Jump to content

Gibble

Registered Users

Change your profile picture
  • Posts

    49
  • Joined

  • Last visited

Everything posted by Gibble

  1. I rang the court and they confirmed that the case has been discontinued. I'd like to say a big THANK YOU to everyone who contributed to this thread and helped me out.
  2. Well I sent off the CPR letter to phoenix solicitors and the aknowledgement of service letter to the court. I have now received a "Notice of Discontinuance" from the solicitors although the part where it should have the name of a judge is blank. I've heard nothing from the court.
  3. It's for less than £5k. I haven't requested statements in writing, only during phone conversations in the past. I'll remove that paragraph and send it. Thanks for your continuing help
  4. Ok, I've posted the acknowlegement of service form back to the court and ticked the box saying I intend to defend all of this claim, I just need clarification on whether the CPR letter I posted up there ^^ in post number 21 is what I should send. I'm a bit confused as to whether I should send them a SAR as well as the CPR, previous posts on this say just send the CPR.
  5. Thanks. What is a CCA? All these abbreviations are difficult to follow. Where's the red triangle for assistance? Do you mean the black one with an exclamation mark inside it for reporting posts?
  6. I thought you could only claim on missold PPI going back 6 years? This is from 1996! I have no idea how they arrived at the figure on the claim form as I have no statements. When the bank originally combined the loan and overdraft they started adding interest and charges all over the place that I didn't understand. I asked the bank for a breakdown of all charges and interest but they ignored me. I walked away from the account and refused to deal with them until they could answer my questions concerning the charges/interest/PPI. The debt was then passed to phoenix/mcs ltd. I knew nothing of my rights at the time as was in poor health and mcs harrassed me daily until I gave in and made an arrangement to pay a £1 a month token gesture. during these phone calls I have repeatedly requested proof of who actually owns the debt and a full breakdown of the charges and interest but have been ignored every time. The account has been moved from one dca to another (mcs to moorcroft to rockwell) with no statements being sent to me, just letters from the new dca demmanding payment with an account number and a figure. It's only since finding this site that I have gained any knowledge of my rights and realised that I should have put everything in writing.
  7. It's a mixture of a bank loan that should have been covered by PPI and an overdraft that they combined. all dating back to 1996. I have looked back through old bank statements and I have made payments to MCS Ltd, Rockwell and Moorcroft. At one point there were payments going to both Moorcroft and Rockwell at the same time! I last made a payment in March 2009.
  8. Should I actually sign the letter or just print my name? I've read many posts on here saying it isn't wise to sign as DCA's have been known to lift the signature and create fake agreements with it.
  9. I've changed a few bits of the CPR 31.14 template letter, does this look ok to send or should I alter anything else? Dear Sir/Madam, Re: Claim number xxxxxxxxx CPR 31.14 Request On 05/03/2011 I received the Claim Form in this case issued by you out of the Southend county court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Prior to the issue of proceedings I had delivered a request for the production of statements and the agreement relating to the account number mentioned in the Claim Form and on which you rely. You failed to comply with that request. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents: 1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 the deed of assignment 3 the notice of assignment 4 the default notice 5 the formal demand letter Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise. You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time, you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. Yours faithfully
  10. Thanks Debbbbbsy This is quite difficult for me to get my head round but I'm getting there. Thankyou for your help.
  11. After reading this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage all the way through it would appear that I can't use this CPR 31.14 letter as they don't mention anything other than an account number in the poc. The poc simply says: "Particulars of claim: The Claimants claim against the defendant Mr "Gibble" the sum of £xxxx.xx due under the following account xxxxxx/xxxxxxxx £xxxx.xx" That's it! no mention of any credit agreements or anything, just an account number.
  12. Thank you cymruambyth I'm just reading that sticky thread now. Ford, it appears to have come from Southend county court although the return address on the envelope is po box 300 northampton and the frank on the envelope is from Newcastle.[/url]
  13. I'm sorry but I'm just getting lost here. Can someone please start from the beginning and explain simply what I am supposed to do? I can't go online to do anything as there is no password on the front of the claim form even though it says in the notes on the reverse of the claim form that there should be one. It also says there should be notes telling me where to send any forms but once again there are no details anywhere. I don't have a scanner so can't scan the form to post on here but it certainly looks like a proper claim form from southend county court.
  14. Thank you but how can I go online to do this with no password for the moneyclaimsonline website? Are there any template letters I can use for the solicitors? I have no idea what a CPR 31.14 is. To be honest I have no idea about any of this. It's all really confusing.
  15. I have no idea where to start with this. I've registered on the moneyclaimsonline website but there's no password on the forms I was sent so I can log in to respond. Also, on the sheet headed "Responce Pack" it says there should be notes attached to the claim form telling where and when to send any forms but I don't see any of this information anywhere.
