Showing results for tags 'scottish'.
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I have two court cases on the go - but figured this would be better as a separate thread, so that it was easy to find for anyone else in the same position. Can anyone provide the legal and factual argument that is required to claim recompense for unjust enrichment. I need this info for court, but don't know where to find it. Is it not enough to state " the enrichment lacks a legal ground to justify the retention of the benefit" I claimed recompense, as in the Dollar Land PLC Vs C.I.N Properties Ltd case
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As a landlord I have just had new tenants move into my property. I informed scottish power that they had moved in, but have just had a phone call to say that as the last tenant has not paid their bill scottish power must now put a pre-payment meter in and if I dont give my consent they will get a warrant to do so. They also said they would stop me using an alternative supplier because of the debt. I still hold the previous tenants deposit, although it is not enough to cover the full debt left behind by the tenant it would cover about half. I have heard of companies accepting a 'settlement figure' - is there a particular department that I could offer this to, or do you have any suggestions as to what I could say that would persuade them to accept the settlement and therefore not put in a meter? I know meters are not always evil, but I also have my property on the market to sell, and I feel a prepayment meter would put off potential buyers. Many thanks for any help in advance - I see there is a scottish power rep on here, I can't PM him as I have only just registered, but if someone else could I'd appreciate it.
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I've recently moved back to Scotland after four and a half years abroad and I've started full time employment in the hopes of securing a mortgage in the next couple of years. I have checked my credit report on Noddle and I know I need to work on getting it better. I have various debts (two credit cards, a personal loan and two overdrafts) that are still outstanding. I have 5 items marked as default (2 default 2007, (1 in Aug, 1 in Nov), 2 default 2008 and 1 default 2010.) I have not received any correspondence from these companies about these debts in a couple of years as far as I'm aware, my mother would just RTS if anything arrived that she did not recognise. Am I right in saying that these debts become statute barred after 5 years because I am in/and applied for these cards/loans etc in Scotland, or are the companies going to say that they are an English company therefore they are statute barred after 6 years? For example a cahoot loan, applied for online in Scotland, but with an English company. (Which according to the credit report is now owned by Santander so it's not surprising they rejected my application for a current account!) Also is it worth acknowledging these debts now that I am back in the UK and earning as I feel I should do the right thing, or is it worth waiting it out for another 8/9 months (if 5 years) and having four out of the 5 removed from my credit report? If I acknowledge and arrange for repayment will these defaults stay on my report for another 5/6 years? I will also say that although I haven't heard from any of these companies on my report I have heard numerous times from Lowell/Red for various accounts! After hearing nothing about any debt for a couple of years, I arrived back in May for several weeks before flying to the US for the summer, and then all of a sudden when I return at the end of August there was a big pile of letters from Lowell/Red about debts. (all from 2002/3/4 if I recall, I'm not worried so will send the Statute Barred letter ) I have managed to get a new phone contract and had a PAYG number transferred over that I had since Aug this year. The only people that I have given this number out to is the bank with which I opened my latest current account, Orange (the old company I had the number with), 3 (who I transferred the number to) and several job applications and the jobcentre. Any idea as to how they get their information as they have recently started calling me on my mobile? I don't answer it and I'm not concerned about them calling, but I am a little concerned about their practices of where they get their information! Sorry for the long post! Would love any information about the Scottish statute barred debts. TIA
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http://www.bbc.co.uk/news/business-19952457 -
This situation has become horrendous but I will try to keep it short. Privately renting a flat in a converted house since 2001, my gas was & still is with British Gas, electricity paid via coin meter that landlord had installed. After a few years of the meter, I asked landlord to remove it which he did. I then had a Dual Fuel tariff with BG. Near the end of 2003, I suddenly start getting 'welcome' letters & bills from Scottish Power!! I rang to say I wasn't with them, as I wouldn't spilt my bills & cost myself more money but they refused to listen as I had apparently signed up with them. I asked for proof of this which they have never had or shown me. I have spent years trying to cancel the account that I never wanted & trying to go back to BG but SP just don't listen. They have been billing me for electricity but the meter serial number they have is for an address in the next street! I also have the problem that it seems that my meter/account is somehow attached to the flat upstairs which means that I am being held responsible for all the tenants who have lived up there too. I have been to the Ombudsman who agrees with me but who says as SP no longer have proof of my signature, the onus is on me to prove I never signed anything with them The bill is approx £6k at the moment. I am disabled & on benefits and have now had a warrant entry letter & I cannot deal with this anymore. Sorry to ramble but this is making me ill & I know it has gone on for too long but the Ombudsman took a year before getting back to me. Any advice & help very gratefully appreciated... -
