Jump to content

ATD

Registered Users

Change your profile picture
  • Posts

    121
  • Joined

  • Last visited

Everything posted by ATD

  1. Hi Ladies and Gents, I've found this site really useful and picked up some great tips in the past; I am at present dealing with Robinson Way / Barclaycard and could do with a bit of advice from those of you with a better knowledge level than myself. The account relates to an old (2000) MSWD Gold Card, to cut a long story short I was out of work for about 2 years with ill health and the PPI only went so far (and only for 1 year!). Now I'm not looking to avoid paying the debt, however with this and a couple of others I may well be better off doing an IVA rather than a debt management plan - this is something I will be discussing with CCCS in the very near future. Either way I'd want to be in the strongest negotiating position over this account. So, recently contacted by Robinson Way and I duly sent off my CCA request. What I recieved back was 1 A4 page that looked like 2 A4 pages had been copied on to it, I suspect from microfische (sp?). The vast majority of the pre printed text on the 1st page was not readable, the 2nd page was - but I suspected that these were 2 seperate and unrelated documents and that the unreadable one was in fact an application form. This is the document, sorry if the scan is not that good. Having looked around on CAG for advice on what to do if the supplied documents are unreadable I replied to Robinson Way stating that I did not believe they had satisfied the requirements of the CCA due to illegibility and quoted the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. I've now had a reply from Barclaycard, again scanned below, they have sent a copy of the "latest" exectued agreement. It's very clear and readable - it is of course unsigned but I understand that under a CCA request they are allowed to "reconstitute" an agreement. What concerns me is that there are subtle differences in the terms in this document to those attached to the original CCA, and the layout is totally different - so I'm sure I wasn't sent, nor did I sign anything like this at the time of application. Cover letter Page 1: Cover letter Page 2: Agreement Cover: Agreement Page 1: The letter also makes reference to CPR 31.16 pre-action disclosure, stating that it is not applicable here. Not that I had (yet) asked for this, but can anyone confirm if that is correct? So I believe that what Barclaycard actually have is an Application Form for an MSDW card and they have now sent a correct set of reconstituted documents to try to gloss over that. As I said I'd really appreciate the input of anyone with some expertise or experience with these people - at the moment I think I'm right, but not 100% and a bit stuck on how to move forward.
  2. Might be worth pointing out to your in laws supplier that the prepayment meters are no longer suitable due to the customers being elderly; they may not be able to get out to buy credit due to erratic health issues or limited mobility - perhaps they have difficulty using the meters due to poor eyesight, or the meter not being in an easily accessible location... Worth a try, and if they are not already, get your in laws registered on the suppliers priority service register.
  3. Well I had 5 faulty Sky HD Boxes in 6 months... so don't hold your breath for them being of any better quality than the standard Sky+ box. :-|
  4. Whilst it is true that some European countries don't check passports on arrival, the UK isn't one of them. The requirement for entry (as a Brit or European citizen) is to be able to prove both Identity and Nationality, so just carrying ID will fall short. That doesn't mean that you would be refused entry, but you would be subjected to delays while further checks were made to confirm nationality, and you also run the risk of the airline refusing to carry you for fear of a £2000 fine under the Carriers Liability Act. There are exceptions, such as the Republic of Ireland - not part of the UK, but still within Europe - The RoI however falls under the rules of the Common Travel Area (UK, RoI & Crown Dependencies).
  5. Quite right... but there is a whole world of difference between shouldn't be possible, and wouldn't be possible.
  6. Most likely scenario is that the last payment made on the card went to BG (i.e. processed after date of transfer, but before final billing) rather than to E-on. so it would be a case of misdirected payments. Might be worth the OP checking his final bill from E-on to see when the last payment they recieved was, then check that against the receipts for top ups... maybe 1x £20 or poss 2 x £10 have gone to BG instead of E-on.
