Jump to content
  • Tweets

  • Posts

    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
    • why not simply tell you supplier they have the wrong meter number you been paying for usage , and ofcourse you can view this online too so its not as if you'll owe anything you might get a nice surprise and find you are owed a refund.
    • The world of ballroom dancing went online to cope with the pandemic restrictions, but what does the future hold? View the full article
    • I would add, many companies have done everything possible to manage and carry on in difficult Covid19 circumstances to supply customers with what they need.   Continually making excuses for delays is not what I'd want from an installer and maybe the £100 deposit is not so important.   Get this deposit back if you can but, more importantly, find a local installer recommended by family or friends to carry out the works.
    • Hello all,   I hope you can assist me, as I am quite lost and confused at the moment.   Two years ago I moved to my actual flat. Throughout this time I have been with EDF first and now EON. When I moved in, my landlord didn't quite know which one was my meter and I picked the one that I believed was mine (now reading you I know I should have done a burner test..). During this time, I have been paying my bills and submitting the numbers that I believed mine, which actually agreed with my consuming patterns.   Today, all the meters appeared with numbers, but the one next to the one that I was using, which appeared with a different flat number. As you might have guessed, none of them had my flat number. I have just made the test and it looks like that one may be mine.   Now, how should I proceed? I have been paying bills is not like I wanted to avoid paying, but clearly there has been an issue. Could you please advice me on how to proceed?   Lastly, in terms of meter serial number, the one that I was using matches my bill and I guess my neighbor bill. The additional doubt I have is, who is paying for my meter and why are they still providing me with gas if no one is paying the one that seems to be my real meter.   Many thanks!    
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Stay Hearing


Please note that this topic has not had any new posts for the last 4759 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I'm sure I'm being a bit thick but have been going through as many relevant threads to stay hearings and can't find any arguments relevent to my case. The judge has ordered the stay it was not requested by DG Solicitors although they informed me that they intended to apply. Can I still use the arguments regarding CPR 3.3 and 3.9 in this instance? If it is helpful to gain advice I will copy details of order to have relevent info. In the letter I submitted regarding appeal against stay I included witness statement OFT particulars and a sample of claims.:?

Link to post
Share on other sites

I have also seen some reference to the london case what is this and how would I be able to get a copy?

Thanks for help and support only got 1 day before court hearing.

Link to post
Share on other sites

mel were you give any directions? had you been given a court date? had DG missed any court deadlines?............

 

I have some arguements for those 2 sections but it depends on the answers to the questions I have just asked............

 

I think I knwo the case you are on about and it is only relevant if there is clear proof of "abuse of process" I need the sanwers before I know if oyu would be able to use it................

 

Auders

rockin all over the world

Link to post
Share on other sites

original court date was for small claims track hearing. I needed to have court bundle in by 6th sept (which i did) DG should have sent theirs in by 20th Sept (they did not). on the 22nd sept applied for judgement (no response), on the 26th sept had general form of judgement or order.

 

"Before district judge etc......

 

Upon reading the court file

It is ordered that appearing that the proceedings have been bought by OFT etc......

And upon this case having been listed for a hearing eith a time estimate which ios clearly insufficient fo the case to be heard

And upon the parties having had no opportunity to make representations with regard to the question of a stay

It is ordered that

1. The claim is stayed until further order to await the final determination including ( for the avoiodance of doubt) any appeal of the test case.

2. Either party mey apply upon not less than 7 days written notice to lift the stay.

3. This claim shall be struck out at 4pm on 31st December 2008 unless by then an application to lift or extend the stay has been recieved by the court.

4. This order will come into effect at 4pm on 8th Oct unless by then the court has recieved written representations from any party seeking that the claim proceed to trial.

5. any such representations must be copied to the other party.

6. If any such representations are made the issue of a stay will be further considered at the listed hearing.

I sent my witness statement in support of application to lift order of stay to courts and DG on 27th September.

Have not had any correspondance but called courts yesterday and was told my case was still listed for thursday.

 

Is this the info you need or do you want my original dirrections as well?