Hello! I have been living in my home for just under a year, after moving out of my parent's. During the summer I got a little behind on my payments (paying only half the monthly payment for two months in a row, I had to pay for a boiler repair) . I am on a monthly cash plan, I pay £103 a month for my little two bedroom house. Now I'm a month behind, so I clear the debt fine, but it means I can't pay my monthly payment so every month I am replacing an old debt with a new one. I'm a single parent on full time access course, so by necessity I'm currently on Income Support and Child Tax Credits which just about covers feeding us and paying my bills. I was completely on top of the bills up until August. I know it's not alot of debt, but I am terrified about what it's going to happen in November when I have my review. Will my monthly payments skyrocket? I'm worried that I won't be able to afford it, along with my water/tv/phone. I am actually £128 in credit on my account and my last bill amount was £243 (actual) . If that's helpful. I would really appreciate some insight here Thanks very much
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Hi Folks, I need a bit of advice. I had a debt of about £1700 with my energy company - this was and still is in dispute as the balance is based on estimated gas readings. My issue is that the debt has been passed to MIL Collections who have been harrassing and stressing me out. I have told them that the matter is in dispute. They ohoned me today and I said I will not deal with them, the chap was rather abussive and then said he would take £1000 to settle!!!!! I told the chap he was to go away and hung up. He phoned me back about 2 minutes later and said that I had a **** on my drive and that this would be put in his notes. The **** was on my drive for a couple of days as it was my parents who stored it before selling. How the hell did they know this. They are in Cornwall and I am in Essex. I want to get something sorted out with this debt but do not want to deal with the bunch of xxxxers at MIL. Can anyone give me advice. Cheers -
Looking for any other peeps with Pension plan circa 1988 initially with TSB then Scottish Widows and Lloyds TSB Scottish Widows. Have original terms and conditions if you need them.
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Wonder if anyone has any next step guidance re pre-2005 PPI claim? I have been battling with London Scottish for a 16th December 2004 executed loan which had £6,000 PPI pre-added to the contract. It obviously sticks in the throat as it was less than a month before regulation kicked in 14th Jan 2005. As London Scottish (LS) went into administration, I approached them and the declined any wrong doing (about 18 months ago) I then went to FOS who have case workers who suggested they go after the underwriter Aviva. Top cut a long story short, this has been going on for 17 month, and I have had various case workers who have left the FOS along the way. although the previous case worker told me they were approaching Aviva for a group of borderline cases (mine included) who they felt should be refunded by the underwriter. As I said, the previous last case worker left last month (out of office email saying no longer works there), so I decided to upon calling last Friday 12th October for an update to a general line at FOS I was told there was no new, and no correspondence between Aviva and FOS in months. Today (Monday 15th October) I took a call from a new guy at the FOS who told me (despite nothing new only a few days prior) that the FOS had ruled there was nothing for Aviva to answer, as there's no proof of a link between LS and Aviva (the only contract/documents I have have no Aviva reference just the LS ref, with the generic Aviva underwriting policy). He said he would put it in writing, and I have the right to appeal. So palmed off by FOS, palmed off by LS, the FSCS say I have to have something from FOS anyone have any ideas how I can pursue. FYI, I have all the original contracts, and it is clear the PPI was pre-printed with no option to delete. Thank you in advance, Dusty
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Hey all, Thought I would bring you all up to date with my ongoing battle with Scottish Power. Basically I was with Scottish Power for Gas in a previous property. I changed supplier, never received a final bill nor any further correspondence and left the property some 2-3 months after leaving Scottish Power. Having gone through my credit file recently, Scottish Power have a default registered against me for the end of 2009. Chronological order of events: 17/09/12 Queried default with complaints department, told unequivocally that regardless of whether I received Default Notices etc, their Default Notices are not bound by Consumer Credit Act and they dont legally have to send them. 17/09/12 Sent recorded letter requesting copy agreements / default notices / statement of account / final bills etc. 21/09/12 Final bills received, all with estimated readings. Default notices received dated 14/07/2009. No agreement. No T&C's. No statement of account. 27/09/12 Submitted Subject Access Request. 05/10/12 Received data as per Subject Access Request. No agreement still. No T&C's of account. No record of any meter readings. No agreement details and their statement of account shows the alleged debt was written off at the end of 2010. 06/10/12 Latest correspondence to Scottish Power, advising that numerous documents were missing from the SAR (Agreement, T&C's, Final readings etc) and that their failure to provide these only raises assumptions that they do not possess such information, or that they are deliberately with-holding personal data and such in breach of DPA. No response as yet to this correspondence. A couple of questions if anyone could be so kind as to help with these. >What format does a Default Notice have to be in, in respect of an energy supplier which is not bound by CCA? >Scottish Power have declared that as I previously made a payment, this automatically counts as full acceptance of their terms and conditions (which they failed to provide). Is this correct? >They failed to give any indication as to how they deduced the final readings for the final bill; and refuse to comment on the matter. Do they need to ensure that accurate readings are used before a final bill can be generated? As per all documentation I have received as part of the SAR, all statements etc. All show this account as having a £0 balance. One of the statements clearly details Written off. Yet, they are adamant that I still owe the amounts in question. If their own documentation shows a balance of £0, are they legally obliged to update my credit file? If they dont, do I have grounds to issue court proceedings? Thanks for any help, greatly appreciated.