  7. Mmmm.... I think that the 2.83 multiplication factor is to do with the factoring on the measurement of the cubic feet (perhaps down to 1/100th's ?) If you were to divide to convert, you would by doing: x cubic ft / (1 / 0.028318444) which is approx x cubic ft / 35.31
  8. Sorry but 1 cubic foot = 0.0283168466 cubic meters - you multiply it.
  9. I'm not really an expert on ETM meters, but just some stuff that I remember about them from BG. The meters week runs Wednesday to Wednesday - so for example if you topped up on a Tuesday and this was the first time you had topped up that week the meter would take the recovery amount. If you then topped up again on the Wednesday, you'd be into a new week, so the meter would take another recovery amount. There may be a bit of this involved in what you say has happened... not too sure though, so I'd wait for someone with more experience of these meters to advise you for sure. There is also a system known as TBDR (time Based Debt Recovery) where is the meter has been unable to recover the agreed amount for over a week (maybe 2 weeks) then it will start to deduct a pro rata amount daily from the credit available.
  10. The problem stems from the fact that NPower did not know that you had "moved in"/taken responsibility for the property and therefore kept the previous account (that of your ex-partner) active; this account has a debt on it so they objected to the transfer. Quite surprised that neither company wrote to inform you that the transfer would not go ahead though. What should have happened: You "move in" and contact Npower to advise of this They create a new account in your name (no debt) You choose to move to another supplier 28 Days later the supply moves. Without step 1) & 2) the whole process falls down. With regard to sending a copy of the tenancy agreement, I would suspect that Npwoer are a little wary as sometimes people do try to change the bills to another name (that of someone who was actually living in the property already) to avoid the debt. I'm not by any means inferring that this is what you are doing, just pointing out why they would ask for proof. It would also not be unusual for them to ask for a copy of your ex partners documentation showing the termination of his tenancy. Can you clarify if the debt was accrued whilst you were living in the property with your ex partnter (if indeed you were at all). If you were, then you enter into the murky area of "Joint and Serveral Liability" - which I'm not saying any more about unless needed as it always seems to be a bit of a contentious issue on these forums! The long and short of it is, send them proof of when your responsibility for the utilities began and they should be able to sort the account out with relative ease.
  11. Did you ever pay any bills to BG? Have they actually brought you back to Swalec as an ET or have they just switched your supply back? Is this reading supposed to be the reading from when your supply went back to Swalec, if you have been returned as an ET then it is done as a D+1 transfer - i.e. it is as if you never left, so the start read would be the same as the reading that they originally closed your account too. Sounds like these are the reads for the property they were supposed to take over in the first place. Thats totally rubbish and they know it... they can check the Meter Serial Number against your original account, they can check with the meter operator for job history.
  12. I guess it depends on what you have bought from them, but they are ABTA and ATOL bonded... Below was hidden amongst rafts of other T&C's on their website (it's about 3/4 of the way through): Terms and conditions lastminute.com entertainment package terms & conditions Your Contract When you create your own entertainment package (for example when you package together two or more of an entertainment ticket, flight, hotel or carhire) on the lastminute.com site (or any other site using the lastminute.com dynamic packaging technology) your contract will be with LM Travel Services Limited ("we", "us") which is part of the lastminute.com Limited group. LM Travel Services Limited hold an Air Travel Organisers License (ATOL 3970) for your financial security and are members of ABTA (E7760). When booking entertainment package arrangements our contract with you begins when you receive the confirmation e-mail stating that we have received your order. Once the contract is made we are responsible for providing the entertainment package you have booked and you are responsible to us to pay for them. In parties of two or more people the person who makes the booking accepts responsibility for making payments to us for all members of the party. Consumer Protection Entertainment packages which include a flight booking on this web site are ATOL Protected, since we hold an Air Travel Organiser's Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 3970. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk. How to make a booking To secure a booking you must fill in all the relevant fields on the online booking form and then wait for us to send you an e-mail confirming that booking. Payments Unless otherwise specified on the website we take full payment by credit / debit card for your entertainment package when you book. PLEASE NOTE: The Destination Group does not accept payment using third party credit/debit cards. Only travelling passengers can make payments using their own credit/debit card. Additional Charges We reserve the right to change our prices at any time before you book. If we do you will be told of the revised price applicable to your booking before you commit yourself. As soon as you have paid full payment and your entertainment package arrangements have been confirmed we guarantee that from 30 days before