 

thanks;)

Link to post
Share on other sites

The original directions for claim. Hearing date 11/10/07 11.00am

1. This case is one of a number listed at the same time. Both parties must be ready for trial at that time. Depending on the number of cases proceeding on that date, the judge will give directions as to the order in which they will be heard, which may involve grouping cases raising similar issues and/or adjourning some cases to a later date.

2. The claimant shall by the 6th September send to the defendant and to the court:-

a. A schedule setting out each charge the claimant seeks to recover showing the date, amount and reason give (if any) for that charge being made.

b. A secure bundle of copy bank statements or other documents relied upon as showing that each and every charge has been made, with each page numbered.

c. A statement of evidence of all matters relied upon as showing that the charges are irrecoverable as penalties or otherwise.

d. Copies of decided cases and other legal material to be relied upon.

In default the claim shall stand struck out without further order.

3. The defe4ndant shall by the 20th september send to the claimant and to the court a response to the claimants schedule stating in respect of each item claimed.

a. Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon.

b. Whether such a charge is accepted to be a penalty, and if not why not.

c. If such a charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is treated as a breach of contract between the parties). all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

d. If such charge is not alleged to be a pre-estimate of the defendants loss incurred by the claimants actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculatted and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

e. Any witness statements.

f. Copies of decided cases and other legal materials to be relied upon.

In default, the defence shall stand struck out without further order and the claimant may obtain judgement with costs by filling a request for judgement.

4. The parties must notify the courts forthwith if there are any issues of law or fact which may affect the track or time estimate for the hearing. any such issues must be clearly and fully defined.

5. The court must be informed immediately if the case is settled by agreement before the hearing date.

6. setting aside etc order of courts own motion

Any party affected by this order may apply to the court to have it set aside, varied or stayed. Such application must be made in accordance with CPR Part 23 within 7 days of service of this order.

Date: 13th August 2007.

I think this is now a very full overview of my case.

Link to post
Share on other sites

in light of the unfortunate events today with AGE I understand she feels unable to give advice although I am sure it was awkward judge not her advice but please could someone look at my case as I now feel completely unarmed for my hearing tomorrow morning. Thank you

Link to post
Share on other sites
in light of the unfortunate events today with AGE I understand she feels unable to give advice although I am sure it was awkward judge not her advice but please could someone look at my case as I now feel completely unarmed for my hearing tomorrow morning. Thank you

 

I fully appreciate what you are saying, but you will not be unarmed. If you have done the bundle and understood its contents then you are already partly there. You have the issue that you followed directions the they did not. This is a major plus on your side. Did you prepare the "objections to a stay" letters? See Zootscoots mail on this in the bank Letters templates. This should be a start.

 

Unfortunately in the current climate be prepared for a stay and then having to appeal it...By the way have you still got the HSBC account and are they still pursuing you? Or have you a default or any other proof HSBC are pursuing you for anything?

 

Penfold

Penfold

(feel free to click the scales on the left if I said something that helps)

Due to recent issues I have had....

All posts written by me and involving my opinions and written without any legal knowledge are....

Without Prejudice

Link to post
Share on other sites

my hearing tomorrow is to appeal against the stay that has ben placed by the court, I am pursueing for 2 accounts both of which are still active and currently in agreed overdraft limit. I have drafted witness statement of which i have already sent copies to both court and DG.

Link to post
Share on other sites
my hearing tomorrow is to appeal against the stay that has ben placed by the court, I am pursueing for 2 accounts both of which are still active and currently in agreed overdraft limit. I have drafted witness statement of which i have already sent copies to both court and DG.

 

Have you done this:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html

 

This is the core, but you must be ready for what DG may come up with and the best thing you can do right now is read Auds, Castlebest etc's posts and see what the judge and DG came up and be fluent and ready. Luckily I have a telephone hearing so I will have everything laid out and hopefully will be able to make sense...

 

Who knows,

 

Penfold

Penfold

(feel free to click the scales on the left if I said something that helps)

Due to recent issues I have had....

