Jump to content


  • Tweets

  • Posts

    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like
  • Recommended Topics

BT Connections & Billing


KarlG
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4574 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

I will try to keep it as short as possible as it is my first post :)

 

In October last year my Fiance' & I moved home. Regular contact with BT was made due to an outstanding balance on our account which was to be transferred to the new address and a payment plan to be set up.

 

We WERE informed that there would be no charge for setting up the new linedue to my fiance' kicking up a stink (go girl!) and refusing to pay the fee.

 

Once settled into our new house, I contacted BT to arrange to get a broadband package (Home Hub). No problems. Hub was delivered when they said it would. But then I set it all up.....

 

It didn't work at all. I called BT who advised the line would not be activated for Broadband until midnight. So, being the nice guy I am, I gave them the benefit of the doubt.

 

Next day, still no Internet working. I called BT again and was advised that Hub must be faulty and a replacement would be sent. I wasn't happy, but relieved that something was being done.

 

A couple of weeks later, the new HUB still hadn't arrived. However, on the off chance, I plugged the first HUB in, and miraculously it worked.....sometimes!!!

 

I forgot about the 2nd HUB they were meant to be sending until one random day (around 2months after being told it would be delivered) I came home from work to find a new HUB stuffed under the hedge by my front door. Being very confused, I called BT, they told me to just use the new HUB and that they had record of it being delivered around 6weeks before!!! Confused yet???

 

I left it at that, used the new HUB and broadband worked fine.

 

Now I have been Cut-off for not paying my £486 bill which has just come through and is the first letter from them since I moved in nearly 6 months ago. I have tried explaining this to them and it also is showing on my bill as two Broadband packages!!!

 

They do not seem interested. I can no longer call them as they have cut-off the phone line. The only way I can contact them is by using a neighbours wireless connection via BT's "Live Chat" tool.

 

The lady I spoke to in the "Live Chat" was useless. She told me there was only broadband package on the account and that the bill was the amo0unt it was because it had not been payed since May 2009!

 

I'm at the point where I just don't know what to do any more. I have recently been made redundant and I am struggling to find a job. Without the phone or interent it is even harder to find a job!

 

I'm sorrry for the essay, but if anyone has any advise and/or information it would be greatly appreciated :)

 

Thanks in advance

Link to post
Share on other sites

Welcome to the forum.

 

This kind of story is typical of the kind of nightmare scenario that lots of people find themselves in.

It spirals and the company - BT in this case simply close up, get defensive, see you as some kind of threat and because they are bigger than you they generally get their way in the end.

 

of course, you need to be ready for where this goes now.

 

You will get into an argument about the outstanding amount, BT will mark your credit file and start debt collection against you using all sorts of organisations that will simply assume that you are somebody who simply doesn't want to pay their debts. As soon as they receive your get file from BT, they will probably mark your credit file as well. After that, any time that you want to get credit, you will find that you won't be able to. If you do want to borrow any money then it will have to be at very excessive lending rates because you are such a poor risk.

 

Only a year or two ago you could have gone directly to the communications regulator and complained about it. They were very good. They would start off by telephoning BT and generally speaking they would have it sorted out the same day and call you back.

 

Now the OFT have invented Consumer Direct. This is a new buffer zone and barrier to getting things done quickly and directly with the customer services department of the company that you are trying to deal with. They also seem to be very limited and quite defensive and also want to channel you off into some procedure.

 

It is all very exhausting. The company wins: the customer loses.

 

If you want to take matters into your own hands, you can deal with it quickly and efficiently that you will have to be prepared to issue a call claim. If you are prepared to do that then stop reading and just go to Consumer Direct.

 

I would suggest that you write a letter to British Telecom outlining in bullet points everything that has happened so that it is very clear to anyone who reads it -- especially a court (because this is where it will go).

 

Lay out very succinctly what solution you want and then tell them that you want a reply within 14 days.

 

If they don't respond - meaning if they don't respond completely positively (and they won't) then send them a 7 day LBA making it clear that you will sue them in the County court.

 

If you are only bluffing about this then don't bother to make the threat. Don't for a moment imagine that by sending the 14 day letter that they will get frightened and sort things out. They won't. The real purpose of the 14 day letter is to get everything done in writing and to show the court the details of your case and also to show the court that you have tried to enter into proper reasonable dialogue with them.

 

If you try to bluff them, or if you don't carry out your threat exactly as you have made it, then you will lose all credibility.

 

At the end of the seven days, you simply issue a claim for breach of contract. It is clear that BT have a contract with you to provide certain services and also to run your account correctly and accurately. They have not done this.

 

I rate your chances of winning in the County Court at better than 95%

I rate your chances of getting a result without a County Court claim at less than 10%

I rate the chances of them receiving the claim and then sorting everything out in order to avoid legal action as better than 75%

 

Starting the claim is cheap. You will get your expenses back. Once BT have received the summons, watch them leap into action and start the whole dialogue with you. You will think that it is magic!

Link to post
Share on other sites

Thank you sooo much BankFodder :). That is enormously helpful. I am now currently writing my letter to BT. Yey!!!

 

However, I am still unsure as to some of the points you mentioned.

 

Would I need a solicitor for the latter stages of what you have explained? I have never had to go to court before so the prospect seems a little daunting. But if I can be confident about what I am going in for then I don't think I would have a problem.

 

Also, what is a LBA? It is not something I believe I have come across before.

 

Finally, in my letter to them, do I ask for the charges that have been added on there for installation & for the second broadband package to be refunded?

 

All I want is to be able to have my phone & internet re-connected and to be billed for the correct amount. Is this what I put to them.

 

Apologies if any of this is actually solved with common sense. I have never really been put in this position before, where I am effectively being told by BT that I am lying. It infuriates me in that it seems that there is no-one there that cares.

 

Thank you again so much for your help, it is greatly appreciated :)

Link to post
Share on other sites

  • 1 year later...

Hi Karl G

Sorry this is a year late hope you got a satisfactory result with BT. I did.

Took Them To Ofcom (Obusdman) It Took us two attemps but after paying £10 to Bt to get your transcript ( all call recorded from yourself to BT) the Obusdman re-opened our case. 18mths of hassel but worth it . we still waiting for Bt to communicate with our compensation...ironic as they ment to be a communication company . In future remember as ive learnt via a solisitor You can always appoint issues to your local MP. That will be my next step. I wont let any BIG company think they can Bully Me LOL

good luck anyway

sarah

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...