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thescribe

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  1. It is pretty standard for them, agreed. However, it is not a debt so should not form the basis of a claim I would have thought. I have contacted the bailiffs today and they are refusing to let me have a copy of the warrant that was granted.
  2. No I don't think so, they applied for a warrant of entry under the Gas and Electricity Boards Act 1954 to fit a pre-payment meter. The problem is that there is a clause in my rental contract that I can't have one. I'm happy to pay the arrears but I don't think it can be legal to get a warrant based on £350 of arrears when in fact the arrears are only £150?
  3. Circumstances now are that I contacted them and told them I would pay on the 29th of this month. They agreed but said they would go ahead with the court action in any case and have the warrant in hand then if I failed to pay. I intend to pay on the 29th but I need to know; 1. Do I have to pay the full amount of the claim? As I said it's £150 for usage and another £200 for a security deposit 2. Do I need to pay up to the current date, or do I just need to pay the sum outstanding on their initial claim? 3. Is there anywhere I can check to find out if they actually went ahead and got the warrant? Thank you soooo much!
  4. Hi all, I have been taken to court by the utility warehouse for gas and electricity and it is being dealt with by Grosvenor Legal Services (Bailiffs). The breakdown of the debt they are chasing is: Gas/elect: £150 Deposit: £200 I understand that they can chase for the money outstanding for the actual usage, but can they claim for the deposit of £200? This is the deposit they asked for when I moved into the property and I have never agreed to pay. Surely it's not an actual 'debt' thus not subject to any recovery action?? Help please!
  5. Absolutely, I'm just trying to find a way to limit my damage and if I'm reading it right it becomes part of the contract so I can rely on it when defending their claim for over 17k
  6. No I haven't but it's not saying "if you take remedial action as above" then that's what happens. They say if you FAIL to take the remedial action, this is what you will owe. Do you see what I mean? Shall I upload a copy? I'm not reading it wrong am I?
  7. But that's not what it says, it says "IF you fail to take the remedial action..."?? - Ignore me, I think I see what you mean now They've also included their 'charges' in the default notice
  8. thank you! Another question if you don't mind? Sorry about this! They are saying that the default notice was the termination notice. In the sale agreement though it says this: "On or after the occurrence of an Event of Default we shall be entitled (subject to the consumer credit act 1971), and after serving a default notice, at our option to terminate the agreement." Should they not have sent me a separate default notice then? This is what is says in the default notice: "If you do not take the action required by this notice before the date shown then the further action set out below may be taken against you: Further action: on or after the date shown for payment of arrears: * we will terminate the agreement with immediate effect; * we will enforce our rights to recover possession of the goods and our rights to payment under the terms of the agreement; and * we may register a default with the credit reference agencies to which we subscribe." My emphasis on the 'may'. To me this says this is a possible course of action, not a definitive one. Shouldn't they have told me they were going to terminate? Also this: "If you fail to take the remedial action by the date shown above you will be liable to pay us the balance outstanding under the agreement of £17,9913.36 less a rebate of £5,101.84 (which will reduce if you do not pay by the date shown above), to give a net amount payable by you of £12,889.52 (which will increase if the rebate reduces.) We will deduct from this amount payable any net proceeds we receive from the sale of the repossessed goods." But then in the court papers there is no mention of this rebate?????
  9. Thank you theoldrouge, If I apply for one of them, should I do it now or ask for one in my defence form? Also, does this in effect them re-instate the agreement? I have also emailed them asking for a copy of the default notice and a full statement including any charges they have applied
  10. Hi all, I have a court hearing with money barn in 3 weeks where they are seeking a return of a car I have on finance with them. Firstly, hands up, entirely my own fault. Circumstances are this. I haven't yet paid a third. In february I got into financial difficulty and instead of discussing it with them I did a fine impression of an ostrich and ignored all their letters. One of them was a termination notice, that much I do remember, and it followed all the others into the bin. (No, I'm not sure what I hoped to achieve by that either.) I then got a letter stating that they had passed it to their repo company who would be in touch. I heard nothing then until I got this pack from the court telling me of the court date. They are seeking: - the full finance amount outstanding, including all the interest that would have been payable under the 5 year contract (even though it's just over 2 years) - compensation - the return of the car I contacted them via email, apologised, explained about being poorly and told them that I would be able to bring the account fully up to date on the 29th of November. They declined. Is there anything I can do? I think they're taking the a bit wanting all the money AND the car? I have to fill in a defence form and was thinking about saying that they can have the car and the outstanding finance LESS the book value of the car. Any suggestions?
  11. Hi all, I'm hoping someone with knowledge can help. UH are applying for a warrant to enter and fit a prepayment meter. The amount I owe is 349.65. This includes £200 security deposit. Ive got a bit behind but will be able to pay the actual 149.65 I owe next week. They are saying they wont accept that and will pursue the applucation on the basis that I still owe them 200.00. Can they do this? They were the supplier when i moved in and i told them I'd be happy to pay by dd but they wouldn't accept. Legally, is this 200 even a debt?? Thank you!
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