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  1. Yep and they told me they couldn't take a payment plan it's nearly the end of their financial year and to speak with Engage. They were a waste of time! s soon as it's cleared I'll be moving somewhere else!
  2. Castle Water are the supplier. No idea how the residential side is treated, no mention of it anywhere. I've told to do one and if they wont provide a payment plan then I'm not paying but just unsure of the law ref a disconnection as that is what the notice said.
  3. Nope just on the one bill. The only separate bill for residential side is the council tax. Currently there isn't even one meter, so not sure that would work or is even feasible to do. The building is over 400 years old and there's literally one point at which the mains comes in downstairs.
  4. I own a pub last year got hammered with rate rises which has had a pretty rough impact on the business.... even though they aren't yet at the peak of the new ones the amount on rent and rates leaves cashflow very tight. I've had Engage services contact me for a debt of just over a grand they've refused any payment plan saying they intend to disconnect. The account is a business account, however the pub is downstairs and we live above it with 2 young children there too. I know residential addresses cannot be cutoff but business can be but we only have one source of water into the building which serves both upstairs and downstairs so not sure where I stand on the disconnect issue. Any help appreciated here. thanks.
  5. Main defence and counter claim would be based that on totting up PPI and charges included compound interest to date they work out at 11.3k. I assume that's my best defence?
  6. Thanks. Yes that's what I thought - makes a difference to the fact that it puts it over 10k and onto a fastrack rather than under in small claims track especially when it comes to costs. Should I be pointing that out on my defence?
  7. Received a court claim yesterday from this outfit. Has been in dispute since 2009 having requested CCA and received a copy of the application form. There are plenty of charges - there is PPI (however very old and I cannot obtain statements between 1999 and 2004 when it was on the account but can certainly apply an average. I don't have the majority of docs referred to in their POC. After some advice on best way to proceed - intend to defend - should I counter claim? Not sure where they get the interest figure from either! Didn't think they could include that? I thought once terminated no interest was payable on that front? Should I request the POC docs via CPR request and see what comes back - if anything although aware that's a civil request and they don't have to send them! Any help and advice greatly appreciated!
  8. " I would like to represent myself so any help and guidance would be very gratefully received" DONT go there! The linked thread above is mine. I was lucky that I got away with only £1200 in costs and it came of my final settlement of £7k in the end. My claim was speculative in the knowledge that I could probably off set costs in the event of a loss against what the initial offer was. I wouldn't go down that route again. There is a lot of misleading information on this forum about what you can claim in terms of compound interest too.
  9. Conclusion time then as the hearing was yesterday morning. As I thought, I was on shaky legal grounds and the judge agreed with that. I felt the judge sympathised with my case but said I was in the incorrect forum and should be pursuing via the FOS. He asked the solicitor to take instructions from Barclays that I be allowed to pursue through the FOS a nd that they would not restrict this action based on the fact I technically had 6 months from the offer date to approach the FOS. That was agreed and has gone into the court order. The strike out was obviously granted making me liable for costs. Total costs were around the £7.5k figure. The judge agreed with my points though that they had failed to engage and in fact called it a fudge on their part. I stated I felt I should not be liable for costs up until the 29th july which was the point in which I received the calculations, I didn't fancy pushing for the whole lot and to be honest was happy enough to agree to costs for the hearing yesterday if I meant not having to cover the whole 7.5k! I therefore I am liable for around £1200ish - fair enough and I'll put that down to experience but in effect it's coming out of whatever the FOS agree the figures should be which both parties have to adhere to so over to their hands it now goes. Probably an update in about a years time then knowing their timescales lol! Massive thank you to all of you that have helped, in particular steampowered. I really appreciate all your assistance with this case and the time you spent helping me out here. It didn't end in the way in which I originally wanted it to but no regrets and at least I still have the door wide open with the claim as a whole and can still approach the FOS to take things down that route. Have the same case going on with Lloyds at the moment which has been with the FOS since OCtober, they've upheld, Lloyds have ignored them completely so far and haven't even replied, despite being told they had to reply by May 2nd. Seems the FOS have very little power but hey ho, not much option other than to just stick it out and play the waiting game.
  10. Thanks Steampowerd, no problem at all - adjournment and dates couldn't be at a worse time for me with work being it's busiest at this time of year. I just replied back asking how the interest rates were calculated and enclosed my own calcs with copy evidence of the APR I was on. I also sent my averages and methods of workings and asked for a settlement in the middle in an attempt to settle - no way it's going to happen before Tuesday which is the court date but they may come up with something pre trial, I will push on the costs issue in court though if it doesn't go my way, nothing to lose at that stage in doing that!
  11. Not pushing for a reply here if time doesn't allow but I need to complete my reply tonight as I have to respond by the 2nd meaning I need to be posting tomorrow and due to work commitments I wont have time to write a reply later than tonight. No problem if you're unable to work through the numbers - I'll just trust my own calcs here and push for something in the middle bearing in mind the averages etc.
  12. Oops - yep forgot about that - I've attached 2 versions - the lower of the two is me using their figures on the FOS running account spreadsheet. THe other is if I applied the averages over the period 2001-2009 where I've taken the averages over 102 months and applied to the period 1994-2001.
  13. Thanks Steampowered. I've attached their calculations here as well as mine based on theirs. I am presuming it's a case of the interest rate on their side being incorrect which makes them work out differently. I've also compiled another spreadsheet using the same reconstruction methods but providing average figures for the period 1994-2001 again based on FOS recommendations. This works out at £23.5K - not far short of my original claim. No idea what to do to be honest at this point!
  14. Update time - I was wrong with the dates - I received the Court order a couple of weeks ago which stated BC had until 26th July to provide their calculations. I've received them this morning. No idea how wrong they are but they are wrong and they've failed to enter or list any percentage rate for the PPI Interest calculations, despite listing the 8% under simple interest. They've reconstructed the account working back from 2001 - to 1994 reducing the amounts to zero. I totally disagree with that method (for the fact i know I was on the limit of the card since inception!) and also the FOS clearly state that they should be taking averages over the periods they have data from. The gulf in amounts are obviously huge. I've re done my entire calculations today using this method and taking the averages - slightly reduces my claim from £26k down to £23k but still a long way off their calculations of £6.5K (although I suspect they've got the interest rate wrong - probably another reason why it's been left off!). I'm writing with an offer and providing all my recalculations done under this method - How do I put together a part 36 offer? Should I still do that? I've read the document - I don't fully understand it all (I'm still somewhat green with the legal elements!) - Should I be sending copies of everything in my reply to their solicitors to the court also? and if so, do i need some form of official document to attach to them? Thanks again for the help - obviously working on really tight timescales now as I need to respond by 2nd August then court date on 6th - hoping to avoid that if possible as I would like to settle this out of court however, I will certainly be making a strong case on the costs side if it doesn't go my way as they've failed to engage and it's taken a court order just to get calculations (which still aren't detailed enough!) I'll plead my case that I shouldn't be liable for their costs to this point with that in mind.
  15. Thanks, Yes the strike out application was adjourned to 6th in order for BC to provide detailed calculations by the 2nd. Their solicitor pretty much offered that route whilst there was a break while he went off to read through everything although I just didn't know whether to trust them to actually do it!
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