Jump to content

Mandorallan

Registered Users

Change your profile picture
  • Posts

    68
  • Joined

  • Last visited

Everything posted by Mandorallan

  1. OK, bit of an odd one here - and I'm at my wits end, frankly. We have a standard meter - once in a while someone comes round to read it - other times they ask me for a reading, which I supply. Oddly, though, whenever a bill arrived, the reading was always "estimated". The last time I received a request for a reading, back in June, I submitted the new reading - I was then contacted by the meter reading company who said that the reading was outside of the expected range - could I please take a photograph of the meter just to make sure. I took the photo and sent it to them to confirm that my reading was correct, which they confirmed and said that they'd submit to SSE. The bill comes through and, guess what? Yup - it's estimated! At this point I start to think that something's not right and compare the estimated reading (80822) against the reading that I'd taken (92676) - a difference of 11,854! Now I'm thinking "wow - that could be a couple of hundred quid that I owe them" and attempt to work out what the difference is - based on 17.93p per kWh, that's an outstanding amount of £2,125.42! What the hell?? Anyhow - on the 1st of July I contact them and tell them that I already submitted a reading - and what's this estimated 80822 reading about?? They apologise and take a new reading from me (92808) and assure me that it has now been recorded. A few days go by and I get another email saying that my bill is now ready - I go and have a look at it - yup, you guessed it, it's estimated! So, on the 16th of July, I call them again - I'm now starting to get a bit wound up by this - why are they doing this? Is it because it's likely that they'd have to write off the extra? I tell the person on the phone that I have already submitted two readings - neither of which are anywhere near what's on the bill and both of which have been ignored. The operator is, once again, extremely apologetic and asks me to give her another reading (92972 this time) and that an amended bill will be produced within the next 3 to 5 working days. On Friday 23rd I receive an email saying that my new bill is ready... This time it says that the bill is based on the reading that I gave them! But the reading is 81656! I've *NEVER* given them that number! They're closed over the weekend so, first thing this morning I'm on the phone to them - they tell me that I phoned in that reading on the 22nd (I didn't) plus, even if I had, the new bill takes 3 to 5 working days - this one came out the next damn day! Someone there has just entered some random number and said that it's the reading that I gave them! What do I do? There's no way in hell that I can afford to pay £2,000+ extra - and, I may add, doesn't entering random numbers as readings count as some sort of fraud?
  2. Thanks Andy - where would I find a example of PAP non-compliance? Ignore - just seen that you did it!
  3. 1. The claim is for the sum of £1800.00 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis account with an account reference of xxxxxxxxx 2.The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. 3.The debt was legally assigned to the claimant on 30-09-20, notice of which has been given to the defendant. 4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £103.82 The Claimant claims the sum of £1925.62 The defendant contends that the Particulars of Claim are vague and generic in nature. The defendant accordingly sets out its case below and relies on the CPRr16.5(3) in relation to any allegation to which a specific response has not been made. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 1. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis. I do not recall the precise details of the agreement and have sought clarity from the claimant. 2. Paragraph 2 is noted, although I do not recall ever receiving a default notice, or notice of arrears, pursuant to section 87(1) CCA 1974. 3. Paragraph 3 is noted, again, I do not recall ever receiving this notice pursuant to section 136 of the law of property Act 1925. 4. On receipt of the claim form the defendant sent for on 29/06/2021 via royal mail a request pursuant to sec78 of the Credit Consumer Act 1974 a copy of this agreement. The claimant has failed to respond and therefore in default of the request is unable to enforce the alleged agreement until its compliance. 5. On receipt of the claim form, the defendant sent a CPR13.14 request on 29/06/2021 via royal mail. An acknowledgment was received, the claimant as yet to comply. 6. It is therefore not accepted with regards to the defendant owing any monies to the claimant and the claimant is put to strict proof to; a) Show the defendant has entered an agreement, and b) Show how the defendant has reached the amount claimed for, and c) Show or evidence service of a default notice pursuant to sec 87(1) CCA1974 d) Show how the claimant has the legal right, either under statute or equity to issue claim By reasons of the facts and matters set out above, it is denied that the claimant is entitled to the relief claimed of any relief. Seems that they put everything in the same order in the claim (unsurprising, I guess).
  4. Seems that nothing has gone forward, as yet - the only thing on MCOL is the acknowledgment of service.
  5. Well, nothing as yet... What is the "statutory time limit"? A month?
  6. Right - both letters sent as per your link (24 hour delivery, tracked and signed for).