your departure date that the price of your entertainment package will not be subject to any surcharges excepting for :- variations in transportation costs, including the cost of fuel; variations in dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; and that within 30 days of your departure date we guarantee that the price of your entertainment package will not be subject to any surcharges. Should the above mentioned price variations be downward then the price of your entertainment package will be accordingly reduced and any refund due paid to you. If the above price variations mean that the cost of your entertainment package goes up, we will absorb, and you will not be charged for, any increase equal to up to 2% on your entertainment package price. You will only have to pay the amount over and above that 2% of the entertainment package price. If the above price variations increase the price of your entertainment package by more than 10% you will be entitled to; take our offered substitute package of equivalent or superior quality if we are able to provide one take our offered substitute package of lower quality if we are able to provide one and accept a refund from us of the difference in price between the price of the package purchased and the substitute one offered cancel your entertainment package with a full refund of all monies paid. We will also pay appropriate compensation for SIGNIFICANT CHANGES or cancellation of your entertainment package arrangements unless the change to or cancellation of your arrangements occurs by reason of unusual and unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not have been avoided even if all due care had been exercised such as war, a state of war, riot, fire, civil strife, industrial action, terrorist activity, natural or nuclear disaster, adverse weather conditions or other conditions amounting to force majeure. In these circumstances we will also not pay any resulting expenses or additional costs. Where compensation is due, we will pay you the following amounts, unless you can prove a greater loss (where a greater compensation payment may be due): Time before your entertainment package begins when we tell you about a significant change Compensation per person More than 56 days Nil 43 - 56 days £10 29 - 42 days £20 15 - 28 days £30 14 days or less £50 [*]Changes by us to, or cancellation by us of, your entertainment package arrangements It is very unlikely that we will have to make any changes to, or to cancel, your entertainment package. However, we do plan arrangements a long time in advance and we use the services of independent suppliers, such as hotels, airlines etc, over whom we have no direct control. If it is the case that changes need to be made, or we need to cancel your arrangements, we reserve the right to do so at any time. Most of these changes are minor, and we do not pay compensation for minor changes, but whenever possible we will advise you. Any flight timings and carriers in the brochure or on our websites are subject to change as a result of airline procedures and these details are given for guidance only. Final details will be shown on your tickets. If a SIGNIFICANT CHANGE to your entertainment package occurs or becomes necessary, we will inform you as soon as possible if there is time before departure. When a SIGNIFICANT CHANGE occurs (such as a change of venue, hotel or a change of flight time of more than 12 hours) or we have to cancel your arrangements, you will have the choice of:- accepting the change of arrangements taking our offered substitute package of equivalent or superior quality if we are able to provide one. taking our offered substitute package of lower quality if we are able to provide one and accept a refund from us of the difference in price between the price of the package purchased and the substitute one offered. cancelling your entertainment package with a full refund of all monies paid. We will also pay appropriate compensation for SIGNIFICANT CHANGES or cancellation of entertainment packages unless the change to or cancellation of your arrangements occurs by reason of unusual and unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not have been avoided even if all due care had been exercised such as war, a state of war, riot, fire, civil strife, industrial action, terrorist activity, natural or nuclear disaster, adverse weather conditions or other conditions amounting to force majeure. In these circumstances we will also not pay any resulting expenses or additional costs. Where compensation is due, we will pay you the following amounts, unless you can prove a greater loss (where a greater compensation payment may be due): Time before your entertainment package begins when we tell you about a significant change Compensation per person More than 56 days Nil 43 - 56 days £10 29 - 42 days £20 15 - 28 days £30 14 days or less £50 [*]Changes by you to your entertainment package arrangements If after our confirmation has been issued you wish to change any part of your entertainment package arrangements, we will make every effort to help you do this, subject to availability and the type of ultimate product suppliers (promoters, theatres, car-hire companies, hotels etc), you have chosen and their cancellation/change charges details of which will be provided to you on request at any time including prior to booking. If you want to change any details regarding your flight reservation, airline rules mean that we may have to cancel your original flight and purchase a new one and you will be required to pay the full flight cost again. We will charge you an administration charge of £45.00 per change per booking, and you will be liable to pay the hotel, car-hire, airline or other ultimate product charges resulting from your