and then their questionnaire response.... and now have had my questionnaire to fill out & return by 4th November....

Overdales sent this email...


Good Morning Mr xxx


I refer to the above and confirm receipt of your Defence. I have also thoroughly reviewed our records of pre-legal exchanges of which I note there were many.


You have already acknowledged, in your email of January 2022, that you did reside at address where the energy was supplied (xxx) at the material time. Your email accepted that, from July 2016 to July 2018, you lived at that address. The energy was supplied from July 2016 to July 2019. As such, it follows that you are liable for at least two thirds of the principal debt. As such, and in order to avoid further escalation, I am instructed to offer settlement in the full and final sum of £1,774.20 plus fixed costs and fees (£195.00) and interest in the amended sum of £141.94. The total money liability will be £2,111.14 and may be paid by Consent Order by way of an affordable monthly payment plan; we encourage you to make an offer of monthly payment in reply.


In the event that the matter proceeds, the above mentioned email will be exhibited to the Court and a County Court Judgment (CCJ) will be sought against you.


Kind regards,




Senior Paralegal


... This matter could have been resolved over 2 years ago - I gave them a council tax copy and a mortgage statement, however they claimed that didn't prove anything... Greed springs to mind... Hence why I have gone down the route of trying to get them to prove and supply evidence that I am the one in question...

As it appears, they now have done so, with my email, and are offering a deal of 2 thirds the amount (which is what I was proving with my evidence) plus costs.....

I don't agree to the costs - could have been sorted over 2 years ago... Plus, I didn't stay at the place much so estimated energy bills shouldn't apply...

I still have not had a response from EDF regarding information on usage and charging...

I shall fill out the questionnaire - small claims I believe - to be heard at my local court and they will attend (although they said 0 representative in their questionnaire) via teams...

Any thoughts?...

Kind regards

[echat11]

So they haven't responded to your Subject Access Request?

You need to chase them on that, so you can work out Actual usage and charging.
You could contact the current resident, see if they have actual 'opening' readings etc.

Send EDF a follow up letter, get Proof of Postage. You can use this in your Witness Statement to show they haven't complied with your request.

https://ico.org.uk/for-the-public/ge...happy-with-it/

I agree that costs should be withdrawn, you tried to resolve the matter, they weren't listening.

Directions Questionnaire, you want mediation, but they haven't provided the requested information SAR etc. You want a Hearing in person.

https://legalbeagles.info/library/gu...uestionnaire//

Also as soon as you get some facts on the readings you can make some 'Without Prejudice - Save As To Costs' offers to settle the matter, the Court won't look at the letters until after the Hearing / Judgement.