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Showing content with the highest reputation on 18/06/11 in all areas

  1. 1 point
    Right this is how I see it. You don't dispute you owe SP money, it is the amount you dispute. I don't doubt what you are saying about the removal fee being collected by sealth means. One reason the charge seems high could be; you say these prepayment metres have been in for 24 months and I presume no one from SP has ever been out to re-calibrate them? As you know energy prices as rocketed in the last 24 months, so the amount you have paid in might not have covered the usage. I am not 100% sure about this but it could be a factor. Now as for ResolveBalls letter, I would get a copy of that off to your local Trading Stardards Office and the OFT. They are bang out of order with the tones of their threats Yes, The Right of Entry(Gas & Electricity)Act 1954,Section 2 exists but can only be sought by SP not these idiots and the account may have been passed to them for collection, fair enough, but by them using the term WE all the time, implying the have some kind of legal authority to disconnect your supply is mis-leading business practice, they have no such authority. They cannot charge for the visits and you are under no obligation to discuss anything with them. they are slimball debt collectors, nothing more. Contact the SP rep on here as suggested and keep your negotiations about this dispute solely with SP. Just ignore these Snotcall field mice. If they turn up again just tell them leave now please, the matter is being dealt with SP and shut the door. I they persist in ringing the bell or knocking ring the Police, tell them there is an uninvited visitor who refuses to leave and there may be a breach of the peace. There is nothing to fear from these plonkers, there only power is your fear. Don't let them intimidate you
  2. 0 points
    Moorcrofts notorious Pre-Litigation Division., don't make me laugh, they couldn't litigatate anymore than I can do open heart surgury. As donkey said they are still in default of a legitimate CCA request. You could also enclose a copy of their letter saying they were no longer dealing with the account due to them not being able to fulfill your request and ask they are still dealing with it, that should confuse them sufficiently enough to send it back to the OC again
  3. 0 points
    Simply write and remind Moorcroft that they remain in default of a legitimate CCA request, and that the account remains in dispute.
  4. 0 points
    Just a nasty, threatogram but I can imagine that this has upset you but i do not think they are going anywhere with this. Who is Bryan Carter acting for and what is this debt about? Have you ever requested an agreement under CCA for this? It is very unlikely that they have the paperwork to take this to court. Did you ever look at National Debtline? they have some excellent advice on getting these old debts written off completely http://www.nationaldebtline.co.uk/
  5. 0 points
    do a chargeback if its a visa card dx
  6. 0 points
    N9A is part of the summons pack on initial reciept and how you plead. Part Admission On receipt of the claim form the defendant may admit the claim in full and send form N9A [Admission (specified amount)] together with an offer of payment. No offer of payment made If the defendant admits the claim but makes no offer of payment, the Claimant should apply for judgment, on form N205A or N225, with an order for payment of the unpaid balance of forthwith. Offer of payment made If the defendant needs time to pay they should complete the form N9A showing details of their means and either make an offer to pay either by instalments or specify the date when they can pay in full. The Claimant will consider whether the offer is reasonable, based on the information on form N9A and any information they have already about the defendant's general lifestyle, including information already held. Take into account the length of time it will take to clear the debt, and whether future liabilities will be paid on time. In many cases the defendant will supply figures that are a combination of weekly, monthly or even quarterly payments. It is vital that you convert these amounts to the frequency the defendant is paid. If the defendant is paid monthly all expenses should be converted to monthly to provide an accurate figure of an average month’s income and expenditure. To convert weekly figures to monthly multiply by 4.33, not 4. Accepting the offer If the Claimant accepts the offer, complete the bottom part of form N205A [Notice of issue (specified amount)] or form N225 [Request for Judgment and reply to Admission (specified amount)] in the terms of the offer and send or take the form to the court. Offer of payment unacceptable The Claimant may have grounds for refusing the offer if the defendant's stated income is below what is shown in their accounts or tax returns and there is no reasonable explanation for the discrepancy, or you have other good evidence about their ability to pay. The Claimant should always contact the defendant, preferably by telephone, and question and clarify the figures provided before replying to the court. Their objective is to try and get the defendant to make an increased offer of payment. If the defendant agrees to make an increased offer then you should obtain their written consent. Rejecting the offer of payment If the Claimant decides to reject the offer they should complete the bottom part of form N205A [Notice of issue (specified amount)] or form N225 [Request for Judgment and reply to Admission (specified amount)]. Enter the rate you want the debtor to pay, with your reasons for objecting to their proposals. Then, send or take form N205A or N225, and a copy of the N9A to the court.They will state the rate of payment they consider to be reasonable and include their reason for refusing the offer. But unless they are confident they can convince the court that the defendant’s proposals are unreasonable, they should normally accept them. If they decide to reject the defendant's proposals, the court will determine the rate of payment. Court action Offer accepted If they have accepted the defendant’s proposals for payment, a court officer will enter judgment within 10 days of your request, without the need for the Claimant to attend court, and notifythe Claimant and the defendant on form N30(1). Offer rejected If the claimant has rejected the proposals for payment, a court officer or a district judge will enter judgment and determine the rate and time of payment from the evidence provided. The court will notify all parties on form N30(2). Exceptionally, if there is insufficient information available to determine a rate of payment, the court will set the case down for hearing. Challenging the rate of payment Once the court has determined the rate of payment the claimant (or the defendant) may challenge the determination, but they should do so only if you believe the court has overlooked important evidence, or fresh evidence has come to light. If the claimant have grounds to challenge the order, they should apply within 16 days, on form N244, for a re-determination of the rate of payment by a judge, without a hearing. The claimant must state the reasons for their application and the rate of payment they want. Attach sufficient copies for the court and for each defendant. If the original determination was by a court officer, the district judge may determine the case without a hearing. Otherwise the court will list the case for hearing, when the claimant should attend and present their case. Part Admission If the defendant admits only part of your claim, the claimant should treat it as a defence even if the defendant does not actually deliver a formal defence for the balance. In all cases, you should return form N225A to the court within 14 days rejecting the part admission. As appropriate the Claimant will await a hearing date or apply to have the defence struck out.
  7. 0 points
    Hi mobe Welcome to CAG The guys will be happy to advise as soon as they are available. Have a read of number 10 in my signature.
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