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tsb DD Guarantee GB Energy/Co-Op Energy - Indemnity Claim ?


the thinker
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I think there may be an error in procedure here.....

 

TSB plc filed a defence on 20/02/2017

A bar was put in place for TSB plc on 20/02/2017

DQ sent to TSB plc on 20/02/2017

 

 

 

 

5.9.4 Where the Centre User wishes to continue with the claim, he must respond to the court

within 28 days after service of the defence on him: failure to do so within the time limit

will result in the claim being stayed. Any application to remove the stay is ‘without

notice’ with the appropriate fee and the application will be referred to a District Judge.

 

5.9.5 Where a claim has been defended, the claimant has 28 days from service of the defence

to confirm that the claim should continue. The CCBC will then send a notice to all

parties giving a date to which the Directions Questionnaire should be filed with the

CCBC.

 

5.9.6 The Centre User shall produce a Directions Questionnaire to be returned to the CCBC.

The Centre User shall identify the appropriate county court hearing centre to transfer

the claim to on the Directions Questionnaire as follows:

 where the defendant is an individual, to the defendant’s local county court hearing

centre

 where the defendant is not an individual, and where the claimant is represented,

transfer to the claimant’s representative’s local county court hearing centre

 where the defendant is not an individual, and where the claimant is not represented,

transfer to the claimant’s local county court hearing centre.

 In line with CPR part 26 where the defendant is not an individual, the claim can now

be sent to the claimant’s preferred hearing centre as indicated on the claim form or

Directions Questionnaire.

 

Regards

 

Andy

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So 28 days thats correct.

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hi,

 

a little update.

 

 

... i have been emailing bacs today for reSponses from me,

 

 

they reply is-

As you have detailed that this matter is in court for bank refusal to comply with the Direct Debit Guarantee and being unfair to yourself,

 

 

I have escalated this matter to BACS Payment Schemes Limited to investigate and advise a response for you.

 

Whilst the Scheme are investigating this matter for you, any future communication we receive from yourself will be forwarded on to themselves directly.

 

We will acknowledge your emails,

however we will not provide a response to your queries until the Scheme have provided us with their response.

 

This has been raised internally under reference XXXXXXX and I would like to request that in any future communication you please provide this reference number, so myself and colleagues are able to provide you with the correct level of support by understanding your previous questions.

 

I hope this helps you and once the Scheme has had some time to investigate this matter for you, we will be able to provide you with their final response,

 

Any Thought,

Regards

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Hi,

 

Alittle update-

BACS Payment Schemes Limited have responded as follows –

Thank you for your recent enquires where Bacs Service desk have responded to a number of your questions. We note from your correspondence that this matter is now the subject of legal proceedings, consequently, Bacs is unable to enter into any further correspondence with you in relation to this matter.

 

Regards

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That is great news. Well done. Also, thank you for letting us know.

 

I would still be interested to know the result of your SAR disclosure when it eventually arrives. I expect that it will show that they never carried out any kind of investigation.

 

I'm sure that once again your success here shows that BCOBS is an extremely powerful set of regulations and that the banks are extremely concerned to avoid a BCOBS judgement against.

 

It's a real shame that BCOBS is so underused – or in fact not used at all. It is an extremely effective weapon against poor treatment by British financial institutions.

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So, BCOBS threatened, Claim issued, defence submitted by energy company - but at the last minute they have settled a claim that should have been dealt with over 3 months ago!

 

I think I might have lost the plot - it was the bank the claim was issued against, not the energy company, yes ?

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