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Tricky Dickie

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Everything posted by Tricky Dickie

  1. I will take a look in the bailiff section however they have applied for a warrant of entry not a warrant of execution,no judgement has been obtained. I just wanted to know if the civil proceedures rules could be used to force them to produce all documents they have in the case so I could decide how to defend and if not what other options I have.
  2. This dispute applies to a utilities bill and the bailiffs have applied for a court warrant of entry. I want to know exactly what information they possess about the debt they claim is owed by me to decide how to handle it. Does anyone know if I can make a request under the civil proceedures rules as I would if this was a consumer credit issue or is there some other means of making them produce all the information in their posession which they intend to rely on in any action?
  3. Thanks for the support guys I will give everyone who wants it chapter and verse when the whole saga is over and everything settled. I may choose to do that via pm as don't forget that CMCs are the spawn of the devil and I don't want to end up as a pariah on here . Interesting to see another BBC report about the MoJ and CMCs and the usual warnings about misleading statements,does no-one else think that the whole situation regarding CMC's and the MoJ is really strange? Over the past 12 months the MoJ has granted thousands of registrations for licenses to practice financial claims,why is th
  4. UPDATE. I am being taken to court by MBNA to enforce a credit agreement and am being defended by a solicitor appointed by a CMC. The date for the trial hearing is the 10th August in the Chester County Court however yesterday MBNA called my solicitor to ask if they would agree to an adjournment because they have not had time to prepare their witness statements which appears to be a tactic to buy some time as witness statements are not relevant to the basic point which is that the signed agreement does not contain the prescribed terms(exactly the same as the Mitchell case in June). I am di
  5. Pelham,thanks very much for your help,feeling much more positive now will get stuck into SP on Monday
  6. Pelham,thanks for your post.Its not surprising that tenants do not inform the utilities that they have now occupied a property and that they want to pay for the energy,I wonder how many landlords are aware of this? But back to my case,from what I have learned here it would seem to me the best course of action would be. 1.Inform SP again that the tenant and not myself is responsible for payment and give them the information I have about the tenant and current whereabouts. 2.Request that they provide substantiation of the reasons they have applied for a warrant of entry 3.If they persis
  7. HP Mum Thanks for that its very illuminating and your case has close similarities to my case posted elsewhere. I would very much like to inspect the provisions of the billing code restrictions and the Limitations Act,can you please give links to where I can find these documents. Thanks TD
  8. You are probably right that the builder gave SP my name but what I can't understand is that I found a letter in the property from SP dated early June addressed to 'the occupier' then a very recent one including my name. So from that I can only conclude that either SP have been writing to 'the occupier' for years and then finally contacted the builder for a name or alternatively for years they had not pursued payment then sent correspondence to 'the occupier' then finally found out who the owner of the property was. Either way they appear to have been incredibly lax in trying to pursue thei
  9. Don't know how long there had been bills being sent to the address but after tenant moved out I found one addressed to 'the occupier' then one sent recently to my name/occupier and just after that a notice saying they were applying for a warrant of entry. Wonder how they got my name?
  10. Can anyone give any accurate information to establish the legal issues regarding responsibility for paying energy companies,it is my understanding that they have to establish that they have a contract with a person to demand payment. The fact that a person owns or occupies a property is not sufficient to establish such a contract exists. Lets say a builder sells me a house and during its construction he arranges for 5 tons of sand to be delivered every week to the site. When he sells me the house he forgets to cancel the order and the builders merchant carries on delivering the sand ever
  11. Thanks for the reply,here is what I found as a definition of a deemed contract When you move into any new premises - the gas being supplied will be on a 'deemed contract' until you sign a gas supply agreement. This is usually higher in price - due to uncertainty about the gas requirements for the premises. We advise you contact us us immediately when you move into a new premises, so you can get a more competitive price from the start of occupancy. It was my understanding that in order for any utility company to bill a particular person they first had to have evidence that per
  12. Ignoring any moral questions is it not the case that the liability for payment for any energy supplies lies with the person or entity that requested the energy company to supply energy to the address in question and that if they can not establish who that was then they have no legal redress. They have previously taken people to court using the argument of 'beneficial usage ' and lost.