  16. Particulars of claim: The Claimants claim against the defendant Mr "Gibble" the sum of £xxxx.xx due under the following account xxxxxx/xxxxxxxx £xxxx.xx I didn't sign anything, they just added my overdraft to the outstanding loan amount.
  17. Midland bank are now HSBC. It's definitely a real county court letter. The return address on the envelope is po box 300, northampton, nn1 2tx. I should also correct the title as it's a county court claim form not a summons.
  18. As this started so long ago I can't remember some of the dates for stuff. In approx 1995 I had a loan from Midland Bank with PPI. I was made redundant but they refused to pay out on the PPI for months which caused the debt to go up due to extra added interest. They eventually paid out for 12 months worth of repayments but wouldn't pay any more as they said that the PPI only covered 12 months. I wasn't informed of this at the time of getting the loan. I had a heated meeting with the bank manager to try to deal with it as they had added my overdraft to the loan amount and were adding charges and interest all over the place that I couldn't make head nor tail of. After repeated requests for a total breakdown of all the charges and interest that they simply refused to do I walked away from it all and ignored any further contact with Midland. The debt was passed to Phoenix at some point a few years later. As I was struggling to find any work I was on benefits and agreed to pay them a token gesture of £1 a month until I found work. Due to ill health I remained out of work for a long time. The payments rose to £5 a month until I found this website in 2009 when I stopped paying them based on the advice I found on here. I have had many letters from various debt collection companies and solicitors who all, funnily enough, have the same address in Southend but once again I ignored them. Today I have received a county court summons from phoenix. Could someone please help me and run through what I should do and what letters I should send. I have 14 days to respond to the court. Does that give me enough time to send the letters for S.A.R. etc? I'm sure phoenix won't have the CCA from midland as I've asked for it before and been ignored. Any help would be much apprciated. Thanks G
  19. I still don't understand how they can just guess a meter reading for march 2004 and say I owe that much especially as the house was empty until the tenants moved in in 2005! They say in the letter that they have estimated the readings yet several times on the phone they have insisted that they have several accurate readings done by their meter reader over the last 5 years. If they have no actual meter readings, as they say in the letter, then how do they know how much electricity the tenants used? They also will not accept that the tenancy went to a Statutory Periodic Tenancy after the first 12 months. I have a copy of the letter I sent to the tenants explaining the change to statutory periodic tenancy but they didn't sign anything.
  20. Eon's reply: Dear Mr ********** Thank you for your letter dated 25th June 2010, received 19th July 2010, regarding your electricity account. I have raised a complaint on your account as you are disputing the amount of electricity we have charged you. This will prevent any follow up action or contact from third party debt collection agencies as mentioned in your letter. I have carried out a full review on your account and can confirm that we were informed that the property was empty and therefore the account was showing as unoccupied. this prevents any bills from being sent to the property address until we are notified that the property is being occupied. We sent eight letters to the the property from November 2004 to April 2009 advising of the electricity price changes. We also sent a letter on 25 February 2009 requesting to know if the property remained unoccupied. All accounts that showed as unoccupied were made live and billed up to date to prompt the occupiers to contact us. All of our accounts now issue quarterly bills unless the meter has been de-energised. I do not have copies of the price change letters as they are sent out as mail merges. There is no documentation on your account of all the dates and letter types that we have sent to the property address. Your account has now been set up from 4 March 2004 and we have used an estimated reading for this date. The reason we have used estimated meter readings since this date is because there was no access to read your meter as it is located inside of the property. We have always supplied electricity to this property and you have not stated in your letter when you purchased the property. We are happy to accept the Tenancy Agreement for (name) and (name) for the period 5 June 2005 to 5 June 2006. You will be responsible for all electricity charges prior and after this period. We will not be applying any adjustments to your account under our Billing Code of Practice as we were not made aware that the property was occupied. Although we did not send any bills to the property, we continued to send the price change letters from November 2004 to April 2009.
