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    • I have had another good look around but still struggled to find any templates. I did find a defence on a thread that I have adapted below. I would greatly appreciate some input before I file it. Again, many thanks in advance.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from hanging to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3. Throughout this period Co-operative Energy served estimated bills. This is shown in the one copy of a bill that the claimant has been able to provide. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
    • why are you stuck with them?   do you not understand what i posted above?  
    • 😔 looks like im stuck with them. I am a bit wiser to this kind of thing now. Fingers crossed that something will change! 
    • Travel companies are concerned that providers of pre-holiday PCR tests are profiteering.   https://www.theguardian.com/travel/2021/apr/09/airlines-warn-that-the-cost-of-covid-tests-will-stop-people-going-abroad?CMP=Share_AndroidApp_Other
    • no mention of byelaws then...   so why have the authority gone around and put up these signs...urm...   new byelaw sign.pdf
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Well after several weeks and very little hassle from PTP which suprised me I finaly received an email from Clarity this morning requesting payment.

 

I have asked them to remove the £56 charge that PTP levied on the account before i will deal with them. Once they agree to do this i will hit them with a CCA request.

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Theyve been on the email and fone today after i sent an email stating they had broken thier agreement by phoning my work etc, it was right sarcastic and snotty so i've forwarded it to the financial ombudsman asking if this is how a company should present itself and deal with customers.

 

Tis good winding up the william tracey bloke at PTP, what an idiot :wink:

Shirley :lol:

 

LLoyds TSb- £750 **Won**

Abbey- £1308- Stay

RBS-£2038- now with FOS

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I sure will as soon as I can :)

 

will be in the next couple of days.

 

PTP havent called or rang since, bless them...:D

Shirley :lol:

 

LLoyds TSb- £750 **Won**

Abbey- £1308- Stay

RBS-£2038- now with FOS

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Hi Guys - I am new! but have had dealings with this company for 12 months with ongoing loans. I can honestly say I have heard everything, untill I slapped them with some information I found on this invaluable forum!!!!! This place is awesome and soo sooo helpfull. Thanks to this place and everyones input about this company I mangaed to fend them off today and now await to hear from Clarity!

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Hi Guys - I am new! but have had dealings with this company for 12 months with ongoing loans. I can honestly say I have heard everything, untill I slapped them with some information I found on this invaluable forum!!!!! This place is awesome and soo sooo helpfull. Thanks to this place and everyones input about this company I mangaed to fend them off today and now await to hear from Clarity!

 

I called the agnet today, who told me i will go no more calls from PTP but will get contacted after 4 weeks from a door-to-ddor collection agency!! I so hope i don't - has everyone's been sent to clarity?

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Hiya Dixxychick,

 

No experience of PTP myself but seems to be pretty consistent theme from those that have (and consistency is rare in this "sector" of the lending industry).

 

Hit them with the letter on here revoking any authority to visit (and have copy of same at ready just in case) template here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

Consensus seems to be very rarely do folk get visited and when they do either do not confirm who you are or advise them you have asked their client to communicate in writing and will not discuss further (there are various other suggestions involving large dogs and things but should'nt really condone these! ;)). If they do not leave advise you will call the police as they are trespassing (non-emergency number). In what seems to be the relatively unlikely case of their attending and acting contrary to their industry guidelines then it be a complaint.

 

Hope this helps, hang in there :D

MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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  • 2 months later...

UPDATE

 

I have finaly received my credit agreement from PTP via Clarity. I am unsure if the agreement is enforceable or not and was wondering if someone with a little more knowledge than myself could take a look for me.

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=12815&d=1253973399

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=12816&d=1253973399

 

I do intend to come to an arrangement with Clarity, but I onlt intend to repay the original £350 that I borrowed and not the broker fee or late payment charge.

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  • 2 weeks later...

I cancelled my DD last week, 48 hours later got a few emails, 1 phone call and I said I will change my DD, then for the next 4 days got about 3 calls a day on my mobile and about 2 emails a day, ignored them all. Went online to my account and changed all phone numbers but left my email address the same.

 

I've got the same agreement and am going to fight them this month instead of doing without money each month.

 

My salary is going into new bank account, deleted DD on old bank account.

 

Have downloaded templates, modified them and will wait to see what happens next week Friday when I was supposed to pay them.

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I had changed my job, so PTP could not contact my work.

 

I didn't get too much hassle from telephone calls from PTP to be honest. I think it all depends whom your account is passed to for collection at PTP. My account was passed to a lady called Angela, she rang twice and I refused to answer the security questions and I told her she must contact me by letter or email. I received a few snotty emails before the account was passed to Clarity for collection.

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Ok thanks alot for your help, i will just do the same when they call

:cool:

 

Yes, refuse to answer PTP security questions and tell them that you will only deal with this matter by letter or email.

 

After a few weeks your account will be passed to Clarity. Clarity will telephone you but i just sent them a telephone harassment letter and they have removed my telephone number and now just write to me.

 

I have told clarity that i will only repay the original loan amount and not the late payment charges or the brokers fees that are charged at an extortionate interest rate. If Clarity want anymore than the original loan amount they can take me to court and explain to the Judge the extortionate late payment charge and the extortionate interest rate.

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Hi

Have just emailed ptp after their email for stopping direct debit.

They replied by asking me to phone them so replied by email for them to refer to previous letter.

hERE STARTS THE MERRY GO ROUND!

 

 

All depends on whom your account is dealt with a PTP..... Just refuse to answer thier security questions and tell them email / mail only please and then put the phone down.

 

PTP will pass your account to Clarity in around 4-6 weeks time. Clarity are ok to deal with.

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My PTP phone nightmare ended when I emailed them to tell them I will only deal with them in written correspondance. OK I had to send the same email 3 times but that was last Wednesday and havent heard from them since.

Just waiting for clarity to contact us now. It seems PTP will give up contacting you if you are persistant with what you say.

NEVER AGAIN WILL I TAKE A PAYDAY LOAN:)

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Hi

 

I recently defaulted with PTP and they are now harrassing me I have sent them the harrassment letter and they are continuing with the calls ..

 

Can anyone suggest how I can stop the calls..I have asked them to pass this to clarity and they keep saying they wont

 

Help anyone???

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Hi

 

I recently defaulted with PTP and they are now harrassing me I have sent them the harrassment letter and they are continuing with the calls ..

 

Can anyone suggest how I can stop the calls..I have asked them to pass this to clarity and they keep saying they wont

 

Help anyone???

 

When did you default and did you post or email the telephone harrasement letter?

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Initially PTP will ignore your harassment letter and will continue to call. Refuse to answer their security questions and demand that they contact you be email only.

 

They will pass your account to an account manager within the next couple of days, again refuse to answer any security questions and tell them email only.

 

Once the account manager starts to email and stops phoning you then you can make an offer to repay. Your offer will be refused and despite PTP claiming that they wont pass your account to Clarity, they will!!! Your account will be passed to clarity between 6-8 weeks from your default date.

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