changes. NB: Once Airline Tickets are issued, usually 28 days prior to departure, changes are not permitted. Changes after airline tickets are issued will result in a 100% cancellation charge. [*]Cancellation by you If you wish to cancel your entertainment package for any other reason than for their being additional charges (see clause 4) or alterations (clause 5) we must be notified in writing. Cancellation will be deemed to occur on the day we receive this cancellation request so you may want to use recorded delivery. As this incurs administrative costs we will charge you an administration charge of £45.00 per person per booking, and you will be liable to pay the venue, theatre, hotel, car-hire, airline or other charges levied on us as a result of your cancellation, in regard to which we will take all reasonable steps to ensure are kept to a minimum. After ticket issue cancellation will result in a loss of 100% of total cost of all arrangements in most cases. You will have the opportunity to see specific cancellation charges at the time of booking and copies of all suppliers terms and conditions relating to your booking are available on request at any time. For example if you have included car hire as a component in your package entertainment package there are both additional terms and cancellation charges, they are detailed in clause 16 below. In addition if you have booked a tour and/or an excursion the cancellation charges (imposed upon us by our suppliers) are likely to be 100%. If you have taken out travel insurance and the reason you are cancelling is covered by that insurance, you should be able to obtain payment of these cancellation charges (after deducting any part of the claim which the insurance company insists you pay) from your insurance company. You must pay the cancellation charges first. Please make sure you get written confirmation of your cancellation from us - this proves we have received your cancellation and you will need it to make a claim on your insurance. [*]The Company's Liability to you We accept liability for matters which arise as a result of our negligence and/or breach of our contractual duty to exercise care in making arrangements for you, including any acts or omissions by our employees or agents. We also accept liability for any negligent act or omission of our suppliers who may operate elements of your entertainment package arrangements, including any claim involving death, personal injury or illness. However, in respect of carriage by air, sea and rail the company limits its liability to the extent of the relevant international convention. You are subjected to the terms and conditions of the carriers concerned some of which exclude or limit liability in respect of death, injury, delay and loss or damage to baggage. It is also important to note that if delays, diversions or rescheduling or cancellation of your arrangements occurs by reason of unusual and unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not have been avoided even if all due care had been exercised such as war, a state of war, riot, fire, civil strife, industrial action, terrorist activity, natural or nuclear disaster, adverse weather conditions or other conditions amounting to force majeure we will not be liable. In these circumstances we will also not pay any resulting expenses or additional costs. [*]Claims and Complaints If you have a complaint regarding the entertainment package you must tell the relevant supplier (e.g. hotel) or our agent immediately. Most problems can be solved on the spot but if after you return home you are still not satisfied you must write to our customer relations department on your return. It is unlikely that you will have a complaint that cannot be settled amicably between us, however, if this is not the case any dispute arising out of, or in connection with this contract, may (if you wish) be referred to Arbitration under a special scheme, which, though devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability of the client in respect of costs. The scheme does not apply to claims for an amount greater than £5,000.00 per person or £15,000.00 per booking form or to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness, although it does include claims with an element of injury or illness up to £1,000 on that element. Written notice requesting Arbitration must be made within 9 months after the scheduled date of return from the entertainment package. [*]Brochures and Web Sites Every effort has been made to ensure the accuracy of descriptions and information. However, we are not always able to control all the components of the entertainment package arrangements and it is possible that an advertised facility may be withdrawn or changed, due to weather conditions, lack of demand or for maintenance, renovations etc. We will advise you if we become aware of a major change. We will make all reasonable efforts to inform you of any changes at any stage in your booking prior to travel. We will advise you if we become aware of a major change (eg a change of venue, hotel, or a change of flight time of more than 12 hours, and if any changes occur after you have confirmed booking you should refer to clause 5 of these Terms and Conditions for the options available to you in these circumstances. [*]Passport/Visas/Health requirements Where your entertainment package includes overseas travel, we can only advise of the requirements for British and Irish passport holders. All requirements should be checked with the relevant Embassy of the destination country. A valid 10-year passport is necessary for all our entertainment packages. Some overseas countries have an immigration requirement that your passport is valid for a minimum period after you enter that country, typically 6 months. If