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    • No I have not. I will probably do that
    • Based on ECP's previous, what will definitely happen is this. They will send more idiotic letters. After they will send a Letter of Claim, and it is essential that your brother replies at this point to this to show them he would be big trouble in court. Next it is highly likely (but not certain) that they will crawl back under their stone and that will be the end of the matter. The slight worry is that if they do do court it will seem a likely story to a judge that your brother has no connection to the ticket, when it was him who appealed and replied to the Letter of Claim.  Indeed I think it would seem the lot of you were playing games with ECP and with the court by getting unconnected people involved and then later deny they were involved. So be aware there is that slight risk. You talked about "a mess" in your first post, and you weren't wrong. Someone hires a car and gets a ticket.  There is an appeal.  Who appeals, the hirer?  No, the hirer's mate's son.  Obvious! There is an approach for help to a consumer website.  By the hirer?  No, by the hirer's mate's son's brother! This is so damn silly and totally avoidable. Anyway, it seems the decision has been made for your brother to carry the can so whatever consequences will ensue will ensue. 
    • Doc 04-19-2024 11-01-51-merged-compressed.pdf good morning.    9 pages attached.    thank you  UCM
    • Hi I was being supplied my ovo after unknowingly being swapped from SSE.  My issues began when we had a smart meter fitted and our bills almost doubled overnight - we at the time assumed we were just paying not enough until then and just continued to pay the excess bills each. Month.    I would from time to time contact ovo and get faced with a call centre on South Africa of the most rude agents who would just hang up after hours of wait and I could not even get an acknowledgement of an issue with my meter.  At one point we were not in the property for like 4 months and the bills were coming just as high!  It was at this point I was sure something is not right and ovo only care to send bailiffs and started threatening us with a pay as you go meter despite me taking out a 3.5k loan to pay of my outstanding balance.  Around 1600 each on both gas and electricity.  This is where its gets really bad -  the very same day they sent me out a new bill saying the money paid already was only to cover up until the November previous and because its now Feb we owe another 1k.   By that August this had risen to over 3k and I still couldn't get anyone to even acknowledge a fault let alone fix it.    In despair I tried to swap suppliers and to my surprise octopus accepted us because even tho the debt is owed we are trying deal with.  During our time with them the bill was coming only on my wife's name as I was responsible for other bills and she this one - now that we owe them 3k they have magically started adding my name as well as my wife's to the same debt to apply double pressure and its showing on my experiwn report now with a question mark and 2700 showing in grey -  This was my wife's debt which we dispute we owe yet the have now sent me letter with both our names on from oriel and past due credit debt agencies - is this illegal and how can I get them to take my. Name of this and leave on wife's name as its so unfair they give us a both a defualt for wife's debt which we dispute anyway.    In the end about 3 weeks ago I wrote an email to their ceo and rishi sunak and low and behold for the first time in our history with ovo someone who spoke English contacted us and said she will look into our claim.    I explained to her that we feel our meter is faulty and despite me contacting them using WhatsApp email and phone I still have not got anyone to acknowledge a fault even. And that I dispute I Owe anything as my son was in hospital for 3 months and we stayed with him so house was empty and still. They were sending us super sized bills more than when we started at home.  She promised to investigate and a few days later replied that she is sorry for the poor customer service and offered us £50 compensation - however she also. Mentioned that she's attached statements for us confirming the payment for 3k I made was only up until Nov and in Feb despite me pay 3.5k nearly it's correct for them to bill. Me. Another £900 the very same day and she did not agree our meter was faulty and therfore the debt stands and she will not be calling it bcak from past due credit.  During my time with my new supplier post ovo, octopus I requested tehy check my. Meters because I felt they were faulty and over charging me and I got excellent response asking me for further details which I supplied and I got a. Response bcak within days to say my meter was indeed faulty and octopus have now remotely repaired it.   I then contacted the energy ombudsman and explained my situation how she at ovo tried to fob me off and demand I apy money we don't feel we owe due to faulty equipment we reported but ovo had to process or mechanism to deal with it or lodge complaint even without having to cc their ceo and our pm. And now I feel sick to think both husband and wife will get a 6  year default for debt which have a validity of a questionable nature.    I explained all this to the energy ombudsman and they accepted my case and I explained to them that my new supplier found my fault which ovo refueed to accept - I've uploaded the email from new supplier to ombudsman showing we had a fault.    My. Question is is there anything I can upload in defence of my case to ombudsman before they decide outcome ina few weeks    All advice greatly appreciated not only would I like advice on how to clear this debt but also how I can pursue ovo for compensation and deterrence for the future.  Thansk 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Anybody have access to books by Muir Hunter on Insolvency ??


42man
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Anybody have access to any books by Muir Hunter on Insolvency....apparently there is a point 6.15 in one of the insolvency books about 'a case from Judge Boggis which said that the affadavit must be proved and he referred to point 6.15 of the Insolvency Laws'....if anybody can help PM me...

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Sorry 42 man, I don't have access to Muir Hunter any longer but I should think the reference is to the Incsolvency Rules 1986.

 

Rule 6.15 deals with the service of a bankruptcy petition and how you prove it has been served. The Rule is

 

"6.15 - Proof of service

(1) Service of the petition shall be proved by affidavit.

(2) The affidavit shall have exhibited to it -

(a) a sealed copy of the petition, and

(b) if substituted service has been ordered, a sealed copy of the order;

 

and it shall be filed in court immediately after service."

 

Basically, the rule is saying that the petition must be drawn to the debtor's attention in a specific way (using a process server) and that fact should be confirmed on a sworn document that is sent to the court striaght away. You can't get down the road of a bankruptcy hearing and when challenged about service, the creditor suddenly say a copy was posted to the debtor. The petition has to be served properly beforehand or the petiton will be thrown out.

Edited by Docman
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Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Am I right in saying that if one hearing is adjourned without the debtor being present then an affadavit of continuing service shall have to be filled out immediately after the adjourned hearing ?? and does that have to be served also ???

 

(By the way Doc, keeping my eye on your threads....if I can help give me a shout !!! eternally grateful to you as you know...!!)

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Just been to the local library but no joy....and a copy of the book costs £500 + !!!!.....hoping there might be a solicitor on here who sees it...alternatively somebody who has access to case law...apparently the name Judge Boggiss QC or Bogiss was the judge who set this precedent !!!

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Am I right in saying that if one hearing is adjourned without the debtor being present then an affadavit of continuing service shall have to be filled out immediately after the adjourned hearing ?? and does that have to be served also ???

 

(By the way Doc, keeping my eye on your threads....if I can help give me a shout !!! eternally grateful to you as you know...!!)

 

 

No, I'm afraid not. If the court adjourns the hearing, the creditor has to send a notice of the adjournment to the debtor but the Rule (6.29) does not specify that service of the adjournment order must be verified by affidavit.

 

There is an assumption that the debtor must be present at the first hearing of the petition, since if he is not present, the court would normally make the bankruptcy order. Any notice of adjournment is therefore confirmation of what he should already know.

 

As to the Boggiss case, I've drawn a blank. Never heard of it and nor have some of my old friends in Bloomsbury.

 

If you can post anything about what is happening without revealing too much, I'll try to help.

 

Doc

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Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Ahh the Oracle has spoken....Hi Seq...good to see you !! I was wondering if you might be able to find the piece about Judge Bogiss / Boggiss....which required for there to be an affadavit of CONTINUED service (and this had to be served) if there had been an adjournment when the debtor hadn't turned up, apparently an affadavit has to be served if this happens.....the judge quoted this in my case, from the book itself....wonder if you might be able to have a scan please...

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