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AndyOrch

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AndyOrch last won the day on April 15

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  1. Then thats all that matters they have your correct address. General Data Protection Regulation Right of Access Request is a DSAR request . .
  2. Then yes . "The assignee is unable to comply with section 78 of the credit Consumer Act 1974 and is therefore prevented from to enforcing the agreement until such time it can comply."
  3. Have you previously requested the agreement by a CCA request ?
  4. 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
  5. 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
  6. 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.
  7. 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.
  8. 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.
  9. 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 .
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