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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • UsedCarMan
      Lowell/Shoes SPC Claim Forfar Sheriff Court - Old Newday Credit Card.

      By UsedCarMan · Posted

      Doc 04-19-2024 11-01-51-merged-compressed.pdf good morning.    9 pages attached.    thank you  UCM
    • Alfy
      Ovo Energy Bill is way too high - faulty smart meter

      By Alfy · Posted

      Hi I was being supplied my ovo after unknowingly being swapped from SSE.  My issues began when we had a smart meter fitted and our bills almost doubled overnight - we at the time assumed we were just paying not enough until then and just continued to pay the excess bills each. Month.    I would from time to time contact ovo and get faced with a call centre on South Africa of the most rude agents who would just hang up after hours of wait and I could not even get an acknowledgement of an issue with my meter.  At one point we were not in the property for like 4 months and the bills were coming just as high!  It was at this point I was sure something is not right and ovo only care to send bailiffs and started threatening us with a pay as you go meter despite me taking out a 3.5k loan to pay of my outstanding balance.  Around 1600 each on both gas and electricity.  This is where its gets really bad -  the very same day they sent me out a new bill saying the money paid already was only to cover up until the November previous and because its now Feb we owe another 1k.   By that August this had risen to over 3k and I still couldn't get anyone to even acknowledge a fault let alone fix it.    In despair I tried to swap suppliers and to my surprise octopus accepted us because even tho the debt is owed we are trying deal with.  During our time with them the bill was coming only on my wife's name as I was responsible for other bills and she this one - now that we owe them 3k they have magically started adding my name as well as my wife's to the same debt to apply double pressure and its showing on my experiwn report now with a question mark and 2700 showing in grey -  This was my wife's debt which we dispute we owe yet the have now sent me letter with both our names on from oriel and past due credit debt agencies - is this illegal and how can I get them to take my. Name of this and leave on wife's name as its so unfair they give us a both a defualt for wife's debt which we dispute anyway.    In the end about 3 weeks ago I wrote an email to their ceo and rishi sunak and low and behold for the first time in our history with ovo someone who spoke English contacted us and said she will look into our claim.    I explained to her that we feel our meter is faulty and despite me contacting them using WhatsApp email and phone I still have not got anyone to acknowledge a fault even. And that I dispute I Owe anything as my son was in hospital for 3 months and we stayed with him so house was empty and still. They were sending us super sized bills more than when we started at home.  She promised to investigate and a few days later replied that she is sorry for the poor customer service and offered us £50 compensation - however she also. Mentioned that she's attached statements for us confirming the payment for 3k I made was only up until Nov and in Feb despite me pay 3.5k nearly it's correct for them to bill. Me. Another £900 the very same day and she did not agree our meter was faulty and therfore the debt stands and she will not be calling it bcak from past due credit.  During my time with my new supplier post ovo, octopus I requested tehy check my. Meters because I felt they were faulty and over charging me and I got excellent response asking me for further details which I supplied and I got a. Response bcak within days to say my meter was indeed faulty and octopus have now remotely repaired it.   I then contacted the energy ombudsman and explained my situation how she at ovo tried to fob me off and demand I apy money we don't feel we owe due to faulty equipment we reported but ovo had to process or mechanism to deal with it or lodge complaint even without having to cc their ceo and our pm. And now I feel sick to think both husband and wife will get a 6  year default for debt which have a validity of a questionable nature.    I explained all this to the energy ombudsman and they accepted my case and I explained to them that my new supplier found my fault which ovo refueed to accept - I've uploaded the email from new supplier to ombudsman showing we had a fault.    My. Question is is there anything I can upload in defence of my case to ombudsman before they decide outcome ina few weeks    All advice greatly appreciated not only would I like advice on how to clear this debt but also how I can pursue ovo for compensation and deterrence for the future.  Thansk 
    • Johnny1 leg
      2010 Loan Debt from Dubai bank last paid 2009 and IDR letters by Email

      By Johnny1 leg · Posted

      Thanks for the reply dubai 50 - if the statute is 10 years it has long passed - if it is 15 years i havea few months left. i shall ignore until it gets serious  An update - - I sent the letter to the bank in Dubai ( I did get delivery confirmation from Royal Mail)   - I have moved to a new address ( this is the address i gave to the bank in dubai)  - IDR are continuing to send Letters to the old address, which leads me to believe they are not in contact with the bank at all. - i have not replied to any correspondence digital or hard as they are non threatening ( as of yet).        
    • AndyOrch
      Licensed breeder Puppy farm & genetically sick pups.***Settled***

      By AndyOrch · Posted

      Your topic title was altered last June 23 by the owner of this forum in the interests of the forum Anyway well done on your result and thank you for concluding your topic, title updated.   Andy   .
    • AndyOrch
      Licensed breeder Puppy farm & genetically sick pups.***Settled***

      By AndyOrch · Posted

      So what    Why ? Consent Order/ Confidentiality ? This would be be invaluable to followers of your topic.  

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

CL finance claim form GE money

Hedman87

By Hedman87
in Financial Legal Issues

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foolishgirl

foolishgirl

Posted
Posted
and is this from the date on the letter received confirming the judges decision? this was obviously a few days after the hearing?

