Court summons from EON for someone elses invoice

[Wanderingstar20]

Utility company isbilling me for tenant’s usage –
I have rented a house that I never actually ever got to livein ! the first tenants registered the utilities in their name. the next tenantwho moved in did not. I Sent the previous tenants meter readings along with thedetails of the new tenant by post (nowwe send by post and email)
Tenant moved into property for approx. 12 months and did notregister with Gas and Electricity provider.
The tenant moved out of the property and EON I assume havefound my residential address from land registry and wrote to me in Februaryadvising that there is a £1400 outstanding bill.
I contacted them and advised that the tenant was responsibleand provided them with her details I had on file.
I heard no more from them and then in July 17 I receivedanother estimated bill from them and then a money claim online order for theoutstanding amount. This time billed up until June 2017 so I assume that astanding charge is being and they are still estimating the bill. I have lookedat a few sites and think that I might need to do the following :
I have completed the response pack to advise that I willdefend the claim and I now have to file a defence, I was thinking the relevantpoints for the defence would be;
1. I have notified them of the tenant’s detailsthat I have Name DOB and time at address.
2. The tenant is responsible for the utility billsas stated on the paperwork the tenant has signed. (This was a single family letand not shared accommodation)
3. They are still estimating the usage when theyhave been given the exact meter readings.



I will also submit the originalnotification of the meter readings and tenant details the document that showsthat the tenant signed to say they are responsible for the utilities at theproperty.
Is there any further relevantinformation I should include? Has anyone used a good solicitor to deal withthese issues or do people normally file their own defence?
I have also seen that a fewpeople with utility issues have submitted a subject access request to obtainthe actual readings that have been taken at the property should I need it laterbearing in mind it takes up to 30 days to receive the information.
I have seen now that they havereported to Equifax and that I have a default showing on my personal file.
I intend to state the facts inthe online defence I just wondered if there was anything else that I may not beaware of that I need to consider.
I have contacted Equifax to ask themto supress the information until it is resolved as I am currently applying fora mortgage and do not want it to effect it.
They advise they can only updateinfo from EON, so there is nothing they can do.

Thanks for reading and any inputgratefully received.

[des8]

Re: Court summons from EON for someone elses invoice

Did you notify EON of the change of tenant at the time of the change, and do you have a copy of the signed tenancy agreement?
With the last item to hand EON should not be pursuing you.

[Wanderingstar20]

Re: Court summons from EON for someone elses invoice

Thanks for replying Des8

yes I have copies of the form that I send with the new tenant moving in and the meter readings, I also have a photo to prove the meter readings at this time, I have also sent the tenancy agreement in January.

I will need to file the defence in the next couple of days and have written below what the defence is and the documents I have. I think I will send them to the court as EON have had them twice now and not amended their records so I am hoping in they arrive via the court they will be tracked.

Just wondered if anyone can cast their eyes over the aboveto see if I am on the right track for filing a defence.
Defence
Re utility supply to XXXXX ADDRESS XXXXX
The Tenant xxxxxxxxx moved into the above property on 1/09/15.
EON was advised by post of new tenant details and the meter reading (as per the photo 1/09/15 (photo).
EON visited the property and the tenant allowed access in November 2015 to allow a meter reading so EON would have been aware of the tenant living at the property.
No further contact was received from EON until an invoice was received to my personal home address (I am assuming EON located this from land registry) requesting the outstanding amount of £ xxx for gas and electric supplied from xxxxxx until xxxxx.
I phoned EON (spoke to xxx on xxx at xxx) and provided them again with the above tenant details name date of birth and they advised that they had noted on their records. No further correspondence or contact was received from EON at that time or until July 2017 when I received a further invoice along a court summons in July 2017.
I dispute the amount owed as I have provided EON with the details of the tenant to whom the services were supplied and provided the document signed by the tenant that clearly makes the tenant liable.
I have twice supplied the entering meter reading once at the beginning of the occupation and again in February along with the documents signed by the tenant that clearly states that they are responsible for the utilities supplied to the property (highlighted page 2 paragraph 4).
EON has outside access to the gas meter yet has continued to provide estimated readings which have been used for the invoice relating to this summons.

Encl.
· Photo of meter reading taken on 1/9/2015 and form with written meter readings.
· Signed document with highlighted page 2 paragraph 4 showing tenant has signed for reponsibilty of utilites.
·

Notes
· Meter readings and tenant details posted to EON 3^rd September
· Letter received in January 2017 (first letter to my private home address) states that EON opened the account in my name on the 18^th August 15 (but continued to write to the rental property supply address) as they did not have the details of any new tenant and to contact them to provide tenant details which I did.
· Phone call to EON 31^ST JANUARY 2017 to re-advise of tenant details. Advised they would amend their records. Sent photos of meter taken on 1/9/15 and meter reading form when tenant moved in, also copy of the document where the tenant signed to take responsibility of utility supply.
· Letter received 16/8/17 from EON to say they will report to the credit agencies that my account is in Default. Equifax is already showing adverse details on my account and has affected my credit rating.
· EON has supplied my gas and Electricity for 17 years to my home address – also shown on the Equifax report as paid on time since account opened.

[seduraed]

Re: Court summons from EON for someone elses invoice

I'm no good at pleadings but ensure that one copy goes to the court one to the claimant and that there is at least one spare copy in your hand for the court. Document get lost stolen or strayed.
There is a specific way these thinGSM need to be laid out to be valid. I am sure a clever beagle will be along to help.

[Kati]

Re: Court summons from EON for someone elses invoice

[MENTION=6]Amethyst[/MENTION]

[des8]

Re: Court summons from EON for someone elses invoice

Could you post up the wording of their particulars of claim please?

[Wanderingstar20]

Re: Court summons from EON for someone elses invoice

Thanks, yes sure here is the details of the claim

What is the claim for –
1.The claimants claim is for monies owed to the claimant for electricity and /or gas supplied to the premises of the defendant.

2.Pursuant to the terms of supply agreed and /or deemed by virtue of schedule 6 of the electricity act 1989 and/or schedule 2B of the gas act 1986 payment was due to the for energy supplied no later than 14 days after delivery of the claimant’s invoice.

3.The defendant failed to pay the invoices rendered.
Energy/invoices for
(a) Duel fuel- (address of rental property removed) invoice rendered up to and including 02 June 2017 - £1419.74

4.and the claimant claims £1419.74 and £14.63 interest pursuant to s69 County courts act 1984 at 8% per annum from date invoices became due to the date hereof and continuing at 30.31 (daily rate) per day until judgement or payment.

[des8]

Re: Court summons from EON for someone elses invoice

So your defence should be along the lines of:
DEFENCE
1, The Defendant denies that he is liable to the Claimant either as alleged in the Particulars of Claim or at all. Save where otherwise admitted each and every allegation in the Particulars of Claim is denied

2. At the relevant time the Defendant was not in residence at the premises to which the electricity &/or gas was supplied

3. It is admitted the Defendant was the landlord of the premises

4. The Claimant was advised by letter dated 01 September 2015 that the premises were occupied by XYZ, a tenant.

5.The Defendant has supplied the Claimant with a copy of the tenancy agreement, which demonstrates the tenant's liability for utility charges

6. It is denied that the Claimant is entitled from the Defendant to the amount claimed or any interest on such amount

STATEMENT OF TRUTH
I believe that the facts stated in this Defence are true