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    • Hi, this is the amended and hopefully final defence. Would someone just give it a once over for me before it's ready for filing on MCOL. I'm doubting myself but as I recall I don't need to post to the Sols or Claimant, just submit online?   1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC   2. 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   3. Paragraph 1 is noted. I have in the past had financial dealings with New Day in which I can’t recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request via signed for delivery which the claimant has failed to comply with.   4. Paragraph 3 is denied. I have not been served with a Termination Notice or Default Notice pursuant to sec 87 (1) the Consumer Credit Act 1974.   5. Paragraph 4 is denied. The defendant contends that no notice of assignment pursuant to s136 Law of Property Act and s82 a of the Consumer Credit Act 1974 has ever been served by the Claimant as alleged.   It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) Show how the Defendant has entered into an agreement and; b) Show how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to s87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.   As per Civil Procedure Rule 16.5 it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Okay, it's turning out better than I expected. We can go over a resume of the situation when you get it back and see what you think might be outstanding and if you want to do anything about any of it.
    • Back home now - Not a wasted trip entirely but did not come back with the car. They took it in straight away at 8 to sort out the navigation which apparently is resolved.  Next was a health check again: 1. Battery = defective 2. Fuel Flap solenoid - Apparently this was on the MPC but I even missed this.  So another one to add to the list of not rectified but vehicle handed to us.  Worst case with this is the flap does not open. 3. Sun Visor - Requires replacing 4. Navigation - Resolved 5. Tyres - The low tread has been deemed as perished - again, I do not understand how this went through MOT the day before collection!  And they also found a nail in the tread - by the looks of it and the lack of miles we've covered, it's been in there a while.  Agreed front right is budget make.   Took a bit of to/fro but all points have been authorised by Sales for Servicing to carry out - essentially as Sales missed this (or were told it was good to sell), they foot the bill.  Internal politics and all fake/virtual money.   The bad news is despite a note to order the battery last week "just incase", it was not done so battery, solenoid, visor and tyres all will be ordered in for tomorrow and resolved tomorrow hence coming back without it today. Upside, after a bit of pushing, I did get an Automatic Q3 70 plate which was the salesmans own demonstrator.   Salesman also apologised for the way he had been/tone used last week so we've put all that in the past (if everything is sorted!)   Finally, raised the fact their MPC states various services need doing.  The service advisor agreed, checked and to my surprise, the day we picked it up, they were completed. I got a printout stating this which included the oil service (even though it was done in September), gearbox service, Haldex (for the quattro system) and brake fluid.   Only thing I need to ask tomorrow is the parts list does not state Gear Box filter which is part of the service on the s-tronics and gear oil seems to be 1x G060175A2.  IF I am reading this correctly, this is only a top up of 850ml and not a complete service which should be around 5-7 litres + filter.
    • as long as returning the car doesn't cost you ...yes. however you are not compelled to do so out of your own pocket. you simply write, if you need too, stating the car is ready for collection at anytime but please advise me first.   but of course, be a wee bit smart here, until/unless the judgement is actually satisfied, it goes nowhere! dx  
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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British Gas ? urgent help needed


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HI Can anyone help or offer me some advice ?

 

Im writing on behalf of my sister who has got herself in a right tiz, and its not surprising as BG seem to really not be interested and keep fobbing her off, shes at the end of her tether and im worried.

