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    • 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).        
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RBS credit card claim won now new claim after sale by OC


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Received this today, notice of intention and the default notice. Intention says I have 28 days, default notice says I have 14 days.

 

Sorry I am just confused.

 

http://i375.photobucket.com/albums/oo198/hammond39/NoticeofDefaultNotice-RBS.jpg

 

http://i375.photobucket.com/albums/oo198/hammond39/DefaultNoticePage1.jpg

 

http://i375.photobucket.com/albums/oo198/hammond39/DefaultNotice-Page2.jpg

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The bank have now told me that my account will be frozen so I am just checking the date when they will be able to freeze it, sorting out another bank account in the meantime.

 

This relates to a loan taken out last year with RBS so they say they are entitled to freeze all accounts held by me.

 

HH

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  • 1 month later...

Hi hammyhound

Ok 28days gives intention to default /terminate unless you come to a payment/agreement plan.

The default notice gives you 14 days to rectify the breach but what date is on the default notice?Ipresume 19th Jan and if so the perscribed period is correct and form and layout valid.

I trust you didnt recieve them together ? was there a gap inbetween intention and default notice?

 

Regards

 

Andy;)

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Thank for replying Andy

 

It says on the notice of intention .... in response to the attached default notice.

 

Both came in the same envelope, both dated the same day!

 

HH

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Ok well in theory the way it is supposed to work is they send the first seperate, and allow 28 days for you to make an agreement with them.they are allowed to rrelease the DN at any time after that because in effect you have breached the agreement hence the arrears hence the need for said agreement.Have you wrote to RBS to explain your reason for the arrears and offering a payment proposal?

 

Regards

 

Andy

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Went down that route a couple of months ago. Would not enter into a payment proposal until arrears cleared. They were not very helpful.

 

What is the point of sending a notice of default and a default notice attached. Why not just send the default notice.

 

HH

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Its procedure a creditor can vary it correspondence and default amount normally 3 months will trigger the DN.I would advocate that this matter is winging to litigation and expect a sols letter anytime.What is the debt CC/pers loan or ?

 

Andy

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Yep personal loan taken out early last year. I didnt understand at the time though that interest was not included within the loan and that it would be added on so theoretically I was only paying a small amount of payment back on the loan. The interest was applied 3/4 times a year. It was called a capital and interest loan or something to that effect.

 

Got a letter from DCA yesterday so will hold my hands up and hopefully make a payment proposal. That's all I can do. If it goes to court hopefully the judge will look on me favourably.

 

HH

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Hi HH

 

I trust you have requested a copy of your CCA to make sure everything is in order incase it does goes down the litigation route and also before you make any payments or acknowledge the debt to a third party.Who is the DCA?;)

 

Regards

 

andy

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Andy the personal loan was only taken out last year. RBS admitted that they forgot to take the Direct Debit out for 3 months, okay I hold my hands up and didn't check my bank account but after 5 months I rang them and said the direct debits have not been collected. Their reply was "well pay the arrears and we shall start the direct debit". I told them I did not have that amount of money and could we just starting making the monthly payments, they said no.

 

I know they will have an agreement as it was taken out last year. I could kick myself as this loan was taken out to pay off my overdraft and a previous loan from 2005 which I now know would not have been enforceable.

 

The DCA is Wescot:(

 

Thanks for replying

 

HH

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  • 4 months later...

They have returned my £1 postal order saying I have to contact OC.

 

I am sure it is up to them to obtain the CCA and not for me to have to reapply. Is there a template letter to use to say "you're in charge now you get the damn CCA - lazy buggers!"

 

HH

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It is up to them to supply you with the CCA.... and their letter suggests that they can't. Don't chase them up... just remind them of their legal obligations if they contact you again and they should b*gger off eventually. Keep hold of all correspondence though, including details of when your request was made.

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dear twats

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

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  • 1 month later...

Oh well this has now gone legal despite every attempt to make a payment proposal they weren't interested and said a couple of weeks ago "we will take legal proceedings against you".

 

Claim form received today - great :eek:

 

I cant find my agreement anywhere is it really worth defending this or should I just give up and say I admit the claim and send in an expenditure form and hope for the best.

 

Is it really worth treading down the defence route.

 

In answer to Andy's question the default notice has no date attached the 19th January 2009 date is on the formal demand which gives me 28 days but which then says "on the default notice attached".

 

HH

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Can you provide details of the Claimants P.O.C Hammy verbatum or post up and a rough ball park figure of how much is in volved.

 

Regards

 

Andy

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Here is the POC - no I wasn't kidding this is it.

 

http://i375.photobucket.com/albums/oo198/hammond39/RBS-POC.jpg

 

Thanks for that, I will use the defence that has been used in those posts and send off the CPR letter.

 

Obviously, if the agreement comes back enforceable what would be my next course of action.

 

Thanks

 

HH

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