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    • Hi all   Firstly, thanks for all the helpful threads on here. Whilst there's a lot to read and get through, it's both helpful and reassuring to see so much great advice and support to others in similar situations.   I've received a letter and a Claim Form from Moriarty for an ADCB CC debt. I'm presently in a DMP for existing UK debts and (probably like many others) I truly don't know the best way forward, as time is clearly of the essence - but I don't feel I've 'up to speed' yet on all the other threads, advice, lingo etc. to respond accordingly.   I'm looking at drafting the PAP and getting it of tomorrow, but just want to get into the other threads to see if it's the right thing (and get more info on similar cases).   Please feel free to comment with any advice - all gratefully received of course. Thanks again for anyone that's posted in other threads and great to see so many kind and generous respondents helping others.
    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
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I have just split up with my ex partner who was in charge of the finances (our benefits was paid into his account so everything was paid by him). When we applied to E-on power to change overr to them in my ex's name we got letters back stating that is wasn't possible to do so.

 

After 9 months I have moved down from Manchester to Lancing, West Sussex and I hadn't given anyone my new address except my ex to send my belongings to.

 

I woke up one day to a 'Final Bill' Letter from E-on addressed to myself. I have sent them several emails (i have saved the replys) explainging that it was my ex's responsibility to pay them and asked how they got my details. E-on responded that they had gotten my details from my ex partner and when I explained to them the above they said that they can't do anything about it as they need proof that he is responsible for payment and untill then it will be illegal to change the name on teh account back to my ex's name.

 

Is this true?

 

What can I do to stop them harrassing me?

 

Thank you.

 

Lissa

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Guest Old_andrew2018

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Guest wino

Were the original bills in your name or your ex's?

Were you married or just partners?

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They was ment to be set up in his name and we was engaged not married.

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I have been chased by BCW and I am refusing to talk to them as I keep getting calls when I have sent them a letter stating that all communication must be in writing.

 

This morning both me and my fiancee got a rude awaking this morning by them calling me up which I'm really not happy about it and they still insist that its my debt.

Any ideas anyone?

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The first thing to do is to put the bill in dispute with EON. Do this using their complaints procedure in writing and recorded delivery. Once the bill is in dispute all collection activity by by EON and BC&W must cease. If it does not do so you must complain to OFT and Trading Standards. Ignore BC&W for the time being - they can do nothing. If they phone put the phone down - do not talk to them

 

In the complaint you must say that you need to check the account as you dispute the amount. You probably do not have previous bills so insist that they send them to you, If they refuse to do so post again here. Stop talking to them on the phone - make them write.

 

Then check everything - it is surprising how often these bill are wrong - do the arithmetic!!

 

Particularly look for

 

a) was the last reading an estimate? If so is it reasonable? If not dispute it.

 

b) did the bill you at least once yearly?. You may be able to get money back if they did not.

 

c) was there any time that you received estimated bills for longer than two years? A refund may be possible.

 

When we applied to E-on power to change overr to them in my ex's name we got letters back stating that is wasn't possible to do so.

 

.

 

EON were being economical with the truth. They do not like proper signed contracts because it is expensive for them and it ties their hands when it comes to collection of a debt. They can of course refuse a signed contract but it is possible and if they did not want to do it they should have referred you to the opposition- some hope!

 

So you will have been on a 'deemed' contract. This comes into force with the company supplying the property as soon as new occupiers move in and use the supply. All adult occupants are responsible for the whole bill while they are living in the property. They can put any name on the bill that they like even 'the occupier' and can force any one of the occupiers to pay the whole bill. The fact that your ex was billed in his name is immaterial. I think deemed contracts are an abomination?

 

However deemed contracts means that they can force your ex to pay the whole bill too! They may have already tried but he wont pay or they cant find him in which case you are the easiest target. Insist that they bill him - tell them his address if you know it. He might pay.

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i have done that and also wrote bcw a letter wanting them to explain a few things to me ( how my ex could of changed it to my name without legal docs when i need legal docs to change it back to his name and for a copy of the contract that i signed) which 2 weeks later they sent me the bills again. IDIOTS lol but they have stopped contacting me

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Eon will be working with a deemed contract which does not need to be signed. A deemed contract holds the occupiers who were your ex and yourself 'joint and severally' reponsible for the bills. This means that both your ex and you can be chased for the whole bill.

 

Your ex has not changed the responsibility of paying to bill to you without docs - you had the reponsibility as soon as you occupied the property with him. You had exactly the same contract with EON as he had.

 

You appear to have another fiance living with you now. Eon has a deemed contract with him so he is as liable as you to pay EON's bill.

 

In your situation there is no point in agitating for a signed contract.

 

If you have done what I advised and disputed the bill with EON you should now complain to the OFT and Trading Standards that BCW are harrassing you over an account that is in dispute.

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We could advise you better if we knew the ddetails of the occupancy of your last property.

 

Did you and your ex move into the property together?

 

If not who first occupied the property?

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I have never been to the property and it is his (aswell as all of my belongings) at the property.

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does anyone know about Horwich Farrelly solicitors? as they have now "taken" over the account and starting to harrase me as well as BCW.

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Well, they're definitely part of EON, and not part of BCW, from memory this really is the start of litigation?

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Post removed.

Edited by zazen.warrior

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If the account was originally in your ex's name only, then E.on behaved unlawfully by changing the account name into yours without your express consent.

 

.

 

This would only apply if the contract were a signed paper contract. Then it wpuld be unlawful to attempt to change the contract to someone else. Proper signed contracts a very uusual these days simply because deemed contracts are so advantageous to the utilities.

 

Deemed contracts are with all adult occupiers of a property and each occupier has a responsibility to pay any bills.(joint and several). Usually one occupier agrees to pay the bills and correspond with the utility and for administrative reasons the utility puts his 'name on the account'. This does not make him the sole contract holder. The utility still have a contract with the other occupiers and they are at liberty to change the 'name on the account' to any one of them. So there is nothing unlawful in what Eon have done if as is very likely the supply is under a deemed contract..

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Your story is not actually that clear.

Did you live in the property with your ex ?

Did he pay the bills out of his bank account ? By cheque ; online banking ; direct debit ? Or did you share payment ? Or did he always pay and this bill is what he considers your due seeing as the relationship is now over and you paid nothing before ? I'm not being horrid, but when relationships end people act strangely !

You need to start talking to your Ex !! Find out what he has done

How much is Eon chasing you for ?

You can not put your head in the sand on this one.

You need to start writing clever letters back to Eon, pro-longing the dispute til you sort a way out the mess....

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