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    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Howard Cohan - CL Finance - Stay Lifted Allocation Questionnaire - Now What!?


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Hello all – Thought I was out of the woods, but it would seem not!

 

Been having an on going battle with Howard Cohan Solicitors over a small debt to GE Money (Debenhams Store Card).

 

Had the usual treatment from Howard Cohan – Not letter before action, straight to County Court Claim etc. Also, had the usual ‘do not have to comply with CPR’ and have not received any information as requested, such as statements or CCA.

 

Anyway, I filed a defence back in November 2008 and waited for them to respond by informing the Court that they want to continue. Nothing for 28 days and the Claim was stayed on 29 December 2008.

 

Thought that would be the end of it but now I have received a Notice of Transfer of Proceedings to my local Court. I called Northampton and apparently Cohan applied for the Stay to be lifted on 15 January 2009 – What a waste of £70.00!

 

I am wondering what to do next – Basically, my defence was that I believed that the sum claimed was made up of miss-sold PPI charges and unnecessary Court and Solicitors Fees. I stated that I was not in a position to file a full defence as the Claimant could not furnish me with a valid CCA or any statements relating to the alleged amount owed.

 

I have noticed in the Allocation Questionnaire that you can opt for ‘Settlement’ by means of mediation – Will this result in me not getting a judgment and putting a spanner in the works for Cohan?

 

Also, if I lost the case would I be expected to pay the £70.00 fee for having the Stay lifted? It would seem unfair as Cohan had ample time to respond and furnish me with the information I asked for.

 

I was hoping that would be the end of it – Any advice on what to do next would be greatly received!

 

Wonkey Donkey

Edited by Wonkey Donkey
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Hi Wonky D

The mediation will be a cards on the table meeting before any court action.

This will give you the chance to pick apart there case, but also for them to do the same.

They haven't provided any documentation to your satisfaction via the CPR. In fact they are saying they dont have to follow the correct guidelines.

I'd apply to the Court and Honourable Judge to force them to provide the documents you require to enable you to formulate a correct defence.

Make sure you highlight to the Judge that they have refused this request, copy their letter to the Judge to show how unreasonable and arrogant they are in the face of the law

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Thanks for the posts bazaar and 42man – The advice and links are really helpful.

I have just checked the Allocation Questionnaire and it is an N149 – Is there much difference between the N149 and the N150?

Going to have a scoot around the site regarding miss-sold PPI as I believe most of the debt is made up of these – All this for a poultry debt that started out at £150.00!

Many thanks again.

Wonkey Donkey

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  • 2 weeks later...

Hello all – Just a quick update!

 

Managed to get the Allocation Questionnaire filed before the deadline.

 

Managed to put the boot in using Section G – Pointing out that Cohen’s had failed to follow pre-action protocol and procedure.

 

Also, included a copy of Cohen’s usual ‘we are not obliged to comply with Civil Procedure Rules’ letter and asked if the Court could clarify the legal obligations of both parties!

 

Unfortunately, the other side have also filed the Allocation Questionnaire. I was hoping that they would again miss the deadline and the case by struck out!

 

Strangely enough I received a letter from them on Thursday, offering a reduced amount for a final settlement.

 

Spoke to Cohen’s and they did not even know they had the stay lifted and offered me a ‘Consent Order’. I have never heard of this before but it is usually involved in matrimonial cases – Perhaps, they were reading from the wrong leaflet!

 

I also decided to tick the box regarding free mediation from the Court Service – Thought this may highlight my intention to negotiate and delay proceedings for a bit longer.

 

Anyway, I will wait to hear the Judges directions and keep you all posted.

 

Best of luck with your own legal issues fellow Caggers!

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So they still havent sent you a statement of account for you to work out your defense and counterclaim, oh dear.

You may wish to send them a letter asking for this under the CPR that they keep ignoring.

Also, try to start working out the time youve spent on this, you may want to ask the judge for your costs as well as the counterclaim:D

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Only you can decide, if you win you pay nothing, and claim your costs from them.

If you lose you have to pay within 28days including all their costs, or you get a ccj.

 

Question is, do you think you have a strong enough case to win?

 

Personally, i would avoid a consent order if possible, because if at anytime in the future you default (who knows what your circumstances might be), they can then bring enforcement warrants etc,very quickly.

 

From what you are saying in post 1 it looks like you have a case?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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