Thanks for the prompt reply and link. Much appreciated. 150yds!? Does that come with a moat and draw bridge?

Hello, I was wondering if anybody had any advice on a potential liability for damage to a retaining wall. The wall retains our garden set approx 2m above an adjacent busy road. The wall is constructed from stone, however the lower section of the wall approx 20cm above the footway is clearly eroding from surface water spray and salt spreading. The remainder of the wall above this level is in good condition. The footway is approx 1m in width. The road itself is busy with a high volume of HGV and buses throughout the day. The road is maintained by the local authority. We are concerned that the integrity of the wall will become a concern if the erosion continues to occur from the spray off the local highway. Especially as there is a bus stop on the street level adjacent to the wall itself. I am aware that as the wall retains my property I am therefore required to maintain it in good condition. Something which I am prepared to do. However as the damage is clearly a result of the traffic along the main road I was wondering if the local highway authority are in some way responsible and have a duty of care to protect the lower section of the wall from debris, surface water spray and salt spreading. And if damage has been caused by the above, is there an expectation / requirement for the council to contribute to repairing the damage to the retaining structure. Any help would be appreciated, happy to provide more detail of it helps. Thanks in advance!

Thanks for the insight surfer01. Its funny you talk about transferring the wrong meter. There were some "erroneous" transfers to begin with. I'll try and explain.. When i moved into the property it had recently been converted from a house into four flats. i was recieving two bills from BG (one from the previous meter which was no longer at the property and one for my flat). I informed BG that the bills from the previous meter could not have been for my flat as they were dated from over a year before according to the bill dates. BG accepted this after some investigation and had the "phantom" meter removed a few weeks after i had moved in. I then used uswitch to change suppliers as discussed in my original post. This is the only time where i can see that things may have gone wrong with the meter serial numbers, but i've just now checked my bills against the serial numbers on the meters again (to be sure) and the ones i provided are correct. also, i only requested the switch after the other "phantom" meter issue was sorted, or so i thought. The bg dd was never cancelled by me, so it must have been done at their end and looking back through my statements they never took any further payment from me even though there must have still been an amount owed. It all seems to add up to the switch going through (which is what i thought at the time especially as the Npower DD started). As ive said before i have no idea what to make of it at this stage. Having bills paid for a year would be great, but i'd settle for being on anything but the BG standard tariff which i am at the moment. I'd like to change but to worried that this would just compound the issue at this stage. Like i said, i'll keep post up any worthwhile info here as i get it. It's only been about 2 weeks since ofgem have been involved, so it may be a few more weeks yet before i see any sort of resolution.

thanks for the advice. I have now raised a complaint with ofgem and sent all the correspondence etc. and will post here any developments and the outcome. at last it feels like something is being done. As an aside, npower tried again to take control of the account since my last post. i asked them what they were doing, but they gave me the brush off with "its not showing on our system" crap. my credit report shows the account opening at the end of feb and being closed a few days later. obviously, I've sent this info and a copy of the credit report to ofgem - but it beggars belief!

that is interesting. the outstanding amount was no where near £500. I have kept all of my bills etc from both utility companies. I will give ofgem a call tomorrow to see where i stand and then start the letter writing. thanks for the advice i'll post on here what happens next. hopefully some useful advice to anyone else in a similar situation.

I originally signed up through uswitch to npower. But as there was 63 pound on my old bg bill (back in may 2013) BG did not release the account - at least that is how i understand it. I even had a "sorry you're leaving" letter from BG and welcome letter from Npower". Yet Npower then continued to take money from my bank account even though it was an "erroneous transfer". Since i complained to them BG have told me that Npower have tried to take control of the account (10 months after the original switch did not go through). I've been completely reasonable with both companies, but it is getting beyond a joke now. Thanks for the heads up on the eight percent. I will look into that. But whio is at fault in your opinion. BG or Npower - I think it is Npower as they have no claim of the account. Should i be making the complaint against BG, or both?

Hi all, Could some one please give me some advice on a problem with Npower that I have. In May 2013 I used Uswitch to change my gas supplier from British Gas to Npower. As far as I knew at the time the switch went through and Npower started to send me bills and take my monthly direct debit from my bank account and I always paid on time. At the end of december 2013 British Gas sent me a letter stating that they were going to cut of my gas and elec for non payment of bills. I immediately rang Npower and asaked them what was going on as I had dutifully paid my gas and electric on time. Npower said the account was definitely with Npower and that I should call british gas, which I did. British gas confirmed to me that they had never given ownership of the account to npower and it was not their problem, "and by the way we have been reporting your missed payments to the credit reference agencies and if you do not pay £££'s now we will arrange for a DCA to come and steal your belongings". I then paid up the minimum payment they would accept there and then and set up a payment arrangement with them. Worst of all as it was a standard rate it was more than what it would have been had i actually been on Npower's tarriff. I then called Npower and asked them what the hell they were doing and asked why they have been taking my money by direct debit if my account is with British Gas - They could give me no answer. I started a complaint with them and expected the matter to be resolved immediately especially as they have hundreds of my hard earned pounds in their coffers. 6 weeks later and I had heard nothing back. I called Npower again to ask where my money was and they said that they were waiting for British Gas to release the account and would credit the overpayment to my account. I never told them that I wanted to be with Npower (why would I after all this?) So it now turns out they are trying to take over my account and lo and behold BG ask for a final repayment on what is still owed - which i don't have. I have 2 more weeks to go before i can invoke the wrath of ofgem (8weeks after initial complaint) and it has gone so far that i want to nail Npower to the wall for this given the stress it has caused me and my partner and the fact that Npower still have 6months worth of my utility bill cash which i need to pay off British Gas. I've been having a look around the site and can't find a similar thread so any advice welcome. Thanks.

