Hi Martin i am getting confused myself now lol!! your right i meant the 7th Aug,

I agree 42man. That was why i had difficulty writting my defence. this is the second time they have failed to provide me with information. they failed with my SAR!! i sent my request and the fee, when they failed to provide me with it i made an application to the court to have the case struck out which was why we had the hearing. The judge dismissed my claim and said what I needed was a statement of account from inception of account yet they only provided me with bills covering this last year which doesn't help me as i need the information from 2005 when the installed a prepayment meter and removed it in 2006.

I am now hoping the judge will see how evasive they are being and dismiss there claim!! do you think that is reasonable.

Pen

called the court this morning and what i have recieved was a written copy of the order made on the 7th September, so i will just have to see what the court has to say to my defence. however considering SP has not complied with the order it would be nice if the judge did strik out there claim on the grounds that they are wasting time and still not providing me with the information i need to prove my case!!! sorry for the mad panic guys x

Hi Martian and 42man.

sorry I have been to ill with worry to come back on site, now i have calmed down lol!!

the letter was dated the 4th September but looking at the very bottom it is dated 7th August. This was the date we went to court and the judge made the order,

is what i have recived just a copy of what was ordered on the 7th Aug???? if so why have they waited till now to send it!!! I did write the order down whilst i was in the court room only because i take so much morphine each day that my memory is now in shatters!! I hope so i will call the court tomorrow. So all may not be lost is that why your saying ???? could it be because i was a day late producing my defence????

Martin your question here:

-"I have received a copy of all my bills form 02/07 to the current date.

however that's all they have sent me as a statement of account . is this what the court would be expecting???"

no the wording for this is

the claimant shall file at court and send a copy to the defendant of all statement f account showing all credits and debits since inception of the account to the date of issue of proceedings by 4pm on the 21st August 2009.

By this I gathered the court wanted all bills and payments from the day my account started with SP in 2003. That was what i was expecting! they have only sent a copy of all bills from feb 07 to current date. Their mistakes took place when they installed the pre payment meter which was installed in 05 and removed in 06. they have not provided the court or me anything which relates to the PPM. hence i could not put together the defence!!

Is the onus on me to prove i don't owe them this money or is it on them to prove i do.??? if they do not provide me with the information how do i prove my case.

I will be back on line when i have spoken to the court in the morning, Fingers crossed, thanks guys

Pen

Ohh I just don't believe it!!!

we sent our defence,on the lines of what 42 man suggested as I thought it was very good basically saying that the claimants have not sent us the information for us to defend our case. we also sent a copy of the code of practice stating that SP had signed up to the agreement of not taking more then payment for the previous bill, we also sent evidence that they had been debiting £10 a week of a debit i had paid through the card meter.

Today we get a letter from the court saying our defence has been struck out as disclosing no grounds for defence!!!! what !!

the claimant shall file at court and send a copy to the defendant of all statement f account showing all credits and debits since inception of the account to the date of issue of proceedings by 4pm on the 21st August 2009.

The Defendant shall file at court and serve on the claimant a defence setting out the grounds on which all or any part of the claim is disputed within 14 days of receipt of the documents in the above paragraph.

In default of filing and service of defence by the date stated the claimant shall be entitled to enter a judgement for the amount claimed and costs.

How could we have lost!!!!! it's like he hasn't even bothered to read it.

pen

thanks!

hi martin, no we didn't agree we were told how much it was being set at. I am writting the statement now. should i make comment to the code of practice whereby i should have only been billed for the first 12 months when i could not find my supplier???

Thanks 42man. thats a great help. I have to have it all writtern and posted tomorrow. we have only just come back of holiday yesterday hence i have not been able to reply sooner.

I do have referance in fact 2 writtern evidence to state that the meter was set to take £5.00 per week of arrears and another one for £11.00. yet all the bills they have sent me are for when the pre paid meter was removed.

Thanks Martain. my supplier is scottish power.

I have received a copy of all my bills form 02/07 to the current date.

however thats all they have sent me as a stament of account . is this what the court would be expecting???

I would have thought the statement of account would have included all the dates i made a card payment, plus any changes to my meter settings. ie additional chargers to cover any arrears but i have none of that.

I now have 14 days to make a defence but again i don't have the information i need to make it so i am back were i started.

can I write to the court requesting more information!!!! instead of submitting a defence.

thanks Martain

Thanbks Martin that will be a great help cheers.

Just hunted out most of my bills.

on the day they put the prepayment meter in and switched my package from a standard package to a prepayment package the cost per unit Wh@P went from 8.200 to 9.864. This seems pretty high, does anyone know if this increase would be the cost of just having a PP meter of would this be the amount per unit they are taken for arrears??? I think i need to understand what my bills are actually telling me lol!!

Thanks Martin, so i need to include the schedule with my defence? to be honest i am not looking at claiming costs just getting this balance wiped out as i assume i will owe them something even if it's only this quarters bill ( they amount they say I owe is the amount to date so I'm unsure if it's included or not ) and if i can do that by adding any chargers they have levied to my account in the form of warrants etc that's what i will do!