  21. I posted this previously but made a right hash of all the info and dates etc. I've finally got all the info sorted and correct dates with help from a close friend and my mother. I have struggled with this due to mental health issues but am slowly getting to grips with it. The house was empty and unused since mid 2003. According to eon the first bill they sent was to the "occupier" on 4th june 2009. There had been no previous bills. There were tennants in the house from 1st june 2005. I stupidly forgot to take meter readings as I was suffering with depression at the time and was mentally quite unstable. The tennants left on or around the 30th August 2008 (did a runner) and I moved back in with my then girlfriend on 8th september 2008 although I had been in and out redecorating from the 3rd September 2008. My girlfriend at the time rang eon with a meter reading on the 10th September 2008 to change the billing to her name. I was under the impression that she was paying the bills so had no reason to chase eon to find out why they weren't sending any bills. She left in the last week of May 2009. The first bill that I saw was sent addressed to "The Occupier" on 9th June 2009. Here is the letter I sent to eon. "Dear Sir I dispute the amount that you say I owe. I remind you that while I dispute this account you are not allowed under the data protection act to forward my details to any third party debt collection agency, this is also considered to be unfair under the Consumer Protection from Unfair Trading Regulations 2008 (CPUT) It has taken me quite a while to put all the following details together as I was suffering with poor mental health for most of the time concerned. I am willing to pay for any electricity that I am liable for but I am not willing to pay for electricity that I have not used while I was not living at this address. Why did eon not send ANY bills or letters to this address for over 5 years? Why did eon not chase the occupants for electricity being used for over 5 years? Why were estimated readings used from 2004 to 2008? If your meter reader could not access the property to obtain meter readings what did eon do about this? Please send me copies of ALL letters and bills that you have sent to this address. I was not living in the property prior to 3rd September 2008 as I had rented the property to (name) and (name). I have found a copy of the tenancy agreement that, unknown to me until a couple of days ago, my mother had been keeping for me which I have attached with this letter. I do not have a forwarding address for either of these people as they “did a runner” from my property on approximately 30th August 2008. The tenancy agreement started on 5th June 2005 and, after the initial 12 months shorthold agreement, the tenancy changed to a Statutory Periodic Tenancy hence the lack of any further signed agreements for the period from 1st June 2006 to 30th August 2008. We discovered that the tenants had left on the 3rd September 2008 when I went to collect the rent and discovered that they had left! My girlfriend, at the time, rang eon on the 10th of September 2008 ( I remember this as it was her birthday and she complained that it was a poor birthday present to put the bill in her name! ) to give a meter reading and put the electricity bill into her name. As the bills were supposed to be in her name I had no reason to believe that eon weren’t sending bills so I had no reason to enquire as to why bills were not being sent. She left sometime in the last week of May 2009, Her name is (name), I do not have a forwarding address for her. She was last known by me to be living in (town) in (county). Her D.O.B is (date). In addition to the fact that I was not living in the property until 3rd September 2008, so therefore not using any electricity, you must also take the Billing code into account: According to the Billing Code: “From the 1st July 2006 where the supplier has been at fault in not billing a domestic customer the supplier will not send a bill which includes energy consumed more than 2 years previous to the bill being issued. From 1st July 2007 this period will reduce to 1 year” 2.1.1 A bill has not been sent in one year Where the supplier is at fault in not billing a customer in the previous year, we will not bill a customer for more than one years worth of consumption unless it's in the customer's favour; the consumption relating to the oldest period (i.e. the period older than one year) will be withdrawn. For the purpose of 2.1.1, the supplier is at fault where they have made no attempt to bill or communicate with an existing customer during the previous 12 months. Specific exclusions The supplier is not at fault where A new customer has failed to notify the supplier that they are living in the property and we have sent letters to the address or we have continued communicating with the previous occupier. Eon cannot use this exclusion as I notified eon on 8th June that I was living in the property when I supplied a meter reading over the phone and eon did not send ANY letters to this address for over 5 years until the first bill that I saw on 8th June 2009. As I was under the impression that the tenants and then Miss (name) were paying the electricity bills up to that point I had no reason to contact eon to enquire as to why there were no bills being issued. You did not send a bill to the above address until 4th June 2009 therefore you cannot send a bill that goes back any further than 4th June 2008. However, you do not have any accurate meter readings for that date. You do have an accurate meter reading for 5th September 2008 of 95191 taken by your meter reader which coincides with the date close to when I and Miss (name) moved into the property. I must have let him in as Miss (name) was working at the time so wouldn’t have been in the house! This would have been what prompted Miss (name) to contact eon with a meter reading and to put the account in her name. As the tenants had left and I had access to the property from 3rd September 2008 and was living in the property from 5th September 2008 until the present day, I will accept liability for electricity usage from 3rd September 2008. I will not accept liability for any previous use of electricity at this address." I go on to say what the ammended bill should read based on the reading taken on the 5th Septmeber 2008 bringing it up to date with the last bill dated May 2010. I end the letter with this: Please note that I will no longer discuss any of this on the telephone. Please put all future correspondence in writing. Reply from eon to follow
  22. What I really need to know is: Is my letter up there ^^ ok to send? Especially the first paragraph about data protection act and cupt? Thanks
×
×
  • Create New...