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    • The talks come weeks after a controversial visit to Taiwan by US House Speaker Nancy Pelosi.View the full article
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    • In the autumn of 2020, I decided to change energy supplier from British Gas to EDF. This went through with no apparent problem but after approximately two weeks, I received a letter from EDF saying "Sorry you're leaving us". I contacted EDF to say that I was not leaving and was told not to worry about it, that they would resolve it and to carry on with monthly payments to EDF.    Approximately 2 weeks later, I received a text message from EDF to say, "Sorry you're leaving us". I contacted EDF again to say I was not leaving and was again told not to worry and that they would sort it out. Two weeks later I had a third message, "Sorry you're leaving us...". I contacted EDF again, but this time raised a complaint because it was becoming stressful and annoying. I asked them to explain why this kept happening. After some investigation by EDF, I was told that Scottish Power was trying to "erroneously take over" my gas supply. I confirmed that I wanted to remain with EDF and did not want to move to Scottish Power. I was advised to forward any bill sent by Scottish Power to EDF so that they could deal with it, and not pay it. However, I have never received any bill from Scottish Power until July 2022.   I was then contacted again by EDF to say that Scottish Power was trying to take over my supply because my gas meter was registered at my neighbour's address, on the energy suppliers' national database. I requested that EDF change the details for me so that I could remain an EDF customer but was told that only the existing supplier could change the details and that I would have to contact Scottish Power and request that they change the details. I reminded EDF that I had never asked Scottish Power to supply me and that as my current provider, EDF should take on this responsibility, but I was told on a number of occasions that EDF could not do this and that I would have to contact Scottish Power myself.   I have since learned that I should never have been told this. Ofgem states that if a supplier tries to erroneously transfer a supply, the two suppliers involved should communicate with each other to resolve the problem as soon as possible, and not involve the consumer. However, this is where the real problems started. I contacted Scottish Power at least 20 times over the course of 2 months, by email, online chat and telephone and spent a considerable amount of time trying to resolve this issue. The main problem was that Scottish Power refused to discuss it with me because "I did not have an account with Scottish Power". I explained on numerous occasions that I did not want an account with Scottish Power and that I just wanted them to change the location of my gas meter on the national database, but they persistently refused. Scottish Power was generally very poor at contacting me, I was doing most of the running. My neighbour, who is supplied by Scottish Power and has been for many years, said that this has been an issue in the past but Scottish Power has never resolved it. He said that when I asked EDF to take the supply back from Scottish Power, his supply was also erroneously transferred to EDF against his wishes, causing even more problems. During this occasion, Scottish Power compensated my neighbour but still refused to assist me.   I have evidence of some of the correspondence between me and Scottish Power but not all because much was over the phone and on online chat. Each time I contacted Scottish Power a new member of staff dealt with it and so they had to record the same notes each time, considerably lengthening the process. I asked if Scottish Power could allocate someone to own the complaint but because I did not have an account with Scottish Power, this was not an option. After numerous emails to Scottish Power from my neighbour, who was trying to assist with the situation - sending his meter details, my meter details and asking that the database be updated with my address - he was asked to send photos of my meter to Scottish Power. I had already been asked this by Scottish Power and had duly sent them but received no response. My neighbour then forwarded the photos by his email to Scottish Power and they replied asking him to ask me to re-send the photos directly, which I did for a second time. This was the last correspondence I had with Scottish Power about the matter. They did not contact me again.   EDF contacted me to say that they had concluded the matter from their end and requested that they close the complaint, to which I agreed. A meter reader visited sometime after to read both meters and I (naively) assured myself that the details had been changed and that EDF had resumed supply. My bill increased, and my meters were then routinely read by a visiting meter reader every quarter. My last correspondence with Scottish Power was on 9th November 2020, when I emailed the photos of my meter for the second time.   Twenty months later, towards the end of July 2022, I was on holiday with my family. I came home on 13th August to find 6 letters on the doormat from Scottish Power demanding £2134.89 for gas supply. They are addressed to "The Occupier" so they have obviously not referred to my previous correspondence or attempted to ever resolve the initial request to change my details. This is contrary to recommendations made by Ofgem's "Erroneous Transfers" paper produced in 2016. One of the letters even says, "Welcome to your new home" as though they have no knowledge of the correspondence 2 years ago. I have received another bill from Scottish Power today demanding payment and threatening referral to a debt collection agency if it is not paid. The above Ofgem paper states that erroneous takeovers should be dealt with by the two companies concerned and not by the consumer at any stage. But in my case, it has been me doing all the running, all the phoning, emailing, talking online, etc. Neither supplier has really done that much and I believe that EDF should never have told me that I should try and resolve this with Scottish Power; and when I contacted Scottish Power, they should also have taken ownership of the problem jointly with EDF and resolved it directly with EDF.   I have taken legal advice and been advised that as this is a dispute between two energy suppliers rather than between myself and a supplier, it is more appropriate for me to contact both suppliers, summarise past actions undertaken by all parties, and request that the supply be transferred back to my original supplier. This sounds hunky dory but doesn't actually help. Two questions arise in my mind... 1. Do i have to pay the bill at all given that it is addressed to "The occupier"?  2. Should I provide my name in my complaint (not yet sent) or simply refer to myself as "The Occupier"? 2. I know I can refer to back-billing guidance but my instinct tells me I shouldn't have to pay any of this bill because the supply was taken over without my consent, I tried numerous times to resolve it to no effect, and was led to believe that I was then paying for the gas due to the actions of both companies. Does anybody think I have a case here and any suggestions about how to pursue it?   Many thanks if you have managed to read this far. Even more thanks if you have any advice :-)  
    • several other threads here too they will give up  just retail loss scammers, nothing ever goes back to the retailers anyway straight in their pocket straight down the pub!!   just like DCA's.   dont forget your cars v5c!! too   you MUST write to anyone one your credit file or banks etc, esp if you have debts that dont show that you might have last used/paid within say 7 yrs esle you'll get backdoor CCJ's.
    • Our produce is likely to be smaller, odd-looking, or even leathery after the hot, dry weather.View the full article
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Court date on 12th Feb -stay lifted - *WON IN COURT*


