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About miapia

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  1. Thank you that is really helpful. I will listen to the podcast soon. Just getting all the evidence i need to send back to courts.
  2. hi dx I received all sar details today with all the information they hold. ive checked through it all and there is no correspondence as to when the account was created and who actually created the account. The scottish public services ombudsman had previously upheld a previous complaint stating that they had not notified Mr C when the account was created and this was something they were required to do under The Market Code. I was not informed of the account being created so maybe this could be one objection going to the courts. Would appreciate your feedback thanks again
  3. Hi thanks very much for all the information. Im going to go through it all see what can be done. Will let yous know if i find anything that i can use. another aspect which ive picked up on is that Clear business water had sent correspondence which seemed to be from a debt collection agency. it was in fact from cbw in house debt collectors. this may have been to intimidate. the report cited in its recommendations What we said should change to put things right in future: Any correspondence from Universal Debt Collections must make it clear that they are not a licensed debt collector, they must make it clear that they are an internal department of CBW's parent organisation and they must provide accurate information about CBW's debt recovery process. ive just read on the spso thread about a case whereby the landlord did not know about a meter being installed . i did not know that clear business water had installed on the property and they did not notify me. it was a previous tenant that had got it installed. i wonder if this would be relevant to my case? We listened to a call between CBW and the representative of the landlord and were not of the view that consent was given to install a bulk meter, only that CBW could arrange for an initial survey into the matter. We noted that they had not notified Mr C when the account was created and this was something they were required to do under The Market Code. We also found that CBW failed to advise Mr C in initial correspondence that they were billing under The Deemed Contract Scheme where the scheme requires this to be clearly identified to customers. Overall, we found that while the charges were technically correct and liable, the communication from CBW had been poor. We found that the account did not have the authority of the landlord to be created as they did not approve the installation of the bulk meter. Therefore, we upheld this complaint.
  4. thanks i will do that. so i just send off for time to pay to the courts? al have a look. thanks for your advice its been really helpful
  5. thanks dx. think your right might have to go for paying it up. ive had a new tenant in since september 2019 so they will have to pay from then. really annoying that they can get away with this. daylight robbery backed up by legislation
  6. thanks for that dx. they say it was a deemed contract and the water meter is not metered meaning no readings have ever been taken.
  7. name the issuing court: SHERIFF COURT GLASGOW Who Is The Claimant: VERASTAR LIMITED T/A CLEAR BUSINESS WATER, LONGLEY HOUSE, LONGLEY LANE ,MANCHESTER M22 4SY Who Are the Solicitors: ASCENT LEGAL SCOTLAND ASVE01.000211 What type of action? (Simple/Ordinary): SIMPLE What is the claim for – 1.THE CLAIMANT CLAIMS FROM THE RESPONDENT THE SUM OF £1053.07 IN RESPECT OF A WATER SUPPLY TO (ADDRESS SUPPLIED) WHICH STARTED ON 30 JULY 2018 AND IS CURRENTLY LIVE AND CONTINUES TO ACCRUE CHARGES. 2.THE CLAIMANT ALSO CLAIMS INTEREST UNDER THE LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 OF 8% ABOVE THE BANK OF ENGLAND BASE RATE UNTIL 25 SEPTMEBER 2019 IN THE SUM OF £4.60 AND COMPENSATION ARISING FROM LATE PAYMENT UNDER SECTION 5A OF THE LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 IN THE SUM OF £40.00 3.DESPITE REPEATED REQUESTS FOR PAYMENT THE RESPONDENT HAS FAILED TO MAKE PAYMENT AND THIS ACTION IS ACCORDINGLY NECESSARY. date of raised claim [or court stamp date from writ] :-SHERIFF CLERK, GLASGOW LODGED 17 DECEMBER 2019 Last Date Of Service [or from form 07]:- 31/01/2020 Last Date For Response [or from form 07]:- 21/02/2020 What Documents are listed in Box E2:[or in your form requesting the same?] LETTER, INVOICE(S) Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Water Utils BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I WANT THE COURT TO ORDER THE RESPONDENT TO PAY ME THE SUM OF:- 1. £1053.07 WITH INTEREST THEREON AT THE RATE OF 8% ABOVE THE BANK OF SCOTLAND BASE RATE FROM THE DATE OF SERVICE UNTIL FULL PAYMENT 2. £4.60 3. £40.00 4. EXPENSES OF THE ACTION ….. from your knowledge: answer the following: When did you enter into the original agreement before or after 2007? AFTER 2007. ALTHOUGH I DID NOT ENTER AN AGREEMENT Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- ORIGINAL CREDITOR Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Did you receive a Default Notice from the original creditor? NO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO When was you last payment:- NEVER PAID ANYTHING TO ACCOUNT AS I DID NOT TAKE OUT THE CONTRACT Why did you cease payments:- Was there a dispute with the original creditor that remains unresolved? YES Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO What you need to do now. hi these are the details that have been sent im just looking at section c1 ABOUT FORMAL SERVICE WHO FORMALLY SERVED THIS NOTICE OF CLAIM DATE OF FORMAL SERVICE WAS 30/12/19
  8. last date for service is 31/01/2020 last date for a response is 21/02/2020
  9. ok thank you. will post in reply tomorrow. thanks again for your help
  10. hi again do you want me to fill in the form and post it to forum? sorry not used to this
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