I've gone through your previous thread to try and distill the complaint so it is easier to understand. This took about an hour to do and I really don't want to do it again. Can other people in future try to follow a similar format! If this is incorrect in any way, or if there is something important missing, do say so. Following the same format. You became an Npower customer on 22nd October 2013. You were previously with Scottish Power at the same property. The property is a 2 bedroom end-terrace of relatively new (1995) construction. Npower sent you an email on 27th November 2013 stating your direct debit figure should be £72.63 to cover your fuel usage. This was a lot less than your previous supplier. You have made direct debit payments to Npower from January 2014 to February 2015, with amounts varying between £66.00 and £78.00 (total £1120.41 to date). You did not receive a bill from Npower and you were concerned. You phoned Npower during March 2014 to query the lack of billing and check your payments were covering your usage. You provided meter readings. Npower advised you everything was fine and that a bill would be generated and you should receive it within a month. You did not receive a bill from Npower and you phoned them in April 2014. You were advised nothing was wrong and your payments were covering your energy usage. A bill was produced on 3rd May 2014. Npower projected your annual usage would be £671.01 for electricity and £558.28 for gas (total £1229.29). Npower advised you were currently £22.07 in debit, although you had been previously told this balance would be cleared during the summer months. Another bill was received 24th June 2014. You were advised prices were going to increase, and also that you had used £361.41 of energy since the previous bill in May. Npower decreased the direct debit to £66, with no prior notification or explanation as to why. Npower email you on 6th July 2014, notifying you the bill has been produced. This prompted you to call Npower as you were concerned a mistake had been made. You were told not to worry; that the direct debit figure would revert to its previous amount and that a new bill would be produced. On 21st July 2014, your previous bill of 24th June 2014 is reversed. This appears to include the payments you had made also. On 21st July 2014, a new bill is produced with a statement to say you have used £585.04 in energy since the previous bill. Your annual projection is now £1140.92 for electricity and £644.39 for gas (total £1785.31). Npower advise your direct debit will increase to £150 per month. When you receive this bill on 25th July 2014, you phone Npower. You are advised the bill is in fact incorrect and your direct debit will stay at £72.63. In fact, Npower offer you to reduce your direct debit to £66 per month. You decline this offer to reduce your direct debit. You receive an email on 26th July 2014 from Npower, who thank you for changing your direct debit amount. On calling Npower you are advised your direct debit figure is now £72.63, which had been changed from £150 the previous day by you. You were unsatisfied with how it was being managed and explained the previous phone calls you'd had to the Npower rep. Npower apologised, cited problems with their systems which may have been the cause of this and you were assured these problems would persist no further. Either during your phone call of 26th July, or shortly after, you become aware that the meter number on your account is wrong [N.B. Which fuel? Electricity?]. You provided the correct meter number and were advised the system had been updated. On 1st August 2014, a direct debit payment for £66 is paid to Npower. You manually change your direct debit to £78 online, as you were not confident with Npower's staff over the phone and you wanted to ensure a debt balance did not occur. You did not receive an email confirmation of this change. On 6th August 2014, the bill from 21st July 2014 is reversed. A new bill is generated with the same usage figures but your direct debit figure is now quoted at £39.00 per month. On 8th August 2014, you manually change your direct debit to £78 online. This time you receive an email confirmation. Npower email you on 11th August 2014 to apologise for the problems you have been experiencing regarding your direct debit. You continue to pay your monthly direct debit and also make monthly phone calls to Npower to check the status of your account. You are advised everything is fine. On 5th February 2015, you receive an email notification that your direct debit will increase to £253 per month. On 5th February 2015, you phone Npower who advise there is no record of a direct debit amount of £253; their systems show £440 instead. You were asked to provide meter readings and also your meter numbers. You hear a countdown from an adviser in the background, followed by a loud cheer, followed by your call being cut off. You tried to call back but were informed the lines closed at 8pm. Your online account showed your account