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Hi

 

My OH is claiming credit card charges and the case was stayed pending the outcome of the OFT case - he has applied to have the stay lifted and the hearing is on the 12th Feb, anyone any experience of this? what to expect etc..

 

Any help appreciated:)

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Absolutely right. The case should not have been stayed as the test case only refers to bank charges.

 

Some of these posts may help you. http://www.consumeractiongroup.co.uk/forum/guidance-notes/

 

Also see if any of this helps.

 

The Office of Fair Trading: Questions and answers for OFT personal current account work

 

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

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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:D I think there is a court bundle for credit card claims, if you look through templates you will find it. I dont know if you have done one before, they look worse then they are, very logical once you get into them. They just back up your arguments with the relevant acts of parliament etc.
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:rolleyes: well I did one to have my stay lifted on my bank charges claim, judge impressed but it made no difference. Still have to await the outcome of the test case but you should not have had a stay put on a credit card case as they are not involved in the test case at all.
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Stayed c/c claims are somewhat different from bank charges ones, as they shouldn't have happened at all.

 

This is the letter I took with me for my B/card one:

 

 

Case xxxxxxxx

 

Bookie v Barclaycard Plc

 

Dear Judge XXX,

 

I respectfully object to the proposed order of a stay in respect of the claim xxxxxxx Bookie v Barclaycard Plc. I respectfully ask that it be refused on the following grounds:

 

This claim xxxxxxxx is in respect of Charges applied to my credit card account. My claim is notconcerning the recovery of current bank account charges. This claim is therefore not affected by the outcome to the OFT test case and should be allowed to proceed to its natural conclusion through the courts.

 

Credit Card charges differ to current account overdraft charges, insofar as there is a clear breach of contract.

Credit card charges could potentially be decided solely on the “penalty” issue of common law, without reference

to the UTCCR which the OFT case focuses on. Furthermore, as there is a clear breach of contract,

there is no question about whether or not the UTCCR applies as it has been held to apply to default provision

in Director General Fair Trading V First National Bank plc [2002] 1 All ER 97.

 

Yours sincerely

 

All you can do is reiterate that c/c are not affected by the test case, but tbh, if your judge is thick enough to have stayed a c/c case, it means he either doesn't care (some courts blanket stayed regardless) or disagrees, so don't be disheartened if you don't succeed. :-)

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Hi

 

OH won in court the stay was lifted and the judge said that the case would now be listed for hearing

 

YB did not turn up.

 

Thanks for your help Bookworm please can you amend the thread to won in court

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Congratulations.:D

 

Which card was it by the way? I think it may hve been YB but it looks like your thread has gone into the wrong forum.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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hi

sorry but this is new thread i think

 

i have just received an offer from yorkshire bank for approx 30% of my claim for bank charges - i thought these has all been frozen pending the result of the test case - am i wrong?

 

any other claims had similar offers recently

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  • 2 months later...

UPDATE - OH has a full small claims hearing for this on Friday - lasting 1hr 30 mins - we received an offer but declined and have not heard anything since so I assume we are going ahead with the hearing - what do i need to take - any help appreciated ????

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The OFT trial result is being published tomorrow, at 10AM. So.... come on line tomorrow, and we'll be able to help you some more:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Cheers Tom will do - i am in court 10.40 tomorrow for another hearing then this one is 12.30 on Friday so will log on tomorrow afternoon

 

This relates to credit card charges though so may not be relevant

 

Thanks :)

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personally, i think it is still quite relevant... what is your other hearing?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Have you submitted a bundle for court?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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cheque received in full for YB today YEEHAH - Tom I am in court today with Cohens - this is the third visit - they issued a court form i sent the relevant paperwork but they only supplied 2 years worth of statements and the judge ordered i pay what was on the statements which amounted to £95 - i paid that in full then received an order for judgement for 450 - i applied to have it set aside and the hearing is today so will let you know on the other thread the outcome

 

Thanks guys for all your help - saw a cagger on tv this morning (Robert Cummings) talking about the case today :)

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Congratulations...

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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