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Mr-Pieman

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Posts posted by Mr-Pieman

  1. 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

  2. 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

  3. 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.

  4. 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.

  5. 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.

  6. 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. :p

     

    "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

  7. 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.

  8. 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

  9. Right then 1st draft of defence

     

    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. I MR P of SOMEWHERE am the Defendant in this action and make the following statement as my defence to the claim made by DEBT BUYER LTD.

     

    2. 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.

     

    3. Paragraph 1 is noted I have in the past had a financial relationship with OC.

     

    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 77-79 (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 Procedure 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

  10. To cut a long story short I believe BT or one of their employees is responsible of untrue or misleading actions possibly fraud to my father of nearly 80.

     

    Basically my dad removed caller Id from his phone to reduce the cost. He has the true-caller BT phones so straight away they stopped working correctly. I explained that it was because he had removed caller ID. While I was visiting him he asked me to put it back on for him so he phoned them went through security and I then took the phone. I explained my Dad had accidentally removed caller ID and his call blocking had stopped working and could they add it back on. The employee of BT explained that he he was such a long standing customer and providing he agreed to another years contract (he has broadband and telephone with BT) they would give it him free.

     

    A few weeks latter my Dad received a letter thanking him for his change of package. This letter explained 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. None of these upgrades were mentioned during the phone call none were asked for my Dad has Sky and has no need of unlimited data.

     

    As you can imagine my Dad phoned them straight away and asked for an explanation. They could offer none but confirmed they would get back to him. A nearly 2 weeks latter they still have not. The additions have been cancelled.

     

    I have emailed a official complaint to BT requesting copies of all the calls because I'm going to send them to OFCOM I believe that this behaviour should be stopped and BT held accountable. So far I have received no reply its now been 6 days since the complaint.

     

    I believe people should be made aware of this as I find it despicable. I had a similar trick played on me by another supplier which was very quickly sorted out.

  11. Hi,

    quick question about the defence i have read loads on here.

     

    Generally do you make the Claimant work for everything

    or for example if you think you recognise the account number

    and you are maybe aware of say PPI or think an Invalid DN was received

    or believe a settled account was shown in CRF would you mention those in the defence ?

     

    Would it be better to mention in your defence that for example the DN was invalid?

    or Mention that the OC was supposed to refund a large amount of PPI but never did?

     

    or do you keep it simple and pop everything in your witness statement

     

    Thanks in advance

  12. Sorry Andy, yes that's what I meant a default judgement.

     

    Meaning of ‘default judgment’

    12.1 In these Rules, ‘default judgment’ means judgment without trial where a defendant –

    (a) has failed to file an acknowledgment of service; or

    (b) has failed to file a defence.

    (Part 10 contains provisions about filing an acknowledgment of service and Part 15 contains provisions about filing a defence)

  13. Morning all,

    I just received the standard CPR reply from HC this morning.

     

    We acknowledge receipt of your letter dated made under C.P.R. 31 .14 for documentation mentioned in our Particulars of Claim.

     

    We are currently in the process of retrieving the documents requested.

     

    Therefore, please accept this letter as our agreement to a general extension of time. 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.

     

     

    So no date when they expect to have the documents there's a surprise, but they will grant 14 days after I receive them. I wonder if they would try for a Summary Judgement if I miss my defence date waiting for documents????

     

    Standard letter so I will stick with my date for filing a defence, which is nearly done.

     

    Thanks

  14. Thanks DX,

     

    I sent CPR 31.14 today Special Delivery I had to print it at a friends

     

    I have requested the following pretty much the standard template.

     

    1. Copy of the CCA +T&C

     

    2. Default Notice

     

    3. Statements

     

    4. Assignment Notice and proof of service.

     

    5. Termination Notice

     

     

    Lets see what the postman brings.

     

    Out of interest would you get in touch with the original OC to ask why the PPI wasn't refunded?

     

    Thanks

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