 

thanks

 

I think it's from the date of their receipt of the notice hedman but maybe someone else will confirm.

I know that if you wish to apply for a set aside of a judgment for some reason, it should be done within 14 days but not sure of the strike out rule. If the claimants were represented in court, I don't think they would stand much chance but if the judgment was given in their absence, they may have an argument.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hedman87

Hedman87

Posted
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Posted

thanks for the info! Yeah foolish has been great. I was a little surprised how persistent this lot were, the 2nd hearing was with a different judge....I don't think it should have got this far. Will wait and see what appears next week. One thing I would tell anyone reading this, is don't be afraid of the court, CL and the likes are playing the system and you need to do the same. But you must absolutely respond to everything on time.

 

I suspect this one isnt over yet, will keep you posted.

 

cheers

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Rom

Rom

Posted
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Wow, interesting thread. It's amazing how HC and CL try to go for loads of people and get away with it and all the people who haven't found this site will have fallen foul of the complicated legal system. Excellent support from FG, who has really helped me, and others. Keep us posted hedman.

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Hedman87

Hedman87

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I am still a little confused as to the method I should use to go after costs, I have found some good info here http://www.consumeractiongroup.co.uk/forum/showthread.php?163222-Welcome-Cohens-case-withdrawn-***WOO-HOO-***/page12&highlight=bill+costs

 

My case was struck out but they didnt withdraw.....any direction would be great.

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foolishgirl

foolishgirl

Posted
Posted

Not reread your thread hedman, but if the case was struck out, you can make an informal app by a letter to the court but I suggest that as it was a while ago you make a formal app - the form will depend on whether you go for summary or detailed assessment.

 

These links may help you: http://www.consumeractiongroup.co.uk/forum/showthread.php?65921

 

This one by X20: http://www.consumeractiongroup.co.uk/forum/showthread.php?150028-arrow-global-receivables-cope-s-solicitors&p=1693196&viewfull=1#post1693196

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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  • 4 months later...
Hedman87

Hedman87

Posted
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thanks for the reply. I received communication from them a few months ago advising that neither party had attended the hearing and they hadn't received the copy of the hearing order. If they didn't receive payment they would restart court proceedings.....

 

No I stupidly didn't pursue costs for the previous claim.

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DonkeyB

DonkeyB

Posted
Posted

So they are saying they did not receive a copy of the judgment striking out their claim? I suggest you send them a copy. They are full of bluster – the court will not, hopefully, entertain this.

 

Again, what’s in the PoC for the new claim?

 

Think you might be able to pay for a summer holiday if you handle this right.

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Hedman87

Hedman87

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they have said they did not receive a copy hearing order...now I received it with the advise that the claim had been struck out completely. I am going to take a look at a the POC but it looks identical.

 

The order I received was on a single piece of court headed paper, is that all you would normally receive?

 

thanks

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DonkeyB

DonkeyB

Posted
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Can you clear a couple of things up?

 

1. Was the case struck out without a hearing, ie. neither you nor they attended court?

 

2. You received a notice from the court that the case was struck out?

 

3. They are claiming not to have received a copy of that notice?

 

If this is the case, they are telling fibs.

 

Because if they claim not to have received that notice, they would be of the impression that the case was stayed, would they not? There would be no need for a new claim – just an application to lift the stay.

 

The judge will love this...

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foolishgirl

foolishgirl

Posted
Posted

 

3. They are claiming not to have received a copy of that notice?

 

If this is the case, they are telling fibs.

 

Because if they claim not to have received that notice, they would be of the impression that the case was stayed, would they not? There would be no need for a new claim – just an application to lift the stay.

 

The judge will love this...

 

They may well be telling fibs DB but I can't agree with you that the judge will love it. I suspect that they may get leave to have the case dealt with again :x

 

There is a similar case here - a salutary tale:

http://www.consumeractiongroup.co.uk/forum/showthread.php?210585-Claim-struck-out-can-creditor-make-new-claim-Well-they-have-issued-new-claim.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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DonkeyB

DonkeyB

Posted
Posted

I understand, but my point is one of logic - I meant the judge would not be impressed by what would clearly be a lie, if the facts are as stated. As for the judge lottery... we need the OP back here, sharpish, so this can be challenged asap.

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  • 2 weeks later...
Hedman87

Hedman87

Posted
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hi guys,

 

Sorry for not replying sooner. I have now acknowledged service of the claim...and looking to see what angle I approach this from? Do I need to submit the same defence? The POC is the same...and I have sent a copy of the struck out order from the court to them.

 

thanks

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nicklea

nicklea

Posted
Posted

Have you read the link that foolishgirl gave you above?

 

There is plenty of advice there. This is on the very first page:-

 

Assuming the second claim mirrors the first, the proper thing to do is to submit a Defence pleading all that may be available by way of defence (there may be an issue over the default notice I gather) plus a plea of res judicata and that the cause of action now relied upon merged with the order striking out the claim which was not appealed and remains the decision of the court on the set of facts forming the second claim.
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pumpytums

pumpytums

Posted
Posted

Hi,

I had a account sold to a well known DCA they went to court and discontinued, I file a defence too.

 

The original OC has repurchased the account allegedly (I have no NOA) and reissued through Northampton.

 

How do I go about asking if they have requested permission?

 

Thanks

 

Pumpytums

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