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leeroy2017

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  1. £34 compensation, the main complaint was that at no point did they cease collections activity whilst my complaint was in progress, even when it was at the ombudsman court letters and debt collectors will still harassing me i dont mind paying what i owe, the ombudsman hit them pretty hard for their dead lock letter mistakes and ordered more compensation to be paid to me whats annoying me is that they will not mitigate this and call it back from the courts and come up with a settlement figure for me and let me pay it off in instalments, i can afford to pay it in full, i just don't believe it should be the full amount i cant find the particulars of the claim either does anyone know if i went to court, could the judge order a lower amount be paid due to all the errors? the fact that they never stopped collections activity while the complaint was in progress must also hold some weight? this was never dealt with by the ombudsman
  2. i have done one sar in the past and have it, but clearly more things have come to light since then so maybe worth doing another sar and no i don not have any actual readings, im disabled strugle to get out of the house etc, thats why when i left shell energy, one of the things i did was sign up to smart meter so i dont have to go out the house to get to the meter i only became disabled 4 years ago, as they did actulay wipe the debt by 50% im inclined to pay the remaing 600 and odd and just get it over with i can sleep up to 17 hours a day, basicaly confined to my sofa, im looking at the easy quickest way out of this now its established i cant rely on the dead lock letter, if i can avoid the court fees and interest id pay the amount now.
  3. ok, could you please take a look at post 5 yes we at directions for exchange, i cant do pdf, last court letter states amoungs other things !the parties myst provide to the court and to the other parties by 4pm december 22 ... witness statements etc etc
  4. hi yes im at that 5 day thing is there anyway i could pay the amount i owe, minus all there fees before it gets to court, what would happen if i was to log into to the energy account and pay that balance in full right now? i only never paid them cos of the deadlock letter, which stated i didnt owe them any thing, now its come to light i would pay it, i just feel the balance should reduced a little due to their mistakes im not aware if the fees are legally binding at this point, if i know i can escape court and the fees id pay the debt off in full, even though its all based on estimated meter readings, this is just one big mess thank you for helping, what further advice would you give based on what ive just said above? no date set yet for apperance
  5. Name of the Claimant ? shell energy Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. cant find the very first letter from the courts, i responded to money claim online with my defence, due to disability's i have forgot the password to log back in, and cant find the claim pack that contain the original passwords to first log in i know that i had the claim transferred to my local court, court letter was 24th novemember - notice of allocation to the small claims track (hearing) Particulars of Claim What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. energy debt What is the total value of the claim? £650 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? no When did you enter into the original agreement before or after April 2007 ? no Do you recall how you entered into the agreement...On line /In branch/By post ? no Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? no 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. not the original creditor, shell energy took over the company that i allegedly owe the money to, think it was 1st utility Were you aware the account had been assigned – did you receive a Notice of Assignment? not sure Did you receive a Default Notice from the original creditor? not sure Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? not sure Why did you cease payments? not sure What was the date of your last payment? not sure Was there a dispute with the original creditor that remains unresolved? yes - the legality of the dead lock letter Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no this is what shell have just sent me in email, confirming mistakes were made it the final response / deadlock letter, they are only telling me this now, 6 months after the deadlock letter was sent to me and long after court action started please is the actual deadlock letter binding, or can they just noll and void it like this? Thank you for taking the time to speak with me this evening regarding your account. As agreed, I am emailing you with the details of what was discussed during our phone call so you have a copy in writing. I advised that you previously had an account with Shell Energy (formerly First Utility) for property and this has an outstanding debit balance of £187.24. However, due to the age of the account and when the invoice was produced on this account, this balance is being cleared. This balance will be cleared within 10 working days and the account will be closed at a zero balance. In regards to account I advised that back billing credit of £630.45 that was applied in April 2020 was applied in error and was later withdrawn. I explained that the reason it was applied in error is because the back billing period this amount was calculated for, is the same period that the back billing was previously calculated for and a credit applied to the account in February 2017, with the amount of £1192.32 being applied to the energy account. I advised that at the time the deadlock letter was written, the information within this letter was accurate based on the account at that point. After receiving the deadlock letter, you then escalated your case to the Ombudsman. It was at this point, an agent investigated your case and realised that the back billing credit of £630.45 was applied in error. This was addressed within the Ombudsman's findings in writing and they confirmed that the £630.45 was an error and it is correct in being removed, leaving the account balance at £644.48 which is valid and liable to be paid. I appreciate that you have advised the Ombudsman case is null and void as you did not accept their decision and you are right in saying that the actual final decision that they issued was non-binding upon Shell Energy. However, this does not change the outcome of their findings or the fact that the back billing credit of £630.45 was not due to the account. You queried if our call was recorded as you would need it for a judge, to which I confirmed it was recorded. If you want me to raise a SAR for a copy of this call recording, please do not hesitate to reply directly to this email and let me know and I can arrange this for you. I advised that as your case has now been escalated to Shakespeare, legal fees have now been incurred. I advised of the breakdown of these fees: Legal representative cost £70 , Court fee £60 and interest £146.06. I also confirmed that these legal fees were on top of the account debit balance, resulting in an overall balance of £920.54. As discussed, due to the case now being with