Martin, when i get the statement of account and i know more of what i am suppose to owe them if anything! would it be possible if you have the time and don't mind that could help me with my defence please ???

well obviously my supplier thought he was going to win in court last week because their solicitor has sent us a statement of costs and so far it's £1,297 i thought no costs were involved in small claim cases!!! martin can they claim this?? also with regards whether i should go for the extra cost of them installing pre paid meter what do you think I should do ??

Thanks Martin

the supplier was given 14 days from the 7/8/09 to supply a statement of account, we have 14 days from the date we receive it to lodge a defence with the court.

I agree with you that we needed our SAR to put together a defence but! since they would not provide it we used their non-compliance as our reason to have the case struck out! we cannot be expected to take what they say we owe them without proof can we!! but the judge disagreed with the need for SAR stating that the burden of proof was on the supplier not on us. but without the SAR are we still able to defend our case.

A statement of account should show everything connected with our account which is what we need but!!! it will not show that they tried to deceive us in claiming they had a warrant ( applying for a warrant and having it dismissed was not even included in their defence) nor all the other underhanded tricks they used.

thanks Kia! it's not worth me writting a letter to them since i am now in the court with it what i think i need to do is include it within my defence and hope the judge agrees.

is there anyone out there lol!!!!!!

I am in the court arena at the moment with my electric supplier. And in my experience it is pointless seeking legal action for SAR.

To cut a long story short, for many years i could not find out who my supplier was because since buying my house i have never received a bill despite all my endeavors to find out who my supplier was as i wrote to them all asking if was their customer. They all wrote back saying no.

Then out of the blue I received a bill for £2,500 from one of the companies who had wrote to me denying i was their customer. They told me i needed to pay in full or they would get a get a warrant to install a pre payment meter.

Whilst i was arguing the amount they claimed I owed I received a letter from them stating they were going to apply for a warrant to install a pre payment meter. So I paid the bill in full but by this time they had gotten the warrant and would not cancel the meter as it had been ordered and set to recover £10 a week.

When i eventually got it removed a year later the bloke who removed it said the meter was showing a credit of £1000 we had forgotten about it taking £10 a week off a bill I had paid in full! but could i get this money back, no chance so i refused to pay another bill until it was sorted.

They tried to get another warrant but this time I defended my case and the judge throw their request out, however 7 days later my supplier still wrote to me stating they had obtained a warrant which was totally a lie.

I wrote to the supplier requesting my SAR but they only sent me half of it.

Whilst this dispute over my bill was going on they filed in another court for the amount they are now saying i owe them which is £1,200 which is where we stand now.

I filed and asked for the case to be struck out because of non compliance with my SAR request since i could not say how much i owed them if anything. but at a hearing last Friday the magistrate said that none compliance with SAR is not a reason for striking out their claim as the supplier does not keep information of a personal nature. Instead he has ordered my supplier to supply the court and I with a statement of account within 14 days, from which i then have 14 days to file my defence.

Sooooo I know need to write a defence and would like to know other then the over payment what else i could include.?????

Could i include the higher cost of fuel due to being forced to use a prepayment meter???? if so how would I work out the higher cost i paid and how would i word it in my defence???? is it worth a try since no one else has maybe this is the perfect opportunity to try it out what do other members think???? would it be fair since i was only on a PP meter for 12 months to calculate the difference in the previous years bill taking into account a percentage for annual increases to determine how much i was overcharged.??? just a thought.

Would I have been charged court costs for the warrant they tried to get and failed ?????? and since i had to stay at home to make sure they didn't (as my meter is outside could i claim) should i include the letter they wrote stating the had obtained one as it is purely deception on their part.

would there have been any other hidden chargers do you think ????

sorry it was not a short story after all was it! but i could really do with some help on writing my defence and on what to include in it and i would be more then happy to act as a a guinea pig to try out the higher costs involved with a pre payment meter in court arena to see what reception it would receive.

thanks guy's

Pen

PS with regards the SAR, the magistrate read out a paragraph from the DPA, i can't remember the full wording but basically the judge was saying there would be nothing on their files that could cause me any financial harm. although i disagree and stated that under the act they have to provide me with any details they have on me and since they are trying to get a judgment against me which would cause me harm if they won!! the judge was having none of it. he said my data information would not help my case but a statement of account may.

Whent to court and the magistrate has ordered SP to provide both the court and me with a statement of account within 14 days. patrickq is that the CCA CPR31.16 you mentioned???

I also have to write a defence on why i feel i don't owe them the money there asking for.

In my defence, is there anything else i can write about????? for instance would I have been charged court costs when they tried and failed to get the warrant and would that have been added to my bill ????

does a pre payment meter have additional costs ie installation etc i can claim back?? I read something about the EU saying we should not be paying more for electricity just because of PP meters, how would i work out just how much over the odds i did pay.????

Also I don't understand what Pelham is saying about only having to pay for the previous 12 months, where can i find out more about this, as i thought any money owed is collect able up to 6 years after!!!

thanks guys!

