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    • i would suggest you look at the dates of posts on those other forums paypal do not sell debts and even if they do, there is stuff and all any debts buyer could do yo you in the UK. forget it, or even better go complaint to your bank and tell them paypal did not advise you £1200 would come out of your a/c, which they should do, and that it was the result of fraud. you don't have to tell them any details.   as for the rest of your debts..   debt IS NOT A CRIMINAL OFFENCE IN THE UK..where the beep did you get that from!!   pers i'd be opening a parachute account and getting asll your income paid into that so NO-ONE can get their hands on it. cause NW are just about to introduce 40% OD int rate and they will forever be draining you of money   get OUT NOW from them.   dx      
    • I'm aware there are some grammatical and reference errors but the post expired before I could fix. I'd really like to know if I've made valid points or not. Thanks.
    • Another thing, they say they have photographic evidence of the entry and exit times, but have not included it in the SAR. If they have photos shouldn't they provide them in the SAR? And if they don't have them now, how can they prove anything?    Should I ask OBS to produce the photos?
    • Is this any better?  I've resigned myself to losing. Admittedly, I don't quite know what I'm doing. I just hope I get a remote hearing, that should save me some embarrassment.      1) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx.    2) It is admitted I have had financial dealings with Provident in the past. However, have no recollection of the alleged reference number the claimant refers to.   3) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.    4) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of an agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
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ausdiver

British Gas Meter Reading Error

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Hi,

I wonder if anyone can advise me on this one. British Gas contacted me last week with a new electric Bill saying that I owe £500 for the quarter. The usual bill is around £40 -£60 depending on the time of the year. I called them and they said that the previous bills were based on estimated readings and that they had an actual reading done and this was the amount. This figure is an accumilation of over 2 years. I live in a block of 4 flats and the meters are kept in a secure cupbord in the main lobby, so that if one meter is read all the meter's can be read. I need to know if they can demand this payment in one go or is this their mistake and I have a right to have this stretched out. When I contacted them they said that it is my fault and it is my responsibility. I am now on benefits as I lost my job at beginning of the year, I also told them this and they said that they could take £80 pw and that is the lowest they could deduct from my money. I informed them that I dont get as much as that. Then ten suggested a payment meter, the problem with this is that I rent from a private landlord and would be evicted if this was discovered and as they do periodical checks on the property it would not take long to find out.

Any suggestions would be appreciated.

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Hello and Welcome, ausdiver.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks maroondevo52, where would this be?

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Hello and Welcome, ausdiver.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

Hi maroondevo52,

 

Can you tell me where the forum for my thread is?

 

Thanks

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ausdiver,

 

I've moved your thread into the appropriate Forum, your here !!!

 

Just continue to post on this thread :)

 

Regards.

 

Scott


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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have YOU checked the meter reading?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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have YOU checked the meter reading?

 

dx

Hi dx,

 

I have checked the meter reading and told them over the phone what it was and all they did was confirm that it was correct. I dont see what else I can do.

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i have a funny feeling they cannot back bill you more than 12mts now on these kind of issues

 

i'm a bit busy

 

if no-one else responds

 

i'll look for you tomorrow.

 

dx

'


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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They CAN back bill you as they have been billing you, even though its estimated. The only time they CANT backbill you is if they hadnt billed you in that period, but there are other conditions that apply to the billing code too.

 

They are obliged to read your meter at least once in 2 years, so they havent done anything unlawful, they are just not being very accommodating. What they should be doing is offering a payment plan that is affordable to you too and spreading the cost over a year for you at least.

 

It amazes me that some agents who work for the suppliers are jobsworths. If it were me I would spread the cost over a longer period, theory being that if you set the arrangement that is affordable, they are more likely to get there money rather than setting an unrealistic amount that wont be paid.

 

As you are on benefits also, they should be setting the debt repayment back at the lowest amount which is normally about £3 per week. Either call them back or go to your local CAB and get them to call on your behalf.

  • Haha 1

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tnx clare l

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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It amazes me that some agents who work for the suppliers are jobsworths. If it were me I would spread the cost over a longer period, theory being that if you set the arrangement that is affordable, they are more likely to get there money rather than setting an unrealistic amount that wont be paid.

 

As you are on benefits also, they should be setting the debt repayment back at the lowest amount which is normally about £3 per week. Either call them back or go to your local CAB and get them to call on your behalf.

 

This is exactly right. British Gas complaint handlers respond to CAB quicker than they respond to their own staff. The benefits will also go in your favour. I see no reason why you will have to pay this in a lump sum, it has just been as clare said, a jobsworth.

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Thanks DX, Clare and Mrhandyman for the advice, I am going to the CAB on friday when it is open and see if they can help.

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Let us know how you get on :)

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Hi Guys,

 

Sorry its been so long to reply. Went to CAB and after waiting for over a week to get seen (very busy with asylum advice) I was told to keep trying BG until I got a better response, not really helpful.

Called BG again today and got someone who understood my problem, they worked out a budget so I can pay £50 pm, I agreed as it has been going on too long now.

Thanks for everyones help.

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