Shakespeare, I am unable to offer any settlement figure internally. However, I can arrange for Shakespeare to call you directly to discuss your account and options available. You queried if they would be able offer/discuss a settlement figure/payment plan, to which I confirmed that I could not comment on this as I do not know their process, however they will be able to discuss the options in more detail with you directly. As agreed, I will arrange for Shakespeare to call you tomorrow; Friday 27th November 2020. If they are unable to get hold of you, they should be able to leave a voicemail for you. During our call, you also queried who would appear in court to represent Shell, whether it would be a member of staff directly from Shell or whether it would be a representative from Shakespeare on our behalf. I have gone away and spoken to our legal team who have confirmed that it would be Shakespeare who would lead with a representative on behalf of Shell. I hope the information in this email clarifies our position. As advised within our phone call, I am genuinely sorry for the shortfalls you have experienced and I fully appreciate the frustration this has caused. As above, if you would like to request a copy of our call recoding from today, please not hesitate to let me know and I can raise a SAR for this. You can reply directly to this email or you can call on 0330 094 9158. Our lines are open Monday to Friday, 9:00am to 6:00pm. Please note that my working days are Wednesday to Friday each week. Yours sincerely,
  6. this is in court process now please help shell energy, i have had numerous complaints over these people with a debt 1. went through complaints process, in their final response letter, they say that i dont owe them a penny and in fact they owe me money (they originally stated i owed them over £1000 before the complaint was looked into) 2, i believed they owed me a little more compensation then they were offering i took them to the ombudsman, during this process it turned out an error was made by shell energy, and the dead lock letter contained numerous mistakes and it turned out that after all i did owe shell energy around £600, i did not agree with the ombudsman, i didnt reply to them their findings became irrelevant and became non binding 3. shell then started court action against me to reclaim the amount they say i owe (this is all besed on estimate reading) 4. ive tried all ways to try and stop this going to court, ive just come off the phone from someone high level at shell (they say call recorded and they putting this in writing) the person at shell offered numerous apologies , told me that when the deadlock letter was sent it was correct, they then discovered during the ombudsman case that the dead lock letter contained mistakes (their mistakes not mine) and that they should not of applied the credits to my account that they did, she said that unfortunately its in the court system and cant be stopped, they have told me that they will get their debt collection people that are handling the court case to call me and try to get me some settlement figure before it goes to court to try and stop it going to court, shell fully admit their error, they state at fact that when the deadlock letter was sent to me the info in it was correct, and that at that point they had wiped the balance in full and they owed me around £40, they have now gone back on this and state i do owe money, at no point have shell ever sent me a letter apologising for this mistake. 5 what I'm trying to find out is should i accept a settlement figure, or should i hold my nerve, actually go to court and rely solely on the deadlock letter, i guess what im asking is is the deadlock letter / final response letter legally binding? because if it is then i do not owe shell a penny, or are they allowed to simply rip that dead lock letter up and say its now actually incorrect and i do indeed owe them money i have around 5 days left to supply the court any further evidence i wish to give them (copy of the deadlock letter ect ect) please help me on this id be ever so grateful , i need to know is this deadlock letter legally binding regards to you all
  7. cheers nimrod, deffo coming from front of car, and now you mention it it could be timing chain related, i think its transmission, i can make the car make the sound every time i push the clutch in dont worry im in one hell of a position protection wise, and bought the car from "high end" dealer etc, so no worry bout not getting money back etc, but as above im gona try and come out of this with new gear box etc if thats whats wrong, ill hjave a much better ider of play once the car goes into garage on wedensday.
  8. will you confirm something, ive tried to find it again but i cant. can waiting for a booked appointment and the time they have the car be added on to the 30 day cra?, ie they have it booked in now in there system to collect the car on Wednesday next week, booked in on Thursday 13th ? thank you for taking a interest.
  9. they are yes, but if i get new gearbox from the factory that is kinda perfect, if its clutch etc - it will all be fixed, give me one hell of a road worthy car. the first sign of messing about by anyone dealing with this / sold me this car then you can bet your bottom dollar every protection tool at my disposal will be used trust me im [removed], guess what they tried to tell me at this second vaux garage??? tried to tell me it was my seat rattling! he honestly tried to convince me of this, untill i said right move over ill get in and drive, lowered the windows began to drive with car producing these noises - i didnt hear that he said, take us back to the garage this is not normal - i kid you not
  10. but dx i want this spec, theres only 5 for sale in the country at moment.
  11. also have full protection of credit cards
  12. going to play this by mine and the various protection laws etc i have available to me at the moment: im still within first 30 days cra i have the network q exchange guarantee first 30 days manufacture warranty network q warranty another vaux garage say something is wrong, they want the car in for a few days, they have not diganosed anything but they belive its transmission, gearbox, clutch kinda problem i see this in a good way because these parts if faulty are going to be exchanged (and no they wont be putting any gear box in it thats recon or used) - car was clearly faulty when i bought it with under 5k miles i only want this make / spec of car. if i exchange it i could end up with another car with problems, if i took the refund option id simply buy the same spec of car anyway vaux head office is already involved, little do they know calling to discuss this is about to cease and everything from now on will be done via email, same for the dealership i bought it from. lets hope the faulty part willl be replaced
  13. can someone advise? yet again they are saying this noise is normal, however its making the same noise when not using the clutch.
  14. you do not need to use genuine vauxhall parts this is even stated on their website and if the car was bought new or used in 2014 - used as in you bought it when it was under 1 year old it has a 3 year vaux warranty as standard or 60000miles what ever comes first
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