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    • Is all of this actually on the signage? Don't remember seeing that much detail on other threads.
    • If I have learnt one thing from this forum, it's not to call and communicate via email. I passed this info on to her and they are pushing for her to call them.    "Unfortunately, you will need to call us. The conversation won’t be so black and white as to therefore type over email. In a nutshell we can confirm that the request to not pay for 3 months we cannot put in place"  I emailed them back on her behalf and said that what ever is discussed over the phone will need to be put in an email so that she can review it properly. No decisions will be made on that phone call.    "Once we speak to you on the phone we will follow up with an email to confirm the options discussed. [Phone number]"   Why are they pushing for a phone call? If its not so black and white, why can they then follow up with an email?  
    • Appreciate input Andy, updated: IN THE ******** County Court Claim No. [***] BETWEEN: LC Asset 2 S.A.R.L CLAIMANT AND [***] DEFENDANT ************ _________________________ ________ WITNESS STATEMENT OF [***] _________________________ ________ I, [***], being the Defendant in this case will state as follows;     I make this Witness Statement in support of my defence in this claim.   1. 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 confirmed in the claimant’s witness statement exhibit by way of the Deed of Assignment. 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. 2. The Claim relates to an alleged Credit Card agreement between the Defendant and Bank of Scotland plc. Save insofar of any admittance it is accepted that the Defendant has had contractual agreements with Bank of Scotland plc in the past, the Defendant is unaware as to what alleged debt the Claimant refers. The Defendant has not entered any contract with the Claimant. 3. The Defendant requested a copy of the CCA on the 24/12/2022 along with the standard fee of £1.00 postal order, to which the defendant received a reply from the Claimant dated 06/02/2023. To this date, the Claimant has failed to disclose a valid agreement and proof as per their claim that this is enforceable, that Default Notice and Notice of Assignment were sent to and received by the Defendant, on which their claim relies. The Claimant is put to strict proof to verify and confirm that the exhibit *** is a true copy of the agreement and are the true Terms and Conditions as issued at the time of inception of the online application and execution of the agreement. 4. Point 3 is noted. The Claimant pleads that a default notice has been served upon the defendant as evidenced by Exhibit [***]. The claimant is put to strict proof to verify the service of the above in accordance with s136 and s196 Law of Property Act 1925. 5. Point 6 is noted and disputed. The Defendant cannot recall ever having received the notice of assignment as evidenced in the exhibit marked ***. The claimant is put to strict proof to verify the service of the above in accordance with s136 and s196 Law of Property Act 1925. 6. Point 11 is noted and disputed. See 3. 7. Point 12 is noted, the Defendant doesn’t recall receiving contact where documentation is provided as per the Claimants obligations under CCA. In addition, the Claimant pleads letters were sent on dates given, yet those are not the letters evidenced in their exhibits *** 8. Point 13 is noted and denied. Claimant is put to strict proof to prove allegations. 9. The Claimant did not provide a true copy of the CCA in response to the Defendants request of 21/12/2022. The Claimant further claims that the documents are sufficient to pursue a Judgement and are therefore copies of original documents in their possession. Conclusion 10. Without the Claimant providing a valid true copy of the executed Credit agreement that complies with the CCA, the Claimant has no grounds on which to enforce this alleged debt. 11. The Claimant has been unjustly enriched at the expense of the Defendant by purchasing bulk debt at a greatly reduced cost and subrogating for the original creditor in trying to recuperate the full amount of the original debt 12. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant by way of a Section 78 request. The Claimant failed to comply. I can only assume as this was due to the Claimant not having any enforceable documentation and issuing a claim in hope of an undefended default judgment.   Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in it’s truth. Signed: _________________________ _______ Dated: _____________________
    • Morning,  I am hoping someone can help, I am posting on behalf of my friend so I will try and provide as much info as possible.  Due health reasons, she is currently not working and unable to pay her contractual car finance payments. She emailed 247 Money and asked for a 3 month payment holiday, they refused this straight away with no reasons as to why. They have told her that instead she can make a payment of £200. She is currently getting £400+ a month ssp so this is not acceptable. She went back to them and explained she cannot make this payment and they have not offered an alternative plan. Its £200 or she falls into default.  She is now panicking as she does not want her car to be taken away. What options does she have?  Thank you, 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Utility companies..E.on


CAAD
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In short, No.

 

Supply agreements with utilities are not credit agreements and are not covered by the Consumer Credit Act.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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  • 2 weeks later...