  13. Scottish Power have applied for a warrant of entry to disconnect gas and electricity supplies regarding a disputed bill for energy supplies to a property I own. I have never requested them to supply me personally with electricity and gas services for the period of time in question. Can anyone please tell me what evidence they will need to provide to the court to obtain the warrant of entry,surely they will first have to prove that I am personally liable for the debt which as I said I am confident they will not be able to do. Also is there some sort of pre action disclosure proceedure whe
  14. Any help on this would be appreciated,also if there is a better place for this to be answered please advise
  15. Scottish Power have applied for a warrant of entry to disconnect gas and electricity supplies regarding a disputed bill for energy supplies to a property I own. I am confident that they have no way of proving that I ever requested them to supply me personally with electricity and gas services for the period of time in question. Can anyone please tell me what evidence they will need to provide to the court to obtain the warrant of entry,surely they will first have to prove that I am personally liable for the debt which as I said I am confident they will not be able to do. Also is there s
  16. If they are regulated by the MoJ then they should know that the MoJ specifically prohibit cold calling of any kind to promote such claims services but such instances do seem to be cropping up more and more regularly
  17. You make some very good points Redfish in particular about being represented in court and paying for it. Surely its better to be represented in court by a barrister on a conditional fee agreement as they will be trying that much harder to win knowing that if they lose they don't get paid. And for sure a good track record is essential whats the point of going with a company that doesn't get results just because they don't charge an upfront fee. My feeling is that if a company has a good track record there is no problem charging a reasonable upfront fee as long as this is refunded if they
  18. looks like the game is up for the Rankines anyhow having had their MoJ authorisation cancelled. I feel sorry for people who have been taken in
  19. Rant forgiven but lets not forget the most fundamental aspect of the whole charade-they lent you money which did not exist until you agreed to borrow it off them and by implication promised to pay them back.They created the money on the security of your promise to pay it back . The whole system is fundamentally bankrupt and the only reason it stumbles on is that most people just accept it rather than looking at what is really going on. I do not think that will carry on for ever then we'll have real problems
  20. The lenders may be tightening things up to avoid being caught out regarding unenforceability but are they making their agreements any fairer. As I understand it there will soon be cases being brought against lenders where the argument is that the agreement may constitute and unfair relationship. As such the 25k limit and date of pre April 2007 will not apply
  21. I am sure that I have heard somewhere that a very high proportion of Welcome CCA are in fact improperly executed so thats definately worth looking into
  22. Hope someone can help. I have a credit card debt with Abbey which I can not pay off and am now being pursued by 1st Credit. They recently sent a threatening letter regarding my personal credit card debts to the registered office address of a company of which I am a director which also happens to be the address of my accountant and the companies accountant so I was not best pleased. The company has an Abbey business account and I am sure that the only way 1st Credit could have obtained this address and been made aware of the connection between me personally and the company is by informati
  23. Apart from the cases which were selected to be heard as 'test cases' in the Commercial Court in London the other cases being dealt with in the Chester Court are being dealt with in the normal way. My case will be heard on 10th August and I will post on here how things go. I am being represented on a no win no fee basis by the same CMC and legal team who represented Mr Mitchell in his case v Bank of Scotland which is posted earlier in the thread. They have told me that my agreement is exactly the same as his in terms of being improperly executed and they are very confident of a positive r
  24. As I understand it he takes on the debts personally rather than using a limited company. As for him bringing down the finances of the western world I hardly think Rankines help is needed there between the governments and banks they are doing a first class job of that already. Rankine may be a clown but he has a long way to go before he is in the same league as the clowns who run the government and financial institutions. Rankine issued a winding up petition to HBOS on the grounds of insolvency 2 years before the government had to bail it out-because it was insolvent. The judge dismisse
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