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Hi, Are scottish CPR rules the same as English ones? I have a repossession hearing coming up and would like to know how to get the case dismissed/struck out. Thanks in advance for your help
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Hi, I wonder if anyone can give me a bit of advice. Might seem like a strange issue but let me explain. I'm trying to improve my credit score. Currently I don't have much on my credit report as I have recently finished university and moved into a rented property. I don't have any negative factors apart from one. When I moved into my current rented flat, Scottish Power (my previous supplier) offered to beat British Gas (existing supplier at the new flat), so I agreed to switch. Eventually the switch was complete and SP have been supplying me since. The negative thing currently against my name is that BG only supplied me for around 2 months (while the switch was in progress), and short accounts are a bad thing. SP doesn't show up at all, at my current or previous address. I've called and emailed SP about this - they don't seem able or willing to do anything about it. I can understand that they don't really care as it doesn't really affect them but is there anything else I can do about this? Despite numerous communications, my address is still showing up as incorrect on my online account. I don't know if this is related, but I don't think I've ever recieved any correspondence through the post to this address from SP. I'm just not sure they've got a clue what they're doing. As long as I pay every month, they just don't care. All this has come about after I was recently refused a new phone contract with Orange after a credit check. I'm now trying to tie up everything on my credit report which should be there as I'm convinced I should have a good score. Any advice much appreciated. Am I wasting my time with this? Thanks, Tom -
Hi i have contacted London Scottish about ppi and have just had a reply off them to confirm that they owe me £427 from before they went into administration and as it is from before jan 2005 i am one of there creditors. My question is will i get paid or will i be on a long list of creditors and recieve payments in dribs and drabs if any ? Any help would be appreciated.
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Sorry if I'm posting this in the wrong place... I have two defaults with Scottish Power (one for a gas account, one for an electric). Scottish Power have confirmed this with me including dates and I am responsible for it. When trying to negotiate a F&F settlement, they tell me it is being dealt with (but would not confirm or deny if it has been sold on to) Past Due Credit and to deal with them instead. You go around and around in circles with SP - they won't let you speak to any form of customer compliance/credit. Even their 'complaints' side of things refuses to give you contact details for that dept. SP are really beginning to p me off, and I am considering complaining over and above their heads. Past Due are really dragging their heels as well. I have found an email address for a human () with a bit of google detective work. I read constantly that this DCA are a bunch of cowboys which doesn't fill me with much hope that my CRA is actually going to be amended when I do pay up. Not only that, but no-one has actually responded to my email besides asking me to confirm I lived at the property and what dates. I get the feeling that by being so lax there is probably a problem with the debt but in all honesty, I just want to pay it off now, have the CRA and fight over a bad debt later (if that is the case). I have a tight deadline to get rid of these defaults before I have to wait a year for another promotion (I get credit vetted) and I do not want to wait that long, nor do I really have the timescale to SAR, wait til the 39th day and then try and sort out a F&F. I just don't know who I am meant to deal with, SP or PDCS? Either way I'm complaining about one shop - it is ridiculous, its like they don't even want to take my money but continously write me letters demanding it!!
