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About thepalace1

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  1. Thanks to everyone so far who has replied. I am just taking the time to try and do some learning, reading up on estopple, reading various pieces of legislation. I am not sure which way to go. at the moment I would like to say we have a fairly good relationship with the landlords, but, would be willing to sour that for the sake of doing the right thing. If I have to re locate the business, would rather not, but if I had to then I will.
  2. thank you dx100uk for your time in replying. Much appreciated to everyone Dave In addition, I am scared if it goes to court, because they have said they will accept £5,500 in full and final settlement, but if we don't pay then they will take me to court and sue for the full £13,000, so almost blackmailing me.
  3. Thank you Bankfodder for your time replying. You are right in saying that it is our Landlord that is threatening us with court action if we dont pay the invoice. We have absolutely no dealing with CNG Ltd, infact we only just found out that they are the suppliers to our landlord recently. We have not seen any of the original invoices from the supplier to our Landlord. They said they have been reading our meters for the last 8 years and they have been incorrectly been calculating it. Our meter is M3 (Cubic Meters) and the landlord says when they do the calculations they were not correctly calculating it into KwH and this is howcome it has been under billed. Sorry if I confused you with Metric / imperial. They're saying they were not correctly converting somehow and they recently (2016) realised their mistake. However, I cant figure out how it took them 6 years to figure the mistake. As far as I am concerned, they read the meter 1st of month and invoiced us for our usage on 5th of month since March 2010, we paid the invoice and assumed we had paid for our gas. Our gas supply is sub metered from the commercial unit at the rear of our property. So their are 2 units, 2 meters on the same supply. They get billed from CNG Ltd for both meters as if it was one supply any further clarification points please let me know. and thanks again for showing interest in this for me, it is rerally appreciated Dave
  4. Hi, I am desperate for some help if anyone can, the story is as follows, sorry if it is long winded. I am a sole trader running a Lawnmower Repair Business, I lease a 1400sq ft commercial unit from my landlords. My landlords supply the Gas, Electricity and Water, I am billed directly from the landlord for the utilities and not their supplier which is not one of the big 4 believe is CNG Contract National Gas Ltd. I do not know who supplies them the electricity or water (a good guess for the water would be Yorkshire Water) So I took the lease out in February 2010, Trumbling along. struggling along to run a business as it was, paying my bills, rent, suppliers etc etc etc. Every month the Gas, Electric and water bill dropped through the letterbox always on the 5th of the month and they were always paid on time, as far as I was aware the gas was up to date, billed for usage and paid. Then in Sept 2016 the landlords said to me they think there is a problem with the gas and to leave it with them, anyway, fast forward to now. We have had a revised bill from them saying we have underpaid the gas since 2010, it was their fault as they calculated the meter reads incorrectly (ALWAYS originally billed by actual meter reads, we have all meter reads by way of photograph back to then, we took a photo of all utility meters every month (so did the landlord)) aparently they said they were calculating on imperial or metric instead of the other way round. So the invoice is £13,000, but they will accept £5,500 to clear the matter. If we don't pay it in 7 days they are taking us to the small claims court etc etc. Some thing stinks if you ask me. Can they do this? do we have a leg to stand on? does the Bills of Exchange Act s59 not apply?. I called citizens advice to ask about the Back Billing 12 month limit and they said this does not apply to me as my landlord re sells me the gas rather than the actual supplier, but they can only back bill 6 years as to the statute of limitations. £13,000 or even £5,500 is impossible to find for a sole trader with 7 days notice, last accounts I turned over £60,000 with a profit of £6,000, last year was a shocker for lawnmower repairs/sales. Please, if anyone could offer any guidence/support/advice I would be eternally grateful. thanks Dave....
  5. Hi, update is that the court have asked for me to complete a DQ (Directions Questionaire) what should I put in this. As stated I deny the debt, Lowell and their solicitors have not responded to anything I have sent them be it a CCA or CPR, any help would be great
