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    • Can anybody advise me please?   Been living in rented accommodation for over 11 years, old landlord who leased property with his shop has now left and so agents have become my new landlords, so gave me a new contract.   I'm really nervous as not sure what my rights are and could I get evicted as new contract says short term, 6 months.
    • It's the only way to proceed, he has to prove irrevocably that he gave me that information, and agreed to it, which he cannot do because it doesn't exist. Not only that, he sent me a trade sales invoice, other than that you're pretty spot on.
    • Sorry - need to put my glasses on!   I think you and the other posters have been at cross-purposes because they haven't followed what you are trying to argue.  You aren't arguing a fault etc with the car, you simply want to cancel it as a distance sale, and because the vendor did not provide the necessary cancellation information pre-contract in a durable medium, you are saying that you therefore have 12 months plus 14 days to cancel AND that the vendor has to pay the collection/recovery costs.   Although I understand that argument, I don't know if that's the best way to proceed or not.   I suspect not many people have tried to argue it with second-hand cars.  And that might be, for some reason I don't know, that it's a non-starter or it's too risky.
    • No, not all all.  It's up to them to prove you were the driver.  Well done in not telling them!   Remember in all this you are legally in the right.  Their parking fee was paid.  You're not trying to "get out" of something you owe.  They are in the wrong as far as the law goes.   So how about sending them something like -   Dear BW Legal,   cheers for your Letter Before Claim.   I don't earn owe your clients a bean, indeed your clients owe the driver of the vehicle who paid the parking fee - twice.  It is your clients' responsibility if the machines they buy second hand on eBay don't work properly because they're too tight to pay a technician to maintain them.   Your clients also gave me to no right of appeal or of paying a discount in contravention of their own industry's Code of Conduct.   You can either drop this foolishness now or your clients can get a good hiding in court, both are fine by me.  I fancy a winter holiday and I fancy financing it by an unreasonable costs order under CPR27.14(2)(g).   COPIED TO NCP   The reason i say to send to NCP too is because unscrupulous solicitors are well into their clients starting claims which are bound to lose, after all they get the £££ in any case.
    • appeal one has ref number showing other pix to screen removed please use PDF only     dx
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    • I’m in desperate need of help
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
      I’m literally at the end of my tether and don’t know where to turn next !
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

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Hi all,


I have been living in a rented house for a year and 8 months, and was living with my ex here for a year and 3 months of this.


When we moved in, we were told we had to go with Spark Energy for our electricity and gas (I assume they have a deal together). The agents had submitted meter readings, and we also supplied them several times from day one.


We didn't receive a bill for quite some time, so called them to find out what was happening. Every time we called to check on our account, we were told that because we had overpaid our previous utility supplier, our account was in credit. We said we didn't want to be stung by a huge bill in the future because they have made a mistake, and again they tell us everything is in order.


Fast forward to a few weeks ago, I receive a bill for £170. Figuring the credit was gone now, I paid it immediately. The very next day I get a letter from a DCA demanding payment, and another letter a couple of days later saying that they had been to my door to collect the money but I wasn't in.


I sent them an email and they confirmed it was a mistake, but after looking into my account, I now owe them £850 because all of the staff that talked to us before were wrong. Apparently their initial start read was wrong, so it left us in credit when it should have started at 0.


I am now being pestered daily and they tell me I have 2 more days to pay before they pass the debt on to another DCA.


I found over 70 reviews of them on review centre and every single person had this happen to them!


I suppose I'm writing this more as a warning to people to stay away from them, as I'm sure they have me in a choke hold with this and I have to pay them. Not a good time really when I am absolutely penniless and Christmas is just around the corner! :!:

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  • 3 weeks later...

Hi Lucky


You would not be liable for the full balance on the account due to the Energy Retail Association Billing Code. Where an energy supplier is at fault, they can not back-date charges more than 12 months, therefore 8 month's worth of this balance, minus the payment you have made, must be written off.


Contact Spark energy, and state that they have a duty to investigate meter readings being received if they are out of line with their estimates. You have done everything you could have possibly done to avoid incorrect billing by telling them the meter reads and even tipping them off that there must be some kind of mistake. You clearly dispute the debt balance and whilst the debt is disputed it cannot be passed to a DCA under OFT guidance on debt collection practices.


Once the billing is correct, they must also offer you a repayment arrangement to cover the outstanding balance and your ongoing usage. Do not make any further payments until the balance has been corrected as this will be deducted from any amount written-off.


If you need more help with complaining, do not hesitate to contact me again!


Oh, and btw Ofgem do not deal directly with consumer complaints

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Guest Old_andrew2018

hi Nottslad I do not have a link for ofgem can you post one






Edited by old_andrew2007
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