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    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
    • Point taken that we should inform new Caggers that the £20 option is there in wrong registration cases.  Well, supposedly there, who knows what the PPCs would do in practice.  Anyway, the option is allegedly there with both the BPA as you say, but also the IPC (I've just checked). However, there's a danger here of baby, bathwater. The two easiest types of cases to win are (a) residential - due to Supremacy of Contract and (b) wrong registration - due to "de minimis".  Indeed until recently we has been boasting that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing. We simply can do nothing about a terrible judge.  The judge seems - I say seems because we haven't had all the details - to have ignored "de minimis",. got fixated on a sign and awarded unreasonable behaviour costs.  A totally bizarre judgement.
    • You mean your witness statement 
    • That may be your personal claimed experience I said i didn't want smart meters - you jumped in to recommend smart meters I quite clearly indicated I was happy with being in credit to maintain constant payments - you suggest paying what I owe every month I quite clearly indicated I was happy with being in credit to maintain constant payments - you suggest a variable tariff - even if its one that only varies on a daily basis rather than half/hourly - with prices higher in winter when you need it and lowest in summer when you need it least   politeness ends with: - I'm NOT interested in any smart tariff I see, You are pushing your smart meter + variable tariffs in the wrong place - try pushing them somewhere 'nearer to home'  
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Taking HSBC to Court


andrewdm
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Since December I have been writing back and forth first to Metro the to DG asking for three things:

 

1.Validation of the ‘debt’ (the equitable accounting of the transaction)

2.Verification of your claim against me. (A sworn affidavit.)

3.A copy of the contract binding both parties.

 

 

 

 

They have not been able to provide me with that information. Keep sending me copies of my statements and finally last month sent a letter stating they no longer wish to carry on corresponding with me. They have threatened legal action and what not but won't sit down. I did use use a template letter from a guy named John Dempsey where if the couldn't prove it they owe me 5x the asking amount for me to pay. I sent them this letter recorded delivery about half dozen times with amount. They kept sending me till the gave up various letters as to why one issue couldn't be addressed.

 

 

 

My question is taking them to court one asking debt be discharged and can't figure out second.. thought it would be harassment as what they are doing is fraud.

 

 

Below is what was sent out a few times recorded delivery but never mentioned whenever it was sent this similar letter.

 

 

 

FAILURE TO TIMELY COMPLY WITH THE REQUEST FOR PROOF OF CLAIM, ENUMERATED HEREIN, CONSTITUTES DISHONOUR AND A TACIT ACKNOWLEDGMENT THAT YOU OR YOUR COMPANY ARE WITHOUT STANDING TO STATE A CLAIM RELATIVE TO THE INSTANT MATTER.

YOUR ORIGINAL PAPER REFERENCED ABOVE WILL THEN BE RETURNED, WITHOUT DISHONOR, FOR FAILURE TO STATE A CLAIM.

FURTHERMORE, YOU, DG SOLICITORS ACTING ON BEHALF OF HSBC AGREES TO PAY ME FIVE TIMES THE AMOUNT OF THE SUM YOU ARE REQUESTING FROM ME, AMOUNTING TO - £8690.85 -AS COMPENSATION FOR THE BOTHER ETC. I HAVE BEEN CAUSED.

 

 

Any advice would be great!

 

 

Andrew

 

 

Love mary Croft and her free book!

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I already know the amount to claim against them my main concern is besides discharging debt for compensation what is the claim against them that I tell the court. I am working on filing the papers only but hung on second part to claim against them. Is it just discharging debt and compensation? Next thing is when I go to court judge will want to know compensation for what? But this last question will write something down after starting court action proceedings.

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Hiya Andrew, in a county court claim situation all you can claim is the amount that the bank have unlawfully deducted from your account plus any interest that has been accrued against those charges.

 

In addition to that your allowed to add the cost of bringing the claim to court so you add your court fees to your figure and then finally your allowed to add 8% county courts act section 69 interest and that is what you should put on your claim form :).

 

If you win your claim then you are allowed to ask for your costs in producing the paperwork and minor expenses attending court etc but this all needs to be documented with receipts for printing, photocopying etc and you time will need to be recorded accuratly... also this will be at the discretion of your judge and even with a large claim your unlikely to get more than £150 to £200

 

pete

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You're right pete , the last I heard the maximum that judges were allowing for time costs (for preparation of case etc) was £9.50 per hour .......

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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