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This is completely hypothetical as its already been sorted but i really want to find out for my own curiosity, I have fallen a little behind paying my gas bill through hydro electric, the account was about £90 in the red so not a huge or unmanageable amount but still i never done anything about it. i had been in the flat all morning today and left around midday to go out and do a couple of bits and bobs when i noticed a letter lying in front of the close door, i found this strange as the postman always delivers through the door as he should, i picked it up and it was hand addressed to me, it was a final notice advising the next step was court to put me on a prepayment meter. at the top of the letter read in bold "PLEASE NOTE YOU've BEEN CHARGED £41.64 EXCLUDING VAT FOR THIS VISIT" now i was pretty annoyed to begin with anyway as i know no one made any attempt to ring my buzzer or gain access to my property as had just slid it under the door, I'm not sure how that constitutes a visit!! decided i really should pay something so went online and checked my bills and the same charge was showing dated 26th june, this in itself is strange as i never noticed any letter then (although if it had just been slid under the close door again where all my neighbours go it could have been thrown out) i called them up where i was advised the charge on the bill from the 26th of june is for the visit that they just carried out today!!!! immediately this rung alarm bells, can a company put a charge on your bill 2 months before a visit has even been carried out? i decided not, i mentioned i was going to post on the forum for advise and the gentleman i was speaking too (the manager id been passed to who was very helpful by the way) seemed intent to keep me on the phone and advised he would speak to his manager, low and behold he came back and said the charges would be wiped off and i could just pay the balance. ....moral of the story is if something doesn't seem right its probably not and i think they knew that stick to your guns. just to find out though (and for anyone else that finds themselves in this situation can they charge an account for a visit that doesn't take place until 2 months after?? Thanks! -
http://www.dailyrecord.co.uk/news/business-consumer/sse-increases-energy-prices-by-9-1274249
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The Scottish Government has introduced a new law aimed at protecting tenants in the social housing sector with rent arrears from eviction. Under the amended Housing Scotland Act (2010) rental landlords will be required to undertake a series of actions before they can refer a tenant to court for eviction action. http://www.scotland.gov.uk/Publications/2012/06/2337/0 The Scottish Government has stipulated that tenants be offered housing benefits advice and that landlords take “proactive steps” to put in place a payment plan. The new legislation, which came into effect this month, will also allow tenants to reach an agreement on rental arrear payments after a court eviction order has been granted. http://www.credittoday.co.uk/article/14265/online-news/scottish-law-to-protect-tenants-in-arrears -
Hi Folks So far I have been successful with getting a PPI claim out of Santander and I have had a suspension of activity on an Ambrose Wilson account. My newest issue is an old council tax debt appx £2400. I have written and made an offer to SCott and Co to pay this off at £100 per month for 24 months which i think is reasonable. In response they have sent me a letter saying that they need to assess this further and will I complete an income and expenditure form. Which would be allk well and good however they are asking for all my bank details, my NI number etc etc of which of course I will not be giving them. How can i respond to this letter and get them to acept what I have offered? Everyone here has been very helpful in the past so Im back looking for advice. The other thing is this they have issued 2 charges for payment for the one debt which makes me think that they arent really charges as I understand this is a common practice with these bandits- issuing a charge for payment when there isnt actually one. Please advise. Kind Regards Ceebee:!: -
Hello all, this is my first post but need to ask you for my advice. Over a year ago I rented out my house to a tennant at short notice. I had previosuly just changed energy suppliers to scottish power but i had confirmed with them before the tenant moved in that I was not a customer yet and my previous supplier EDF was still supplying me. I rented it out via my letting agent have had not contact with the tennant. Last week a letter appeared on my doorstep a FORMAL DEMAND from PDCS acting on behalf of scottish power demanding over £70 in my name for energy used. I rang scottish power and they told me not to worry as the dates for the usage of energy related to the intial period after the tenant moved in. The tennant never actually paid or responded to the bills, however she decided to change suppliers 6 weeks later but never changed the Bills into her name despite me giving her details to scottish power when I called them up to let them know the house was to be rented out last year. SP tild me to copy the tennancy aggreement and sent it RD and also inform PDCS, of which I did explaining the situation above to both parties. I also sent the special "Prove it" letter on this site letting them know my rights and stop harrassing me to PDCS. Now I have received another letter from PDCS thanking me for my letter and that they acknowledge my dispute however they are asking me now to "confirm to them my connection to the property" as they have been told by scottish power to chase me for the debt. I already told them this in my "prove it" letter and that it was being let out by myself and that i am dealing with scottish power. They have also said that I have 28 days to contact them by telephone. I just want to know if I am legally obliged to ring or write to PDCS. They have not provided me any details of the debt I am supposed to owe despite me sending the prove it letter. Why are they asking me something that I already told them? Are they allowed to chase me when I am dispuiting the debt with scottish power or is this a phishing letter wanting information from me. What is the next move I should make?