  7. Name of the Claimant ? Lowell Date of issue – 18/06/2021 Date to acknowledge - 04/07/2021 Date to submit defence = 18/07/2021 What is the claim for – 1. The claim is for the sum of £1800.00 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis account with an account reference of xxxxxxxxx 2.The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. 3.The debt was legally assigned to the claimant on 30-09-20, notice of which has been given to the defendant. 4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £103.82 The Claimant claims the sum of £1925.62 What is the total value of the claim? £2120.00 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not certain Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? On line Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Unknown Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not certain Did you receive a Default Notice from the original creditor? Not certain Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? No money coming in at all - cancelled contract followed by Covid. What was the date of your last payment? Uncertain - Late 2019 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Dear oh dear - looking at the answers makes me look like a complete muppet. And I was so down on others who got themselves into exactly the same mess - in my defence I did manage to sort out all of the other debts...
  8. I may have - frankly, with everything that was coming in I can't remember.
  9. Hey all. I've been on here a while ago to get advice for various friends - now I find that it is I that needs you advice! When Covid hit I quickly ended up with no money coming in, I ended up in arrears in various places. Amongst the various creditors I had a couple of credit cards, one of which I managed to keep minimum payments to, the other (Vanquis) got cancelled (by them - I actually tried to go into their app to start making payments and found that it had been cut off). I've managed to (mostly) get straight again, but now I have received the attached missive in the post. What do I do?
  10. Right - a little bit of background... My partner's son used to live with her (obviously) about eight years ago, went on holiday to Spain taking his mobile phone with him - he never used his phone (because he knew how expensive it would be) but was horrified to discover that data roaming charges had given him a massive bill (so you can see how old the debt is!). Being a bloody minded type, he decided that he wasn't going to pay (not something that either my partner or myself agreed with - but he was adamant that "if they think that they can charge that amount for doing nothing on my phone they can swivel!"). Fast forward some eight years to today. He moved out of my partner's flat some time ago (about four years) but, as is quite normal, he gets the odd letter addressed to him at his old address (mostly sales bumph and the like) - my partner normally waits for him to come round for a visit and then presents him with all of his post to go through. To my partners horror, this time one of the letters was a bit more serious... The first letter is from bwlegal - and states that their client, Lowell Portfolio 1 Ltd, wants a total of £862.28 from him - it also states that on 1st November 2016 a County Court Judgment was entered against him (something that we were all completely unaware of - and seems rather a long time ago to only just be getting around to "sending in the heavies"...) and that they have "now issued enforcement proceedings in the form of a Warrant of Control in the Reading County Court" and that he will hear from County Court Bailiff shortly. A day later another letter arrived containing two sheets - one entitled "Notice of Issue of Warrant of Control" in the "County Court Business Centre" which states that "Unless you pay the amount due before 06 February 2020 the bailiff will call and may remove your goods for sale at public auction" (although, oddly, there is no court crest or anything else at the top of the page) and a second page which is just a badly photocopied "what happens next" sheet with some contact numbers for the Money Advice Service and Citizens Advice. So - some questions here... 1) Is this actually real? We've not had anything official from any court come through. 2) He has not given us his new address (he's recently moved) - we have no real way of actually proving that he doesn't live here - do we contact the court to say "it's not our debt - please don't send the bailiffs!" 3) Who should we be talking to?
  11. I've seen a few firms that will take on the debt collection for a percentage of the bill - we get less, but the stress is less too! I've not researched the firms, mind you - I'll do that over the next couple of days.
  12. I was thinking of handing it over to debt collection, actually - I know that there's a cost...
  13. All we've done is used a template to give him 14 days to pay the insurance bill - as soon as I get a reply, I'll post it up.
  14. Initial payments have already come in - we wouldn't have started otherwise. There's about £3,500 outstanding. The £800 was verbally agreed initially, but later correspondence from the customer shows that he's accepted the £800 for the extra work.
  15. The buildings insurance is through the building management company - if he were only a tenant of the leaseholder, then we would have been talking to the leaseholder.
  16. There's the initial insurance job - £8,284.88 - that was the original quote. A further £1,500 was added to the insurance claim to rebuild a wall - so the total would be £9,784.88. As I said - it's leasehold! He's the leaseholder...
  17. Initial estimate was £8,284.88 - another £1,500 was added on when we found that a wall needed to be rebuilt - the extras were agreed verbally, but I have a couple of emails where he has said that the extras were £800. From the insurance company's point of view, it's nothing to do with them - they just supplied the money to get the work done - after that it's down to the customer.
  18. Oh - and now he's threatening to get some other firm in to complete the snagging - and any amount over what they have had from the insurance company will be down to us.... Knowing this chap, he'll put a quote in for £10,000 to replace a chipped tile...
×
×
  • Create New...