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    • Doc 04-19-2024 11-01-51-merged-compressed.pdf good morning.    9 pages attached.    thank you  UCM
    • Hi I was being supplied my ovo after unknowingly being swapped from SSE.  My issues began when we had a smart meter fitted and our bills almost doubled overnight - we at the time assumed we were just paying not enough until then and just continued to pay the excess bills each. Month.    I would from time to time contact ovo and get faced with a call centre on South Africa of the most rude agents who would just hang up after hours of wait and I could not even get an acknowledgement of an issue with my meter.  At one point we were not in the property for like 4 months and the bills were coming just as high!  It was at this point I was sure something is not right and ovo only care to send bailiffs and started threatening us with a pay as you go meter despite me taking out a 3.5k loan to pay of my outstanding balance.  Around 1600 each on both gas and electricity.  This is where its gets really bad -  the very same day they sent me out a new bill saying the money paid already was only to cover up until the November previous and because its now Feb we owe another 1k.   By that August this had risen to over 3k and I still couldn't get anyone to even acknowledge a fault let alone fix it.    In despair I tried to swap suppliers and to my surprise octopus accepted us because even tho the debt is owed we are trying deal with.  During our time with them the bill was coming only on my wife's name as I was responsible for other bills and she this one - now that we owe them 3k they have magically started adding my name as well as my wife's to the same debt to apply double pressure and its showing on my experiwn report now with a question mark and 2700 showing in grey -  This was my wife's debt which we dispute we owe yet the have now sent me letter with both our names on from oriel and past due credit debt agencies - is this illegal and how can I get them to take my. Name of this and leave on wife's name as its so unfair they give us a both a defualt for wife's debt which we dispute anyway.    In the end about 3 weeks ago I wrote an email to their ceo and rishi sunak and low and behold for the first time in our history with ovo someone who spoke English contacted us and said she will look into our claim.    I explained to her that we feel our meter is faulty and despite me contacting them using WhatsApp email and phone I still have not got anyone to acknowledge a fault even. And that I dispute I Owe anything as my son was in hospital for 3 months and we stayed with him so house was empty and still. They were sending us super sized bills more than when we started at home.  She promised to investigate and a few days later replied that she is sorry for the poor customer service and offered us £50 compensation - however she also. Mentioned that she's attached statements for us confirming the payment for 3k I made was only up until Nov and in Feb despite me pay 3.5k nearly it's correct for them to bill. Me. Another £900 the very same day and she did not agree our meter was faulty and therfore the debt stands and she will not be calling it bcak from past due credit.  During my time with my new supplier post ovo, octopus I requested tehy check my. Meters because I felt they were faulty and over charging me and I got excellent response asking me for further details which I supplied and I got a. Response bcak within days to say my meter was indeed faulty and octopus have now remotely repaired it.   I then contacted the energy ombudsman and explained my situation how she at ovo tried to fob me off and demand I apy money we don't feel we owe due to faulty equipment we reported but ovo had to process or mechanism to deal with it or lodge complaint even without having to cc their ceo and our pm. And now I feel sick to think both husband and wife will get a 6  year default for debt which have a validity of a questionable nature.    I explained all this to the energy ombudsman and they accepted my case and I explained to them that my new supplier found my fault which ovo refueed to accept - I've uploaded the email from new supplier to ombudsman showing we had a fault.    My. Question is is there anything I can upload in defence of my case to ombudsman before they decide outcome ina few weeks    All advice greatly appreciated not only would I like advice on how to clear this debt but also how I can pursue ovo for compensation and deterrence for the future.  Thansk 
    • Thanks for the reply dubai 50 - if the statute is 10 years it has long passed - if it is 15 years i havea few months left. i shall ignore until it gets serious  An update - - I sent the letter to the bank in Dubai ( I did get delivery confirmation from Royal Mail)   - I have moved to a new address ( this is the address i gave to the bank in dubai)  - IDR are continuing to send Letters to the old address, which leads me to believe they are not in contact with the bank at all. - i have not replied to any correspondence digital or hard as they are non threatening ( as of yet).        
    • Your topic title was altered last June 23 by the owner of this forum in the interests of the forum Anyway well done on your result and thank you for concluding your topic, title updated.   Andy   .
    • So what    Why ? Consent Order/ Confidentiality ? This would be be invaluable to followers of your topic.  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Default Notice- Can It Be Registered A Second Time After 6 Year Rule Has Expired


