Thefatman
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Thank you DX. I will shop around
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Yes. However he has not mentioned anything on the report just said that HSBC had failed on credit score. He did not suggest a sub prime lender or are we continuing looking for a mortgage at present.
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The mortgage was with HSBC they turned us down after credit scoring. The only negative thing on file from the past 6 years is this mark from Eon. I do not want to sue for damages in all fairness. They have stated that the reason the marks are there is because even though no final bill had been raised and when it was I paid within 5 days the marks are there because I had cancelled the DD. Even though they had no intention of taking any payments until after the final bill was raised. They have admitted they do not take payments from a DD after an account has switched to a new supplier Until the final bill is raised. They raised the final bill 19 weeks after switching and I paid it within 5 days. But I cancelled the DD 10 weeks before they raised the final bill and it is this peroid that has the poor rating. If that makes sense. The account was fully up to date prior to switching, no payments missed whatsoever. I know its a complex one, whilst I may not have suffered financially I feel that I have been wronged by them leaving these marks on an otherwise unblemished record. Hence why I want them to have to explain themselves in an official capacity. It seems very much a case of the big boys screwing the little man again.
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Thanks for that DX. Do you know how I can issue legal proceedings against them without claiming for money ?
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In 2018 I switched from E.On to Shell Energy. The switch took place on 4th June 2018. I left the direct debit in place for them to take any final amounts due. They produced a bill on 4th July 2018 for £92. The bill is marked by Eon as this will be carried forward to your next statement. There are no payment instructions or payment slip on the bill. I eventually cancelled the Direct Debit at the end of July assuming that Eon would have taken any balances due by then as they had 8 weeks from transfer by that point. They produced a final bill in October 2018 as there was no direct debit in place I paid the bill in full within 5 days. They have however left an unpaid mark on my credit file in September and October 2018. I complained back in 2018 they dismissed my complaint and said they would produce a Deadlock Letter and go to ombudsman. In 2018 I suddenly lost my mu at the age of 64. My wife and I moved in with my disabled dad to help him for a few months. Due to everything going on I ended up with mental health issues and forgot all about the eon issue. Fast forward to now. I apply for a mortgage and the eon black mark raises its head. Eon refuse to reopen the complaint. But I can not go to the ombudsman as the case is 4 years old. I have a full SAR from e on which confirms everything I say. They did not take any payments to cover the July statement despite an active DD being in place. There is no record on the SAR of any deadlock letter ever being raised. They claim that the unpaid markers are there because there was an outstanding amount due on the account with no payment plan in place. But there was a DD in place. Also if this account was due for payment from the bill being produced in July and then the final bill being made in October there was no contact from Eon. No reminders no request for payment. I am quite happy to take them to court but the only claim forms I can find relate to money. I am not planning on claiming money I wish to get a court order to make them change the credit file. Any help or advice would be very welcome.:)
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Chess Telecom Court Claim received.
Thefatman replied to Thefatman's topic in Financial Legal Issues
Defence Filed. Thank you Andy. I will be sure to keep this thread updated. TFM -
Chess Telecom Court Claim received.
Thefatman replied to Thefatman's topic in Financial Legal Issues
Thanks Andy -
Chess Telecom Court Claim received.
Thefatman replied to Thefatman's topic in Financial Legal Issues
Defence needs to be filed today or tomorrow. Anyone with any advice ?? TFM -
Chess Telecom Court Claim received.
Thefatman replied to Thefatman's topic in Financial Legal Issues
Documents re attached chess legal reply .pdf -
Chess Telecom Court Claim received.
Thefatman replied to Thefatman's topic in Financial Legal Issues
Polite bump. Anyone ? -
Chess Telecom Court Claim received.
Thefatman replied to Thefatman's topic in Financial Legal Issues
Morning all. My friend had a response back from chess in relation to the CPR letter which I will post in a few minutes. First though I have uploaded their response to a SAR earlier this month in which they disclose no infiormation and then clarify that they have nothing more in my friends name. here is the response to the CPR request. They have sent a covering letter, copy invoices and a string of e mails they claim were sent during 2014. However she wrote to Chess in Feb 2014 advising she was ceasing to trade, all these e mails are March 2014 or later. None of these e mails came up in the SAR request. Every e mail is addressed to the former employee Mr ******* Having seen the file when they took the former employee to court none of these e mails were produced then either. So I am unsure if these e mails are genuine. Then there is a letter that was sent to my friend in June this year. This was the first contact she received from chess. However they claim not to have received the letter sent in Feb 2014 advising of ceasing to trade and giving her home address. They claim they got her home address from an internet search, yet the results of an internet search is not disclosed in the SAR response either. The rest of the emails. Wouldnt let me add them all to one post Sorry something else I just noticed. The cancellation charges which are main part of the amount claimed. acording to the invoice attached were added to the account on 1st June 2014. Yet the e mail demanding payment in July is less than the amount of the cancellation charges. Thus making me beleive more that the e mails are fabricated I have just come across this online https://civillitigationbrief.wordpress.com/2014/01/03/second-action-struck-out-as-an-abuse-of-process-report-of-first-instance-decision/ Could the same argument not be made in this case for a strike out. That being that the case has already been heard by a judge and the same case is being brought before the court again only with a different defendant ? -
Chess Telecom Court Claim received.
Thefatman replied to Thefatman's topic in Financial Legal Issues
No worries I will leave that one off Thanks Andy -
Chess Telecom Court Claim received.
Thefatman replied to Thefatman's topic in Financial Legal Issues
Hi Andy. asking for the following. is this ok ? 1: True copies of all unpaid invoices. 2: True copies of all demands for payment. 3: Notices of the breach of contract issued. 4. Copy or recording of the contracts on which this claim relies Not sure if it matters, but they have been remined of CPR before. In the fact that they have been asked to refer to an ADR but have refused on the grounds that the case has already been to court. -
Chess Telecom Court Claim received.
Thefatman replied to Thefatman's topic in Financial Legal Issues
Thanks Andy. Do you think she has grounds to apply for it to be struck out as the case has already been before a court. Albeit in some one else's name? -
Chess Telecom Court Claim received.
Thefatman replied to Thefatman's topic in Financial Legal Issues
POC are : 1. The claimant claims the sum of £2234.02 due from the defendant to the claimant for unpaid invoices. ( invoice number s) dated 31st October 2013 to 30th June 2015 in relation to telecommunications servoices supplied by the claimant to the defendant. 2. The claimant has made several demands for the monies outstandingwhich remains unpaid and constituites a breach of contract. 3. The claimant is is entitled to and claims interest persuant to the late payment of commercial debts (interest) act 1998, on all sums found to be due from the invoice due dateat the rate of 8% per annum above the official Bank Of England base rate currently set at 0.5% per annum, in the sum of £269.21 and at a daily rate of £0.52 4. The claimant is entitled to and claims statutory compensation, for the late payment of the commercial debt, of £310 persuant to section 5A of the 1998 act TIA