was in credit by £84.15. You notice the wrong meter serial number is shown for electricity. To protect yourself from what you believe to be an error with the direct debit, you cancelled the direct debit instruction with your bank as your monthly wages are £880. On 6th February 2015, you check your online account. It is unchanged. You phone Npower and speak to Amber. You ask to speak to a manager. Amber advises no managers are available as they are all in meetings. You ask to speak to the complaints department. Amber advises this department does not exist. Amber advises she will document your complaint. You try to explain the events over the past several months, but Amber continually interupts you with excuses. She then eventually puts you through to a manager. You speak to Phil Whitehead. He apologises for the problems and compensation is discussed. He advises the problems will be resolved. Your tariff is changed, but because you no longer pay by direct debit it is not the cheapest tariff available. You are given a complaint reference number. At some point, you attempt to change suppliers? On 7th February 2015, you are called by Phil Whitehead at Npower. You are advised that because you attempted to change supplier, your account is locked. He advises you he is unable to correct your meter number or perform any other resolution. You are advised more bills will be generated and more bill reversals will take place. He advises a complaint will be actioned over poor customer service. On 7th March 2015, you receive a letter from the Npower complaints team. You phone on 9th March 2015 for an update. You discover about half the details of the complaint don't exist on Npower's system. You repeat them. The adviser, Ashleigh, appears helpful and provides her email address for you to send photographs of the meter. She advises you that she should not be providing her email address to you, but must to resolve the problem. She advises no final bill will be produced until the investigations are complete. No timescale can be given for this. On 14th March 2015, Npower rep Ashleigh phones you. She advises that the meter serial number is indeed incorrect, but that Npower refuses to change the bill as although they knew it was incorrect - you did not do anything about it. You ask for all statements, bills and payments made on the account to be sent in the post. On 30th March 2015, you receive a letter asking why a payment was not made against your final recent energy bill. On 31st March 2015, you receive the final energy bill of £438.30. On 1st April 2015, you receive a letter from Npower asking you to call them. You phone and speak to Louise. She does not know why you are calling and you have to explain the situation again. Louise advises you the complaint on the system is not clear; Ashleigh has the complaint locked to herself. You are advised you will be called the following day for an update. On 2nd April 2015, you receive a phone call from Npower rep Ashleigh. She advises the complaint is not locked to herself and anyone should be able to help you. She apologises for the delay and advises you the complaint will in fact stay locked to herself, and advises you will be called back within 10 days. On 8th April 2015, you receive a final reminder for the electricity bill.

Correct, we are talking about people and not cattle. Intelligent people, who (as estellyn has pointed out) have access to the wider world via internet, mobile communications, etc. Interesting that almost to a child, those people rescued from the sinking boats in international waters were very upset when their mobile phones and ipads were taken from them so they couldn't communicate with others who were also planning to enter leaking boats and follow them !! We are talking about intelligent people who can plot and plan to travel 1000's of miles to a country so far removed from their own shores.. so definitely not cattle who only migrate along the historical paths set out by their ancestors. Interesting that when they were colonies of whichever country - they wanted those who headed the colonies OUT of THEIR countries, they wanted their independence. Then when they realised they couldn't make it on their own started to demand from the wider world. When they don't get what they want and end up where they want to, they then turn on the very people who give them sanctuary. They don't want to integrate into the societies they fought so hard to get to - they want their hosts to change. There will be those who do need genuine sanctuary and the UK has always been happy to provide that sanctuary - but this mass migration for economic purposes is simply not sustainable. If they want better lives and conditions, why do they not fight for them in their own countries rather than head towards the very same people they kicked out!

Well done. It might be worth researching about balloon payments affecting stature barring, just in case they look to issue a court claim. They might issue a court claim and try to argue the toss.