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I am brand new to this, so sorry if I have posted in the wrong place. We engaged a Scottish firm to do some work for us. We entered into a contract whereby they would deliver three outcomes. Owing to some very complicated circumstances (neither ours nor their fault) these outcomes were not achieved and they sent us their bill for services. We felt that the bill was excessive in view of the fact that none of the outcomes were achieved. However, we did recognise that they had put in some hours work on our behalf, so we paid two thirds of their bill, and explained why one third was being withheld. They are now threatening us with small claims in the Scottish Sherrif's court, as their business is based in Scotland. However, we are not. We are English residents and always have been. What validity, 'teeth' ,legality, does the Scottish Sherrif's court have over English residents,? Can anyone help us please? -
After hearing the same story from 3 former SSE customers recently.I thought it would be a good idea to start this thread as it looks like this was routine practice. It seems SSE advised customers who were looking to switch from them that they would need to pay £200 since this was their balance owing as their Direct Debit payment amounts were set to low by SSE. As some will know SSE were fined £1.25m for their doorstep selling practices see here; As a result OFGEM ordered SSE to compensate those customers affected. SSE claim that they need a few weeks to act on a complaint of miss selling to determine how much the overpayment if any will be. This presumably means checking their charges agains a customers previous /existing one before they were miss sold the SSE package. What many are asking is how can we be sure they will arrive at the right figures given their history ?
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How on earth can one have a Scottish decree recalled - 3 years after it was made? Royal Bank of Scotland misled the Sherriff's court and insisted that there was no PPI on a debt that they were suing on. They got their decreee and the defendant has suffered great hardship and difficulty ever since. She is now able to prove the existence of the PPI policy. In England it would be straightforward to have the judgment setaside in these circumstances. In Scotland, it seems that there are very strict time limits - max 12 months. Anyone any idea? How can one reopen a case in order to remedy a grave injustice caused by the Robber Bank of Scotland? -
Hi I have recently accessed my credit file and have a debit registered as default from scottish power, can any one tell me who to contact to get this sorted, i tried to pm the scottish power guy on this board but as im new i couldn't. I have no account no or any other details. Regards Stu
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Scottish and Southern Energy (September 2010) Investigation into compliance with obligations under the gas and electricity supply licences (Standard Licence Condition 25) Ofgem is investigating whether Scottish and Southern Energy is complying with obligations under standard licence condition 25 with respect to telephone and face-to-face sales activities. By way of background, following the Energy Supply Probe – link opens in a new browser window, Ofgem put in place a new version of standard licence condition 25 with a view to helping domestic customers make well-informed decisions in response to telephone and face-to-face sales activities. In particular, there are new requirements for domestic suppliers to provide estimates and comparisons during face-to-face sales activities (with effect from 18 January 2010) and to secure the achievement of an objective in respect of both face-to-face and telesales activities (with effect from 21 October 2009). In summary, the objective requires domestic suppliers to take all reasonable steps to ensure information provided is complete and accurate, understandable, appropriate and not misleading, and that sales activities are conducted in a fair, transparent, appropriate and professional manner.
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Scottish Power (September 2010) Investigation into compliance with obligations under the gas and electricity supply licences (Standard Licence Condition 25) Ofgem is investigating whether Scottish Power is complying with obligations under standard licence condition 25 with respect to telephone and face-to-face sales activities. By way of background, following the Energy Supply Probe – link opens in a new browser window, Ofgem put in place a new version of standard licence condition 25 with a view to helping domestic customers make well-informed decisions in response to telephone and face-to-face sales activities. In particular, there are new requirements for domestic suppliers to provide estimates and comparisons during face-to-face sales activities (with effect from 18 January 2010) and to secure the achievement of an objective in respect of both face-to-face and telesales activities (with effect from 21 October 2009). In summary, the objective requires domestic suppliers to take all reasonable steps to ensure information provided is complete and accurate, understandable, appropriate and not misleading, and that sales activities are conducted in a fair, transparent, appropriate and professional manner.
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