Hi Huff&Puff.. I did have a thread re the certain company who i keep getting nasty letters from. It was Advantis,but now its LCS based in Leeds.

 

This was the last post I put up on my Advantis thread...........

 

New Update...And more help needed Please! xxxx

 

Hiya Everyone ...Well I sent letter 18..the prove it one,then the next letter because they hadnt confirmed my details within that time limit! Then I received a letter from Advantis saying..FINAL RESPONSE.

stating that THEY ARE NO LONGER DEALING WITH MY ACCOUNT,that E-ON HAD NOTIFIED THEM TO CEASE COLLECTION. that THE ACCOUNT HAS BEEN CLOSED AND NO FURTHER ACTION WILL BE TAKEN BY THEMSELVES!!!

 

But they also let me know that Utility companies are not covered by the Consumer Credit Act 1974? Is it not?? Wat rights do i have then?

 

Anyway today I receive a Demand letter from a New DCA, LCS regarding this same account,telling me to pay up etc..

 

Where do I go from here...

 

......... Ive now had another letter(because I ignored that 1st one) saying thyll send a rep round or theyll advise a solicitor to take me to court.

 

What rights do they and I have?

 

I really need all this before Xmas..wat complete S***heads!!!!!!!!!

 

Thanks

Edited by CAAD
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What is the utility bill for? Gas Leccy?

Did you move properties and not give them a final reading, or leave with bills owing?

Was it a shared property?

How long have they been trying to get you to pay this bill?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Heres some reading for you;

 

The Code of Practice for Accurate Bills (the “Billing Code”) was launched in July 2006 along-side the Energy Ombudsman.

Five of the main energy supply companies in the UK have signed up to the Billing Code, namely British Gas, npower, EDF Energy, E.ON Powergen and Scottish Power. The Billing Code provides consumers with additional protection over and above that required by the regulator Ofgem for accurate and informative billing.

The Code includes a requirement for consumers to be protected from debt where the supplier is at fault for not billing energy supply. Where the supplier is at fault, consumers cannot be back-billed beyond 12 months from the date on any subsequent bill.

 

 

The billing code - Legal seagulls

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The Code includes a requirement for consumers to be protected from debt where the supplier is at fault for not billing energy supply. Where the supplier is at fault, consumers cannot be back-billed beyond 12 months from the date on any subsequent bill.

Does this apply to business acounts or only domestic accounts?

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I think this link has gone bananas - it goes to disneyland.info.

 

:eek:So it does....Apologies, try this.

 

Not sure why? But here is what it says on there, if you want to see it for yourself then just enter 'The billing Code' into the search bar above.

The code of Practice for Accurate bills (the Code) has been developed by the Energy Retail Association (ERA) with POwergen, British Gas, EDF Energy, nopwer and Scottish Power to address action raised in Ofgem's response to the Billing Super Complaint for domestic customers.

 

These companies all support the independantly-audited Code of Practice and are committed to the Code as a minimum standard of service for customers. The Code states that:

 

"From the 1st July 2006 where the supplier has been at fault in not billing a domestic customer the supplier will not send a bill which includes energy consumed more than 2 years previous to the bill being issued. From 1st July 2007 this period will reduce to 1 year" (Clause 3.5)

 

This Code is effective from 1 July 2006.

 

This policy does not apply to

 

  • Business customers
  • Customers paying on a prepayment meter (there is a seperate policy for PPM)
  • Customers obtaining energy illegally (e.g. interfering with their meter)

 

2.1 Energy Consumption

 

2.1.1 A bill has not been sent in two years

Where the supplier is at fault in not billing a customer in the previous two years, we will not bill a customer for more than two years worth of consumption unless it's in the customer's favour; the consumption relating to the oldest period (i.e. the period older than two years) will be withdrawn.

 

For the purpose of 2.1.1, the supplier is at fault where they have made no attempt to bill or communicate with an existing customer during the previous 24 months.

 

Specific exclusions

 

The supplier is not at fault where

  • A new customer has failed to notify the supplier that they are living in the property and we have sent letters to the address or we have continued communicating with the previous occupier
  • The property is newly built and the supplier is unaware of its usuage
  • The customer has deliberately taken steps to avoid a bill being sent

 

2.1.2 An inaccurate bill has been sent previously

Where the supplier is at fault in under-billing a customer by sending inaccurate bills, when issuing a corrected one, the supplier will not collect for any additional consumption (i.e. the shortfall between what was bills and what was used) that is more than two years old. This difference will be withdrawn if applicable.