My questions, having reviewed the draft statement you created for me: 1. From the draft defence: "This Defence is filed without prejudiceic on to the Defendant’s position that the claim should be struck out and save insofar as the same consists of admission and save insofar as it is herein expressly admitted or expressed not to be admitted." Andy, could you explain, in layman terms, what does that mean (what is the purpose of including this)? It means that you are not admitting anything in your pleadings and will not prejudice your position...say for example the court should have stood by the order to strike out...its only because the court allowed the set a side that you have now had to submit a defence...when in reality you wouldn't have needed to...if that makes sense? 2. Coming back to the application for - should this document form an integral part with the T&C and not be produced separately (what does the CCA say)? I vaguely remember that CCA pre-2006 had a clause like this, requiring T&C to be on the same page as my signature or something? Do you know what I am on about? 3. Me not giving consent for the order (first part, when I disagree with consenting that the original order should be struck out) - if I say that in my defence, wouldn't I upset the judge, which could, in theory, be the same one who produced the order at the last hearing - he may turn round to me and say "I believe what I've said and it is your word against mine?" Now you are over examining and complicating matters...you either agreed to the set a side or you didn't...or you wasn't asked...either way you didn't consent...why would you? Let me out it to you from another angle...the Judge wasnt sure he should allow the set a side...but if he typed in the order you consented...then you consented his bad decision ? 4. What is actually a "True copy" in legal terms (in the context of this case and CCA) - copy with presenting the original? The reason I am asking this is because at the last hearing the judge allowed "reconstituted" copy to be produced, because he used some stupid argument that the original signed form might have been "lost in a fire" (as if), which I found rather biased approach to make. I disagreed, but he wouldn't listen. You have stated from the very beginning there is no agreement because you never signed one...now if that's true then there cant be a reconstituted...there is nothing to reconstitute from? Either way pre 2007 requires the original.....no reconstitutes...even if there was a signed original agreement... sec 127 (3--5) applies 5. In HSC's statement they say that the credit card T&C were periodically changed. What I'd like to find out (and confirm) is whether there is a CCA requirement for HSBC when they change these to present the old, as well as the new T&C? If so (what statute in CCA covers that?), they haven't done that either and I can put it as part of my defence as another nail in the coffin. No requirement the latest supersedes the last one. 6. Am I right in asusming that the central plank in my defence of asking their case to be dismissed is non-compliance with s127(3-5) and s61(1) of the CCA, simply because this is a CCA agreement and not just "an agreement"? Correct In other words, if they (HSBC) have said that in their POCi that this was just "an agreement", not an agrrement governed by CCA, they would have had a better chance of success? No all credit card agreements are regulated by the CCA1974 end of For my part, all I have to prove in my defence is that under CCA, that agreement (governed by CCA) is either unenforceable or improperly executed, correct? Kind of but as there is no agreement to enforce...no signed executed agreement by you and the claimant...anything else will fail...or should fail..providing you hammer it home and make the Judge follow the CCA1974 7. If HSBC decide to present a response to my defence or present additional documents at the last minute (at the date of hearing for example) - should I ask the judge to ignore it or adjourn the case to give me time to consider it and respond to it? Wont happen there is no agreement (is there?) They have previous with this - see my comments above re: my mortgage (which is still in arrears, but they cannot enforce anything - a conversation for another day, perhaps). I am thinking if they do that again to refer to Practice Direction 23A.9.3 (from the CPR) and/or “Overriding Objective” contained in CPR 1.1 and/or CPR 1.1(2)(d) and ask the judge to either ignore the documents produced at the last minute or adjourn the case in order for me to consider them? Standard disclosure is done by list and exchanged 14 days pre trial..there cant be any ambushing 8. Am I right in assuming that I have a 5-day "grace"/time-for-delivery period when producing the defence? In other words, if I date my defence 31 August, but I actually send it on, say, Saturday 1 August by special delivery (to be received by the court on Monday, 3rd August), would that be OK? You make sure it gets to the court on the date stated.....the claimants copy is your choice..but serve it. 9. Finally, a bit of a daft question - how do I finish my defence statement - just sign it and date it or include the "statement of truth" malarkey in there? Statement of Truth and the defence requires an heading...claimant v defendant/ claim number/ court/ etc. Thanks again, Andy for the time and effort you put into this...

You just need to establish if PPI was added the accounts. This will either show as a separate entry on the statements or if you are fortunate enough to receive copies of the loan agreements, it will show as a front loaded figure and identified on the agreement as such. From the statements, you would need to complete one of our spread sheets - then download the complaint from the FOS website. http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011