your passport is in its final year of validity, we advise you confirm the requirements of the destination before making final travel plans. You should apply for a passport or to renew an expired passport at least four weeks before traveling. The UK Passport Agency can provide further information at: IPS Passports for children and young people: Children not already included on a valid British passport will need to hold their own passport if they are to travel abroad. Children who were included on a passport before 5 October 1998 may continue to travel with the passport holder until: * The child reaches the age of 16; or* The passport on which the child is included expires; or * The passport on which the child is included is replaced or an amendment results in the issue of a new passport Names: The name on the passport must match the name on the ticket, otherwise you may not be able to travel and insurance may be invalid. If, after booking a entertainment package but before traveling, any member of your party changes their name, e.g. as a result of getting married, we must be notified immediately so that we can make the necessary changes to your entertainment package documentation. Visas: You should contact your Embassy for information and advice on the visa requirements of the countries you propose to visit. Please note: Passport and visa regulations can change and you should therefore check with the relevant embassy well in advance of travel, even if you have traveled to this destination before. It is your responsibility to be in possession of a valid passport and, if appropriate, a visa. It can often take some time to obtain a visa, so you are advised to apply in plenty of timeWe accept no responsibility for customers who do not possess the correct documents. Health facilities, hygiene and disease risks vary worldwide. You should take health advice about your specific needs as early as possible. Sources of information include the Department of Health's free leaflet "Health Advice For Travellers", your GP or a specialist clinic. Please note that you are strongly advised against scuba diving for 24hrs before travelling by air.For the most up-to-date essential information on your choice of destination and to ensure you make the most of your trip abroad, we recommend you visit the Foreign Commonwealth Office (FCO) website at www.fco.gov/uk/knowbeforeyougo [*]Insurance You must in all cases take out adequate travel insurance through the company, the travel agent or other approved insurance supplier.
  13. The none transfer of a final bill from one account to the next does happen for any number of reasons - ranging from the reasonable (the new property had prepayment meters and transferring a debt was not allowed under the Utilities Act) to the typical (the advisor you spoke too forget or couldn't be bothered!). With regard to the final bills "timing out", I believe it would have to be 6 years with no contact for them to be Statute Barred... sure someone will correct that if I'm wrong though. Not sure how you can proceed if the "debt" has actually been sold on to BCW - BG only used to use BCW and the like for collection and were able to recall an account to make amendments when an error like this came to light - not sure if that is the case now. I would imagine, and I know it will sound harsh, that the line you will be given is that you were aware of the final bill(s) being owed and should have checked that they were indeed invoiced to the new property...therefore the debt stands payable. If NO final bill was recieved, either at the old or new property, that may cast a different light on it...
  14. Taken from the Consumer Focus Site Seems like Scottish Power have one of the worst policy's on this. I would point out to them that the debt is due to their failings and should be wiped out. As a very worst case scenario only agree to affordable payments against the balance - £1/month if need be.
  15. Might be totally unrelated to the high first bill (given what you said in the next paragraph about he bill over 7 months, but... was the first npower bill done to a correct start read. Sometimes the reading on change of supplier can be wrong (ie too low) and that would go someway towards a high first bill. I'm assuming that your meter isn't located in the flat, but that you do have access to the meter..? Was the £240 bill only up to the point that the meter was exchanged, or did it go beyond this. If it did you would have seen something along the lines of: Previous Read: aaaaa Removal Read: bbbbb Install read: ccccc Current Read: ddddd detailed on the bill. A couple of questions about that (if it was the case) Was the previous reading (the aaaaa) and the current read (the ddddd) an actual or an estimate? Was the new meter installed at a reading of 00000 - i.e. was it actually a brand new meter? Do the Removal and Install reads agree with what is/should be written on the label of the new meter? Has the actual reading on the meter changed from the time it was installed, if so by how much and is this the reading that your latest bill has been calculated too? If it turns out that the new meter is not actually registering the usage then they will need to do another exchange. I would guess that what they would want to do is to look at your past usage to work out an average charge for the period that the faulty meter has been in place. As you believe that the previous meter was also faulty, but overcharging, I would advise that you only agree to them estimating charges based on what you use from the point of getting [the next] new meter - say maybe over 3 or 4 months. This way you should get a good idea as to if the original meter was indeed overcharging. Wow... I hope that made sense. Now didn't someone mention a cookie?