Just reporting in after several months and still no news. Had a couple of dodgy phone calls from various obscure companies who i suspect are in some way related to restons. Haven't given any details. Hopefully this will soon be at an end. Steampowered, is it time to look at having this struck off or should i just leave it? Anyone else have any advice. Also, i look at having this struck off my credit file?

Just spoke with the county court and was informed that the case had been stayed. Good news (for now). Does anyone have any advice about what to do next? Am i supposed to just sit on my hands or can I petition the court to have the case struck off? Any advice appreciated.

Just a quick update. I still haven't received any info from Restons. The time limit is up and I rang the court to see if anything had been received by them. I was informed that there is a two week backlog so still waiting for some resolution. Will post on here when i receive any new info.

Quick update.... Acknowledgement of my defence received today from the court (dated 16th of July!). The letter stated that the claimant has 28 days to respond once they have received a copy of my defence, though the letter i have does not state when that is. If there is no contact from the claimant with the court during this time then the claim will be stayed and that the only action the claimant can take after this time is to apply to a judge for an order lifting the stay. Sound normal?

Managed to finally get on to the MCOL site (4 hours!) Anyway, defence submitted as per Citizens advice, with tweaks where appropriate. Lets see what happens next. Just for inf... I didn't make a counter claim for costs as I wasn't sure this was the right thing to do at this stage. If I am successful can I still claim for costs etc at a later timer - obviously any thing awarded will be going to CAG donation

A bit of help please, I've been trying for the past 3 hours to get on MCOL to input my defence and can't log in. I've had my pw and gov gateway number resent - still doesn't work! Tried ringing and also re-registering. no luck! has anyone else had this problem or know how to resolve am seriously stressing right now...

Thanks citizen . I'll post a draft of what i intend to put in my defence shortly. Tomorrow is the deadline,but im going to get it in tonight. i'll keep you posted.

So, as suspected no information has been provided in relation to the CPR request and the time limit has expired. I have to enter my defence tomorrow. Can anyone advise as to what i need to say? Citizen has given me the low down on what it will basically amount to but how do i word it. Also, HSBC haven't confirmed the statement so I cannot say that the account is statute barred. Any help greatly appreciated!

I don't think i noted the name of the woman on the phone, I'll have to go through my notes when I get back home. I could go to the branch and see what they say about the account. Would that be a good idea? Alternatively I could phone them up again and go through the process of having them search for when the last entry was and what the amount was for? As I said earlier in the thread there have been some payments into the account, but i suspect that this is returned charges as they all seem to be for £25 according to my credit report - this was on the 06/05/2010. The account is also shown as settled though the same amount is shown against a default account with Marlin. I'm getting very confused by all this. Restons should respond to my CRP request by Saturday which will hopefully shed some light on all this but I'm not holding my breath on them providing anything. I have to have a defence by Monday, and I am concerned that I will not be able to enter anything due to lack of information What will my defence be if i do not have any of the information?

Thats a pretty accurate description of the situation Citizen. I have sent several letters now (details earlier in the thread) nothing has come back as yet from Restons confirming anything to me.

Citizen, I've just had a look through all the letters I have. There is no mention of the correct HSBC account number on any correspondence from them. In addition when Marlin sent me the "Change of Agent Notice" the letter only stated the Marlin Reference. Just to be sure, I've double checked the account number it is definitely not the one shown on the POC or any of the correspondence.

Hi Citizen, Apologies for the late reply my brothers jus had a new arrivals so been away visiting. Anyway, to the matter at hand... The woman on the phone at HSBC had told me that she could not see any credits into the account. However, after I thought about it for a while I must have been having my salary paid into HSBC in 2010 as this was when I opened a new account with another bank and had my salary paid into that instead. I don't know why she got it so wrong!? Therefore, I cannot see why it will be SB'd. I do not have copies of my statements and can't access them online. I haven't SAR'd HSBC at this point - is it worth doing that now. Is it also worthy of note that the account numbers referred to on the POC is not the same as my HSBC account number.

CitizenB, So now that I've sent the CPR request (next day signed for), what can i do to be proactive about the next step? I really don't want to sit twiddling my thumbs! By my reckoning Restons should respond by the 13th and I will need to submit my defence online by the 15th. Any advice?

No problem at all. You've already more than helped.

CitizenB Caught me just in time. I'll quickly amend and post. Thanks for the template.

Here is a draft of the letter that I intend to send (it will include obvious omissions). Does it look okay to you. Dear Sir, Re: MARLIN EUROPE 1 LIMITED v XXXXX Case No:3XXX CPR 31.14 Request On 18th of June 2013 I received the Claim Form in this case issued by you out of the NORTHAMPTON (CCBC) County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored CAN I INCLUDE THIS PARAGRAPH GIVEN MY PREVIOUS REQUESTS FOR CCA – ARE THEY RELEVANT FOR A CURRENT ACCOUNT?? Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim: 1 the facility letter 2 the assignment 3 the statement of account showing how the amount claimed has been assessed Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. yours faithfully

CitizenB, Apologies a bit of duff information there. They did not know my new address I only moved last month. However, when I completed the AOS my contact details are my new address. Restons do not have my new address but I will include this on the letter i send tomorrow.

Thanks CitizenB, Yes the bank was aware of my address My defence has to be submitted by 16th of July by my reckoning therefore I still have time to request the CPR given that Restons mus supply me with the information within 7 days, or am i going to struggle with this in your opinion? . I will carefully read through the letter and send by recorded (next day signed for) delivery tomorrow. This is a current account. If there is no agreement, as you say in your post, does this mean that my CCA request is irrelevant?