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Credit Card Debt - Original Default notice 1996/7 ?HSBC

Debt Then held by Equidebt/payment plan in place until July2008

HSBC then Reassigned debt to Phoenix DCA

Question - If i make no payment can Phoenix Default me a second time on same Debt resulting in another 6 year wait re credit file

Your advice would be apreciated THANKYOU

REASSIGNMENT DOES this mean debt has been sold ??

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You shouldn't just stop paying DCA without valid reason. Before taking any action perhaps you should research this issue a little more to ensure you claim your legal rights correctly -

 

1. Have you ever applied for a CCA from HSBC?

2. Have you received a notice of assignment from HSBC, both for the Equidebt assignment & now the Phoenix one?

3. Did you receive a default notice from HSBC in 1996/7? If so, have you still got it?

4. When was your last payment to Equidebt made?

5. Have you ever reclaimed any unlawful charges aplied to this account eg. late payment, over limit fees?

 

Reassignment can mean either that the debt has been sold outright (ie. DCA has all legal rights that the OC had) or transferred partially (the legal rights to the debt remains with the OC, the DCA just has collection authority).

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Only one default can be issued against any one debt/account.

 

This is irrespective of the debt being sold or handled by any other party.

 

They could, if circumstances were right, proceed to court for repayment and this could result in a CCJ against you, but there are steps to take if that is the case and it is not a forgone conclusion.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Thanks for your comments.

*Origanal cc agreement Midland Bank - Now HSBC 19.3 1987

*No requests made to date for CCA Proof

*Notice of assignment - HSBC verbally told me 15.8.08 that letter of assignment/notification sent to me 8.8.07 - sent to old address - have not lived there since 1997.

*I think HSBC issued Default notice 09/1995 -CAB involved

*Last payment to Equidebt July 2008

*No claims made for any unlawful charges

*During repayment period 1997-2008 no interest added to debt

 

**WHAT ACTION NEXT DO I make contact with Phoenix-Sarl-Marlin (marlin financial services/mortimer clark solicitors -all part of P-S-M I am told )

 

**Do I cca them before they strike at me ?

**Do i wait and see if they contact me

HELP PLEASE

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Credit Card Debt - Original Default notice 1996/7 ?HSBC

Debt Then held by Equidebt/payment plan in place until July2008

HSBC then Reassigned debt to Phoenix DCA

Question - If i make no payment can Phoenix Default me a second time on same Debt resulting in another 6 year wait re credit file

Your advice would be apreciated THANKYOU

REASSIGNMENT DOES this mean debt has been sold ??

 

Yes because it is not linked to the original default.

 

If you take out a credit card making no payments after 6 months, a default can be put on your file. If you continue not to pay, no further default can be issued. But if you begin a new repayment plan and then stop, you can be defaulted for failing to comply to that agreement.

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Am I missing The POint Last few posts have given contradictory views

Does any one know for sure??

Can i be Defaulted on the same Debt Twice if i do not keep to repayment plan?

It can be argued that i do not have repayment plan at present because i am waiting for Phoenix/Marlin to contact me.

Last payment made to Equidebt July 2008 100% repayment per plan with Equidebt since 1997.

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if a debt is defaulted, and subsequently passed on/sold to a DCA, the DCA can update the current status of the default with the CRA, but a second default cannot be issued against the same debt, a complaint should be levied to the CRA and a request for the default to be removed, you may wish to bring the CRA's attention to the original default. as mentioned earlier, a debt cannot be defaulted twice.

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Thankyou The concern for me was could a DCA issue a default on a Debt that had originally been Defaulted and was cleared from The CRA after 6 years If i have understood correctly No they cannot If they have i should complain to CRA IS there a Draft letter Do i need to refer to any legislation ? First CRA is clean i am awaiting the other two.Will keep you posted. Still no direct contact from P S M The new owner of the Debt.

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