All posts written by me and involving my opinions and written without any legal knowledge are....

Without Prejudice

Link to post
Share on other sites

Read up about the CPR's in particular as your main arguement is in there... DG have breached the Courts specific directions (according to what you wrote above) this is perhalps your key and trump card. Save it for last...

 

Penfold

Penfold

(feel free to click the scales on the left if I said something that helps)

Due to recent issues I have had....

All posts written by me and involving my opinions and written without any legal knowledge are....

Without Prejudice

Link to post
Share on other sites

I have done a copy of the stay bundle but havent sent one to either courts or DG

should i take copies for them tomorrow?

Am i right that I am unable to use CPR 3.3 (5) and 3.9 as the courts have applied the stay not HSBC.

Leaving me only with my arguement being that I requested judgement on 22nd September due to the defendant not issueing their court bundle by the 20th September as dirrected by the court. The order for stay was dated 26th September?

Link to post
Share on other sites

I think I will need luck head spinning don't know what Im ging to hacve to face and just need to hope can argue my case once their as am having difficulty relating anybody elses advice to my particular case. One just never knows what could happen on the day am just going to make over-riding objection being that judgement should have already been granted prior to stay being imposed.

Link to post
Share on other sites

Good luck for today melsteph. Before you go have a quick skim through your paperwork to refresh your mind.

 

Best of luck..:) .

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

Thank you, am starting to read through documents again. I still havent presented any docs to court or DG I just sent Witness statement to support application to lift order of stay, OFT's particulars of claim and settled cases sample. Would I need to take with me a copy for court and DG of other docs in my bundle ie. Human rights act 1998, CPR Part 1 & 3, BBC transcript OFT may compromise on bank case. In which case should i number and index them as I did with original court bundle?

Link to post
Share on other sites

I would take a copy for DG and a copy for the judge. Also do the numbering thing and index page.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

Good luck. My fingers and everything else will be crossed for you.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

Good luck steph! As you say it really does depend on the Judges view so lets hope yours has some backbone and common sense!

Loads of luck!:)

[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

Help the CAG!!

Make a donation

 

ARE YOU A VICTIM OF COWBOY BUILDERS?

 

Has your RBS account been transferred to Santander?

 

Forum rules. Please read these before posting

 

PLEASE CHECK OUT THE CAG LIBRARY!! IT HAS LOADS OF USEFUL STUFF IN THERE. CLICK HERE

Link to post
Share on other sites

Hi Steph,

 

How did it go?

 

Penfold

Penfold

(feel free to click the scales on the left if I said something that helps)

Due to recent issues I have had....

All posts written by me and involving my opinions and written without any legal knowledge are....

Without Prejudice

Link to post
Share on other sites

The stay remains in place, but I do have to say that all in all was not that bad an outcome.

The solicitor from Dg approached as soon as he heard I was there to inform me he was going to apply for a stay in this claim. When I asked why he looked really happy and proceeded to inform me about OFT test case. I pointed out I knew all of this but a stay had already been imposed by the court it self 3 days ago and that I was present to appeal this stay, I can only say Gobsmaked!!!!!!

We went into chambers Judge very nice went through appeal etc. I then pointed out that as I entered Judgement 4 days before notice of stay due to the defendant not following dirrections of order that I felt the stay unfair and should be lifted to allow Judgement by default.

This is where it went wrong the request for judgement I had already submitted was the incorrect format as it covered no initial defence not compliance with court order, because of this no judgement could be granted, and the stay could not be lifted on these grounds.

A quick heads up though DG are basing arguements for a stay to remain in place on four cases that had gone to appeal at canterbry court on 28th September 2 lloyds, 1 barclays and i think abbey where the judge through out all appeals on varying grounds.

The judge asked why they had not sent a response to my schedule the excuse was with the OFT case being the same as all single cases would not of had time to collect information. got a bit of a tell of about flaunting orders with out notification to court.

Sorry its a bit gloomy but still earning the intrest daily

Link to post
Share on other sites

Well done melsteph. You did well, and as you have said, the interest is still accruing. :D

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...