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About Mr-Pieman

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  1. Congratulations, I cannot believe RM would not pay out on such a relatively small amount. How much did it cost them to send a solicitor for 2 hours? As said previously they must throw thousands of claims out, they should be ashamed of themselves. Well done again
  2. Hi Silverfox, yes your are 100% about bank statements apparently it was an old account and they were not receiving statements but its not really an excuse. I have asked them to check to see if they were receiving emails from the company telling them about the monthly charge. Its quite underhanded to be honest I made an account using a junk email account and its a little ambiguous. The fact that you only have a small window of time to log into your account 1st-5th of each month to stop the £35 each month seems very dodgy indeed. Thanks again
  3. Hi everyone, a friend of mine has an account they haven't been receiving statements until recently when the had online banking they used it for savings. They have just realised for the past 18 months JustFab have been taking £35 a month. Apparently when you purchase anything from this company they automatically sign you up for this £35 a month VIP credit rubbish. the original site looked like this it isn't very visible to be honest at all https://web.archive.org/web/20150130062703/http://www.justfab.co.uk/ https://web.archive.org/web/20150206014019/http://www.justfab.co.uk/how-justfab-works Here is a thread on another site http://forums.moneysavingexpert.com/showthread.php?t=4760544 This is how it looks now looks like they cleaned up their act its still only at the bottom of the page. http://www.justfab.co.uk/index.cfm It basically works like those old book clubs. They have contacted the bank and the bank instantly refunded 6 months. They tried to get the company to refund but they didn't return calls. Is it worth a small claims? Help would be appreciated
  4. Well I received a reply fro emailing the CEO of BT. Basically they have stated that the internet was not updated at the time of the call. The update occurred approximately 10days latter online, neither myself or my Dad updated the account. I requested how the account got updated and by whom and how. They have stated that they have very little information and have no idea how the update occurred. Call be suspicious but I find this very handy on their part that an update was applied by a mysterious person unknown without our permission and strangely they have no idea how this occurred. Companies like BT must have logs on these type of thing yet they have confirmed this information is not available.
  5. Hi Silverfox, I will get the SAR sorted I have also sent an email to the CEO of BT copying the email train in. Thanks MR-P
  6. Well yet another update, I received a reply from "management" they said they had tried to contact me with no success they were trying to call again despite us requesting email or letter only. After another email I again received another reply, it basically confirmed our account of the incident. Strangely they had now found the copies of the calls how odd. Sadly this was their response :- "I have gone through your complaint and have reviewed the account for you. I have heard the call recording for time: . Where you called in stating that you had cancelled caller display a few days back and since then your Call guardian has stopped working. The call was then taken over by your son who explained to the advisor that caller display was necessary for call guardian so wanted him to activate the service again. The Advisor offered two billing options to your Son for caller display. 1. Chargable Caller display without any contract, Cost: £3.95 per month 2. Free Caller Display with 12 months contract. Over the call Free Caller Display with 12 months contract was agreed and that is the reason this put you in 12 months contract." As I have stated this is a complete fabrication as the letter we have clearly states an increase in cost to the line rental, a BT Infinity Activation charge £49, delivery charge £7.95 and a increased cost of his overall package £30 per quarter and a new 18 month contract. I have requested copies of the recording that they have "found" and questioned if they have actually read the complaint. So at least they are continuing their customer service like they started.
  7. Well this is still ongoing the latest gem from BT is shown below :- "Thank you for your reply. I'm sorry for all the trouble you had. I've tried to locate the call recording. However, couldn't find it. We really apologize that the order was placed without your consent and you had to call us and write to us to repot that. However, I would like to inform you that order is reverted now and your broadband contract is not renewed. I have put notes on your account to inform that no order should be placed without your consent" That was an exact copy off their reply I love the last part about not applying orders without your consent unbelievable. I have attempted to escalate this to their management that was 8 days ago despite been assured a reply would be received within 48 hours.
  8. Defence all submitted and acknowledgement received in the post. Strangely still no response for CPR 31.14 what a surprise. With regard to the next step N180 and mediation. How can mediation actual take place if the Claimant hasn't even responded to the CPR31.14? Thanks
  9. Thanks Andy, I suppose the additional interest swells their books. Can you write the same thing of twice for tax purposes ?? Well the postman has been today (D day) not a sausage so I guess I wont be taking them up on their offer. "Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate." I will submit my defence now. Thank for your help all
  10. Just a quick question. Should ones credit file for the alleged account be updated with amount claimed? This includes Solicitor fees + claim fee + s69 interest. Are they seriously that confident or inept.
  11. Well its now been 12 days since my complaint via email still nothing. From their own blurb http://btplc.com/Thegroup/RegulatoryandPublicaffairs/Codeofpractice/CustomerComplaintsCode/Complaints_code_of_practice.pdf The quickest ways to get in touch are by phone or online using LiveChat. If you prefer, you can email or write to us but it might take longer to get back to you (up to 10 days). We’ll aim to solve your complaint within 14 days but sometimes it does take a bit longer. So they have pretty much breached their own Complaints code I will give them a few more days. Then I will raise a complaint with :- https://www.ombudsman-services.org/communications.html How does this company carry on behaving in this manner? I really begs belief. Trying to take money from a 79 year old pensioner for chargeable services they neither asked for, or required then not responding to complaints.
  12. Just realised you can save your defence on the MCOL site without submitting so its ready to be submitted. On a slightly different note I found a handy site for working dates out http://www.timeanddate.com/date/dateadd.html You have to tweak the 33 days to file slightly to 32 but its better than counting. thanks again everyone
  13. Thanks DX. Would it hurt if I filed early as I may be out of the country next week? The 7 days for my supply of info from CPR 31.14 is long gone. Thanks for your help all
  14. Right then 2nd draft of defence Thanks DX Additions in green POC 1. This Claim is for the sum of £ 4***.00 in respect of monies owing pursuant to The consumer credit Act 1974 (CCA) under account no. 2. The debt was legally assigned by OC to the Claimant and notice has been served. 3. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87(1) CCA. The Claimant claims 1. The sum of £ (less than 10k) 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the date to the date hereof xx days is the sum of 3. Daily interest at the rate of £ yy 4 . Costs Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had a financial relationship with OC, but I do not recognise this specific account number or recollect any outstanding debt. I have sought clarification from the Claimant. 3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from either the original creditor or DEBT BUYER. 4. Paragraph 3 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received. 5. On the DATE MONTHS BEFORE CLAIM I made a legal request by way of a section 77 (CCA1974) to the Claimant. The Claimant has yet to comply with the request. I have also requested further information to clarify the Claimants claim by way of a CPR 31.14, again the Claimant has yet to comply. Therefore the Claimant is put to strict proof to:- (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show and evidence any breach. 6. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Thanks in advance
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