Thanks Crem,

I believe no one can put wheel clamps on my car but don't know about towing it away. In theory the car does not belong to me so don't know how they can remove it. lets hope i can appeal and someone comes forward to tell me how.

Hi can some one offer me any advice please.

Sometime again i got a parking. ticket which i should not have got as i was legaly parked and my blue badge was displayed in the car window for everyone to see.

However I meant to call the council and explain to them that the officer had made a mistake only i forgot. I never received any communication regarding the parking fine so i assumed that nothing was comming of it, howere today i recived a letter from a Bailiff company called Equita. Stating a warrent had been issued and that I had to pay 122.88 or they will remove my car. I explained what had happend and said if i had realised i needed to go to court i would have to fight it. they were extremly rude and said i had to pay up or they will call and remove it. They said if i had a problem with that i should call the council which i did. The council said the debt was sold to Equita so it's nothing to do with them.

I asked Equata if i could apple to the court to get the warrent overturned because i did not know about the hearing and was told NO!!! what can i do if anything, can they remove my car even though it's a motability car.

thanks

pen

wow Patrick. I was really hoping you would reply but did not for one minute think you would be so quick thank you. Do you not think that i make an application to the court to have the case struck out or stayed until the producee this information. should i do this on a form N244 or should i just write a letter what do you think x sorry I meant to add that they have had ample time already to produce my SAR

Hi Guy's sorry I still need your help as this is still carrying on.

What has happened since my last post.

Well I refused to pay because in my opinion they owed me money not me owe them. But everytime i got a bill they would not allow me to pay it unless i paid the amount they said i owed first and if i did pay then they would just deduct the money and the new bill would still be outstanding. Sooooo I have been puting the bill payments into a savings account until this problem is sorted out. But now they are taking me to court for 2,800. I agree I owe around 1,300 and i have the money to pay that in my savings acount but not the 2,800 so I am now fighting this in court. I have sent in my defence plus a counter claime for the money the owe me plus for none compliance with my SAR request since they only sent my some details not all of them and especialy not the ones which shows my card payments.

However since i did not put an amount that i wish to counter claime. I left this blank for the court to decide. I was sent a letter from the court asking me to pay £1000 plus. no way could i aford this so I have cancelled my counter claime and just defending my case.

Today I received a letter from Drydens scottish powers solicitor with a copy of an application notice which they have issued with the court. This notice is basically asking the court to make a judgement in their favor staing i don't have a leg to stand on in winning my case so I need desprite help in what to do next!!!

Do I have to issue a application notice???

Can I ask for a stay in proccedings????

any ideas please. my bill is growing and growing all the time. currently it stands at 3, 500.

I look forward to hearing your replies and hope someone can give me some anwsers.

Just out of interest i thought they could not issue legal proccedings in there was a dispute.

Letter from Lloyd's solicitors, there are now taking me to court fro return of bank chargers totaling £320. They wish lol!!!!

Hi Mr Shed.

my son and his friends all got only half of their deposits back.I think it comes up to £1,200 he has taken from them for cleaning which is totally ridiculous as i had helped them tidy the place when we helped them packed up. He is also claiming for a cigarette burn on 2 bedroom carpets which wee already there. we have a video of the property which we made them take when they moved in of all the damaged items ie carpet burns etc.

Can the lads sue for this money back and do they need to give notice before action since this was given in the last letter asking for the return of the deposits in full.

Do each student need to make a seperate claim or can one do it for all of them.

hi everyone, my sister made a complaint to social services with regards bad practice towards a young adult she was a paid carer for. she alleged that social services were not doing their job properly and was in fact manipulating this young adult and at times placing her in danger they were also dismissing her rights as a disabled person,

now because of this compliant they are putting my sister under investigation although they will not admit to that.

Her complaint regarding SS is still going on But!!! she is unable to make a complaint about this investigation and how that is being carried out, you can not complain about an investigation until the investigation have been completed.

My sister is unable to get legal aid to fight her case, she has been told she cannot go to the ombudsman until the complaint procedure as been exhaust, but if she cannot make a complaint about it going to the ombudsman will be of no help.

She has lost her job because of them and could now lose her home.

Is there anywhere she can go to for help. she has been to CAB who have said they would not be able to help her. She has been to see a solicitor who agree that she would have a case! but she would have to pay the full costs as she would not be entitled to legal aid, currently she is at her wits end and cannot find anyone who can help her.

I too am an experienced social worker and even I know they are using bad practice with this case, is there a government body who listens to whistle blower's that sort of thing whom she can speak too.

Oh !one last thing, this young adult has no parents but she does have a next of kin, social services are again dismissing the views, wishes and opinions of the next of kin. My sister did get an advocate for this young adult but the social services refused to fund the advocate and employed their own which to me speaks volumes.

Thanks

pen

Wonderful. Thanks Mr Shed, I will send it off by recorded delivery tomorrow,

pen x

Hi Mr Shed they are in all the boys names