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AndyOrch

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AndyOrch last won the day on April 15

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  1. Have you previously requested the agreement by a CCA request ?
  2. https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126
  3. Hearing fee refunds have been abolished anyway so Removal of the ability to claim a refund of the trial fee if the matter settles or is discontinued after the hearing fee has been paid; • Changes to the time hearing fees are due and payable to Court – these will be amended to 28 days prior to the trial date or the start of the trial period
  4. No.... its not for a defendant to tell the court to dismiss a claim within a statement, denied is fine … it should state... By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  5. Also just another point when you refer to an exhibit it should be marked after that paragraph (see exhibit 1a) etc etc and your exhibits marked same.
  6. 1.You only attach exhibits you have referred to either within your defence or statement...and wish to rely upon as evidence. 2. No you have not mislead the court you referred to the meter number not the account number. 3. If it is raised just say that you got confused. 4. As long as the court get theirs on time ..it can be a day late but you could also email it to the court.
  7. With regards to your point 18 and which the claimants statement fails to respond to within its defence response section of the statement (conveniently) I would add something along the lines of.... 18. The Claimant’s intentions further show signs of malpractice as this Final Bill (page 15 & 16) also reflects Back-Billing and is vastly disproportionate to a residential home’s electricity usage. It also does not show deduction of the monthly estimated charges duly paid by the onboarded user.To add to this, the Claimant never produced any contractual documentation. (Page 23) The claimant has failed to respond to this part of my defence within its statement response and therefore I raise this again in line with current Ofgem guidelines " You cannot be charged for energy used more than 12 months ago if: you have not had an accurate bill for it before, even though you asked for one. you have not been informed about any charges due via a statement of account before. Use the following as an exhibit. https://www.ofgem.gov.uk/information-consumers/energy-advice-households/what-do-if-you-get-back-bill#:~:text=You cannot be charged for,to cover any charges due Rest of the statement is concise Andy .
  8. How to enforce a County Court Judgement (CCJ) For debts under £600, County Court Bailiffs handle collections through a warrant of control. Form N323: Apply for a warrant of control to recover money you're owed after a court order - GOV.UK WWW.GOV.UK Ask the court to instruct bailiffs to collect money owed by a debtor and identify the debtor's goods that may be sold. Known as a 'warrant of control'.
  9. How to enforce a County Court Judgement (CCJ) For debts under £600, County Court Bailiffs handle collections through a warrant of control.
  10. Not really thats a last resort measure if the Bailiffs fail to recover and you then move on to consider a Third Party Debt Order. If the defendant does not make the payments ordered you can consider whether you wish to proceed to enforcement. There are various methods available which are explained in thebooklet EX321 (I have a judgment but the defendant hasn’t paid – what can I do?). This leaflet can be downloaded from www.justice.gov.uk/forms. If you wish to apply for a warrant of execution, this can be requested online. For all other methods you must contact the court to request a ‘transfer for enforcement’. Once you receive the notice of transfer you may contact the appropriate court directly in order to apply to enforce your judgment. Please note that you will no longer be able to see updates online and you will need to contact the court of transfer for future correspondence. Requesting a Warrant online Step 1 - Guidance Choose the “Warrant” option from Claim Overview page. This brings up a guidance screen, including a warning that the warrant should be for a maximum of £5000 including costs. Steps 2, 3 & 4 – Claimant / Defendant Address Please follow the instructions outlined when entering judgment Step 5 – Warrant Details On the “Warrant Details” page the claim judgment figures will show in the top section. The “Balance due at date of this request” box will already be populated with the judgment figure; this should be amended to the current amount outstanding. You must then type in the amount you would like the bailiff to collect on the warrant. This amount cannot be more than the outstanding balance due on the judgment and cannot be more than £4900 as the system will not allow the warrant to exceed £5000 (including the warrant fee of £100). At the bottom of the screen there is a box for “Additional Information” where you can provide any extra information that may assist the bailiff in the execution of the warrant. The additional information has a limit of 120 characters and the same conditions apply regarding punctuation as with the POC. Steps 6, 7 and 8 – Summary, Payment and Confirmation Select “Next” to move on to the “Summary” page. You will need to check all the details and then tick the box to confirm all the information is correct and that you have read the guidance before signing the page. Click “Next” to proceed to the payment screen.
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