  16. So assuming that there is no fault or issue with the meter, then the total that you have been billed for the period is correct, it's billed to actual meter reads. If the bills that were for under £300/quarter were to actual reads then yes, I'd wonder what happened. Given that they were not, they were estimates - then I'd be saying "I wish I'd supplied a meter read when I got these bills, so I didn't have so much left to pay now" If the previous bills were to estimates, then they are notional rather than factual. The bottom line is that you have previously underpaid on the estimates and now that has caught up you have a larger final bill, the regulator would not be interested. Sorry if thats not what you want to hear, but there you go...
  17. Ok, so basically all the bill amounts have been guesses, the only true figure is the total of all these previous bills plus the last one to a confirmed reading. that would give the value used over the whole of the period. I'm surprised that the initial estimate on the final bill was as accurate as is was, only £40 out isn't bad considering there have been no other readings. The honest answer to your question is that the final bill would have been lower if when you had received the previous estimated bills you provided an actual reading for the supplier to bill too. This would have meant that these previous bills would have been higher though... so really it's swings and roundabouts.
  18. How many of those bills that you quote were done to estimated readings and how many to actual meter readings (either reads that you supplied, or ones taken by a meter reader)?
  19. It most certainly does, sorry for the jargon (old habits)... decommission / recommission. ETA: Forgot to mention they will probably need to send a new card for the meter, ut that should only take a day or two
  20. Firstly escalate your complaint to a manager within the prepayment section, as there will be changes to the tariff that they need to make. Remind them that with young children, who are now suffering ill health as a result of this situation, you qualify as a vulnerable customer; and that they have a duty of care towards you and your family. You can also remind them that once the tariff changes have been made, a decom/recom appointment can be booked on a 6 hour timescale, not six weeks. In fact, even without the tariff change, they should still be able to send a manual fax request to your meter operator with details of the tarif that the meter should be set to. Basically, don't take no for an answer.
  21. Oh I'm sorry if you found it sarcastic,you did after all say Nonetheless, perhaps some constructive advice would make amends... Don't have liquids near electrical devices! EDIT
  22. I've had a slight issue with Argos. Their website is adjusting prices to account for the new VAT rate. However I reserved an item late on Tuesday night for collection at store on the Wednesday. The Quickpay thing in store actually charged the old VAT rate. I would suggest anyone reserving items online, actually takes the confirmation email, showing the correct prices, to the store in case of any problems - I only took the reservation number, so had to go back today with "proof" of the correct price. To be fair, when I proved it to the staff, they refunded the difference straight away - but interestingly the store till was still coming up with the price including VAT at the old rate.
  23. If you have contracted for a specific length of time, then yes, you will need to honour that part of the contract. Details/FAQ on the BGB site: Clicky and scroll down a ways
  24. I've only come across this scenario once before, and it was a while ago, so hopefully someone with more up to date knowledge will be along shortly. If I remember correctly, when a supplier goes into receivership, an alternate supplier is appointed (by the regulator I think) - so this is what has already happened, your supply has been transferred to BGB. You have been transferred on all same T&C's that you had with BizzEnergy, so unless there was something in your contract with them that would prevent you from changing supplier, you are free to look for a supplier of your choosing if you wish to.
  25. Do you know exactly what the problem was? Just being nosy really, it would be nice to know which of the many possible problems had actually been causing the errors. I doubt they would have actually had a meter read, they may have done, but as long you you/you tenant are happy with the bill, I wouldn't worry about it. Where's the blush smiley when you need it!
×
×
  • Create New...