  6. And then after 33 days can I ask the court to strike it out?
  7. So, it is now 11/03/2016, it has been 25 days since I submitted my defence, What happens now, I read somewhere that they have 28 days to respond..... Do I need to do anything my self on day 28? do I ask the court to strike the claim out? what would be my next move? Thanks
  8. thepalace1


    Hi nolegion, so so sorry I haven't picked up on your post #21, and sorry for the 18 month gap. Unfortunately my mother passed away in 2012 from cirrhosis of the liver caused in part to the damage caused by the excess iron of the haemochromatosis but also more in part to alcohol. My mother was diagnosed with Haemochromatosis around her early 50s, as it seems is the more likely age range in women. It tends to show more symptoms in women after menopause, a woman's natural ability to loose blood on a monthly basis to some extent hides it, as I'm sure your aware of, the main treatment for the excess iron levels is to have around a pint of blood taken, in my mums case initially weekly as her serum ferritin levels were around 1500. They say they should be less than 50; my mum after 2 years of venesection got only as low as 200, her veins were shot to hell and as each week went by it took more effort to get a vein, in the end they always had to find the vein with the ultrasound machine and the consultant taking over. This part, more than the physical symptoms, my mother struggled with, she was 5ft1 and 7stone, and she was always in pain when they took the blood. For this, I look back with deep sadness, but great pride with how my mother dealt with it. Please don't let this post worry you too much, as I said my mother was a heavy drinker, if she had not been, the heamochromatosis would have been brought under control without any more damage to her liver. The symptoms my mother initially went to the Drs with were fatigue and pains in her joints, the joint pain being the worst of the symptoms. I took my mum weekly to Ward 5 Bradford Royal Infirmary for venesection. We were well known on ward 5 near the end of my mum’s life, we grew quite close and fond of the nursing staff. The same nurse treated me when I was in for a pre-planned operation last year as ward 5 is the surgical ward. The highest prevalence of HH is with people of Iris decent, my mother was born 20 miles north of Dublin, she had 16 brothers and sisters ( a large Irish family with 17 children ) as soon as she was diagnosed the Dr printed a letter for her to give to brothers, sisters and children for them to be tested, the doc was shocked when she said you'll need to print about 20 of them, ha ha.. When my mother informed her brothers and sisters there was a mad rush of HH genetic testing in Southern Ireland, which by the way they all had to pay privately for. Out of the brothers and sisters who tested in Ireland 4 of the sisters have full HH and 2 brothers, although not all 16 were tested as some didn't bother/couldn't afford it which is up to them, my mother did her part in at least informing them. My mum had two children, myself male, and my sister, as I said earlier my sister has full HH like my mother but I am only a carrier. I being a carrier, if I was to want my children (3 of) to be tested then I would have to pay privately as the NHS would not pay. But my sister can have her 4 tested under the NHS, but the doctors have said they are better waiting until they are older, whether this is a cop out I don't know. As a side note, I recently found out that the tests were all performed in Newcastle, and the consultant in charge of the DNA profiling there had the exact same name as my mother, Ann Curtis, which today, years after the tests and 4 years after my mum died I found spooky. Anyway, I hope you are doing ok, I hope any part of this post did not worry you at all, I am sorry again for the delay in replying, I forgot all about the post as I did not log into this site for ages. If you require any further information then I am more than willing to give you my personal email where I promise I don't take best part of 2 years to reply. Good Luck!
  9. Thank you for your reply andyorch, from browsing the site it seems that i'm in great hands with you looking in on my thread, thanks again. I am sorry about the thread being in the wrong place, and the attempt to link externally. Hopefully these two photos will show up, if not I will just reproduce it in a post. thepalace1 org defence.pdf
  10. I hope this is in the right place, please would any mod kindly move if not. I would appreciate any guidance along the way from pple more versed in the small claims court. Lowell Solicitors have lodged a claim with Northampton, particulars as follows. Issue Date: 18-1-2016 Amount approx: under £600 Claimant: Lowell Portfolio 1 LTD Solicitor: Lowell Solicitors Limited Original Credit: Shopacheck Particulars of Claim: 1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Shopacheck under account reference ******** ("the agreement"). 2) The defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The agreement was later assigned to the claimant on **/**/2012 and notice given to the defendant. 4) Despite repeated requests for payment, the sum of *** remains due and outstanding. And the claimant claims a) The said sum of *** b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, acrruing at a daily rate of *** but limited to one year, being ***. c) Costs What I have done so far: 1) Acknowledgement of service - Online MCOL Website (20/01/2016) 2) Sent CCA REQUEST - £1 postal order - Signed For Post (21/01/2016) - Lowell Portfolio I Ltd 3) Sent CPR 31.14 - Requesting Default Notice, CCA Agreement and assignment - Signed For Post (21/01/2016) - Lowell Solicitors I Cannot for the life of me remember having shopacheck, but then again in 2012 my head was up my proverbial **** as my mother died that year. I have never received any default notice from Shopacheck or Lowells, I am very good with paperwork/documents/post, everything that comes that is official if filed in ring binder boxes... If I had received any default notice I would have acted. Also, I never received any letter from Shopacheck / Lowells to inform me that the debt has been re-assigned. I am not denying the loan but also am not accepting it as I just do not know, what I do know is I have had 20 + loans from shopacheck in the past since circa 2000 , so do have a financial history with the company I have looked through any/all paper work kept from previous loans but cannot find details of the one they are referring to with the reference number they gave me in the Particulars of Claim. So, as of 15/02/2016, Lowell Portfolio I Ltd have not replied to the CCA, Lowell Solicitors did reply to the CPR stating they are requesting the documents but that is as far as it went, they refused to answer my question asking for an agreement to extend the time for filing defence. Last night I filed my defence in time for the 15/02/2016 defence deadline. the defence was along the lines of this link Thanks to anyone who can help with guidance along the way
  11. I don't know if this will help you much, but a quick search on the Financial Conduct Authority website shows, that Hoist Holding Portfolio 2 have had their Financial Services Licence CANCELLED, therefore they are actually breaking the law by continuing to chase the debt, carrying on financial services activities is a criminal offence without a Licence. Please look into this further and I hope others on this site will help you with any possible next move.
  12. Hello, today I received a letter from HMRC regarding my and my partners Tax credit award. The letter states that we have been randomly selected for an enquiry. HMRC are requesting :- a) Details of any social security benefits received. b) Evidence of child benefit entitlement including reference number (example, bank statement showing payments received) c) Bank statements for the period 1 January 2015 to 31 March 2015 (This is very specific, not like a whole year or anything) Now, Just to make you all aware, I HAVE NOTHING TO HIDE, and WILL be sending all the information to them.. however, my question is, Do the HMRC have a right to demand bank statements? Has this been passed in Law? what rights do we have regarding the request for bank statements? Just for clarity, On the claim is myself, my partner and our three children aged between 4 and 11, we are in receipt of Tax Credits, Work Related Activity Group for ESA and child benefit.. We are both unemployed due to severe ill health. Thanks in advance
  13. sorry for the sporadic replies, the internet wips the battery on my phone, then i have to charge it in the car before i can use it again.
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