 

Basically, BG messed up her bill and increased the amount she was paying, she fell behind and has ended up with a £600 electricity bill which in my eyes isnt a HUGE bill really but its big enough, anyway shes fell on hard times so shes tried to sort all her finances out, a debt advice company has helped her draw up a budget and shes sent letters out to everyone she owes. Shes made several smaller payments to BG to tide them over but they have not released their grip. Theyve told her she has to pay thr full amount she owes and wont set a payment plan up for her even tho she has offered to pay £50 a month to lcear the debt which i thought is a fair offer. They have continued to decline a payment plan and they have now sent her a letter saying they have obtained a warrant to gain access to her property and they are comming round on Thursday to get access and install a payment meter, however they are also going to charge her £400 to install it ? They have also said that the tariff will be set at £28 a week to cover her o/s balance, so bascially they arent cutting her off directly but allowing her to cut herself off which i think is terrible, especially as she has 2 children under 16 in the house with her. Has anyone else expereienced the same ? can anyone offer advice ? if the meter goes in she is screwed bascially expecially at that rate but why would they refused a payment plan ? Please can anyone offer some advice ? Thanks

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in addition the letter they have sent stating they have a warrant to enter the property is not addressed to my sister it just states: To the user of electricity at ADDRESS, surely thats not right ?

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hi dicklett,

 

firstly sorry to hear about the idiots at british gas can you tell me is your sister on any benefits other than the child benefits for the two under 16's. the reason i ask is that the goverment have a thing called a third party agreement form. you fill it out and they contact the utliltey companies on her behalf and they use the hardship legislation, amongst other things to agree an amount but your sister will have to agree it as well. it just stops the likes of british gas asking for what ever they want. my friend used it for a £1200.00 water bill and she never heard from them again.(the benefit lot do all the work) so if she is on benefits then they can help. if not i do believe there are charities on line that will help pay off the bill (on a one time only) as long as you can show that you are fallen on hard times. i will try to find some of the charities for you. how long is the bill oustanding for i know british gas can be a right pain in the A*** i have a dispute with them myself at the moment. get back to you

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i am also having the same problem with british gas. theyve set me on a payment plan of £104 per month which quite simply i cannot afford. my biggest ball and chain, ie the mortgage is my biggest headache and hence have fallen behind with everything else. this is thanks to me being made redundant in january and now having to do a job where the pay just about covers me for bread and water!!!

 

i clearly dont have the money to pay to BG so am wondering what advice is out there to get some help with?

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  • 1 month later...

A warrant of entry can and will be granted to things like 'the occupier'. I have applied and been granted warrants llike this. A warrant of entry will also be granted even if its in the name of a previous occupier. The utility company would always prefer a prepayment meter to an arrangement. Arrangements can be broken. If you dont pay a pre payment meter you get nothing from it.

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  • 2 weeks later...

Bit strange why BG are billing the OP's sister in the name of the occupier when the OP is suggesting that there has been contact between her sister and BG previously. Either BGas have well and truly messed up (and therefore the outstanding arrears is likely to be inaccurate) or the OP is being economical with the truth.

I would suggest that £600.00 is a large amount to be behind in on a utility bill - seeing as most people don;t get billed more than £200 per quarter.

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Bit strange why BG are billing the OP's sister in the name of the occupier when the OP is suggesting that there has been contact between her sister and BG previously. Either BGas have well and truly messed up (and therefore the outstanding arrears is likely to be inaccurate) or the OP is being economical with the truth.

I would suggest that £600.00 is a large amount to be behind in on a utility bill - seeing as most people don;t get billed more than £200 per quarter.

 

Actually I am in the same situation - I apparently owe BG £600 - from Aug 08- May09 - I had been paying £40 a month DD, then when I move to EON the final bill from BG was £750 ish ( paid the £150 at the time)...however I am disputing the bill as I believe the metre is incorrect - I think it is reading way too high.

So if the OP's sister doesnt think she should owe that much then I would suggest if they do come and change the metre then she needs to make sure she gets theold one tested - she needs to make sure other wise they just get lost in the system and she will never know.

I currently have Wattson Energy monitor on my ectric system and its recording loads less than the metre! Just need to get EON to test it now!

 

Also it depends how often she had her metrer read - my parents live in the stick and for a few years it was done on estimates - eventually my mum rang up with the real reading and ctually they had been paying too much each month - so maybe the OPs sister hadnt given a reading and all previous bills were estimates?

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