 

Specific exclusions

 

The supplier is not at fault if

  • The energy billed previously was based on incorrect information and the correct information was not available to them at the time (e.g. technical specifications of the meter (such as number of dials))
  • For technical reasons, a bill issued previously has to be withdrawn and reissued

 

However, in these cases, the supplier will review each case individually and may apply a "poor service" adjustment to the account if it is appropriate.

 

For the purpose of 2.1.2, the supplier is not at fault if they can demonstrate that they have taken all of the following actions:

  • A. Read or attempted to read the meter at the premises within the last 24 months
  • B. Provided opportunities for the customer to submit their own meter reading at any time on any day; and
  • C. Any bills sent to the customer are clearly indicated as estimates (if applicable) and that these have been based on any previous history, or (if not available) on average consumption for a similar property.

 

2.2 Insufficient payments - Fixed direct debit and Regular cash payment

 

For customers who are paying on an agreed budget scheme, we will review their account at least once every 2 years to ensure that their payments are sufficient to cover their energy usuage. Where the supplier is at fault in failing to carry out such a review, we will not hold customers responsible for any deficit resulting from underpayments from any period older than 2 years (from the date when the account is next reviewed); the deficit resulting from the underpayment to the oldest period (i.e the period older than two years) will be cancelled.

 

Specific exclusions

 

Customers must have been paying the agreed installments; those that have missed payments or failed to pay the agreed amount will not be covered by this policy.

 

For the purpose of 2.2, the supplier is not at fault if we have carried out all the following actions in addition to A and B above:

  • D. The customer has been correctly set up on the suppliers billing system and they have been sending statements showing actual or estimated consumption.
  • E. The supplier has assessed the payment within the last 24 months based on actual or a reasonable estimate of the customer's energy consumption or the supplier has sent letters to the customer requestion a factual reading to enable them to reasses their payments.
  • F. For direct debit customers only, the payments have been set up correctly and the supplier is taking the pre-agreed payments.

 

3. Poor service

 

Where the supplier ar enot at fault, customers are not entitled to have any amount of their energy bill cancelled. Should the supplier believe compensation is required due to service issues, this will be considered seperately as poor service.

 

4. Staff training

 

The supplier should endeavour to follow this policy and staff will be trained appropriately. If an error in the application of this policy occurs, the supplier will correct this as soon as they become aware of it.

 

5. Compliance

 

This policy will be audited both internally and externally at agreed regular periods. Customers who are unhappy about the way their account has been dealt with can follow the suppliers complaints procedure. If this fails to remedy the complaint, the customer can refer the dispute to the Energy Supply Ombudsman.

 

In line with actions agreed with the ERA, suppliers will record, monitor amd report their performance against the Code.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Does this apply to business accounts or only domestic accounts?

Domestic accounts only unfortunately.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 4 weeks later...

Thankyou so much for all your replies. To be honest,with Xmas coming up I just chose to ignore this debt and forget about it for abit..Now Im back!!! And got to get it sorted!!! I got another little snidey letter saying how someone will be coming to vist me within the next week!

 

It is a bill from Eon originally,for electric used at a previous address..Sept 2008- feb 2009. They say I owe over £500 and i definately dont! And I moved out of that address Jan 6th!

 

So basically my word against theirs!! What letter shall i send to the leeds ****????

 

Thankyou all once again!

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It is a bill from Eon originally,for electric used at a previous address..Sept 2008- feb 2009. They say I owe over £500 and i definately dont! And I moved out of that address Jan 6th!

 

Have you got proof of all your payments when you were at this address? Bank statements showing payments maybe?

 

If so and you are 100% certain that you don't owe them anything, then a simple letter making reference to all of your payments for the period they are disputing, should sort this out.

 

You might also want to get the advice of OFgem.

Ofgem Home

 

Also deal direct with EON, not the leeds losers.

You can send them this letter tied to a brick.

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

And every time they send you hamster bedding, send them the same letter..losers.

 

You would be best contacting EON and asking them what this is all about, why have they tasked an incompetent DCA to do their dirty work for them and chase you for money you don't owe.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thankyou both for your replies...well no-one did turn up! surprise surprise!!!! So at the mo,im gna see if i get anything else! You know what i never did have much dca after me..only until i signed up for that credit thing.

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