Jump to content


  • Tweets

  • Posts

    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
  • 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
      • 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

Warant of entry need advise


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4160 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

 

Can anyone help me on the correct procedure for Eon (electric) have to do to gain a warrant of entry,

 

Also what is the procedure after the have gained the warrant, and come to the property.

 

Thanks in advance

 

Leakie

Link to post
Share on other sites

Hi Leakie

 

Applying for a warrant is a last resort where we're unable to make suitable arrangements concerning an outstanding balance on an account. Before we go down this route, we'll make many attempts to contact the customer. This includes phone calls, letters, emails (where appropriate) and home visits.

 

The intention of this contact is to see if there's a way of resolving the matter without applying for a warrant. We can look at various payment arrangements to try to spread the outstanding balance over a manageable period.

 

If this isn't possible, we'll offer to install a prepayment meter. The debt can then be set on the meter to be collected at an agreed rate each week.

 

It's better if we can do this with the customer's agreement. Going down the warrants route will lead to further costs and these are added to the customer's debt.

 

Should the above fail, we'll then apply for a warrant to fit a prepayment meter. If granted, we'll visit the property with a locksmith and fit the meter.

 

If the customer isn't present, we'll leave information at the site explaining how to use the meter. The debt will be set on the meter to collect at £10 per week.

 

However, we'll only continue to fit a prepayment meter if it's safe and practicable. For instance, if there's a particular form of vulnerability at the property, we'll not continue with the prepayment option.

 

A letter will be sent confirming the total debt and weekly repayment rates.

 

Hope this helps.

 

Malc

Link to post
Share on other sites

Thanks for the reply

 

 

Should Eon sent me a letter telling me, The date,time and at which court if I wished to attend?

 

Also after obtaining the warrant do Eon, need to notify me what day they are coming and an approximate time,

So some one could be in?

 

Leakie

Link to post
Share on other sites

Thanks Malc

 

I did not receive this letter,

The only paper work I received was from the Eon Rep who knocked at the door when my wife was in.

He had written the date of the court but nothing else,

I would have gone to the court as I was sorting things out with Eon,

I had stated that I would have had the PPM to avoid the extra £250.00 that you charge.

 

With regards to turning up with out notice, can I ask why this is because it would be better if some one was in .

Also are the Police meant to be with your Representative,so they can gain entry.

 

Leakie

Link to post
Share on other sites

Hi Leakie

 

Whether or not we involve the Police very much depends on the circumstances of each individual case. If we believe there's a significant threat to our people then, yes, we will involve the Police. Where we don't envisage any problems, we won't bother the Police.

 

Similarly, we don't give dates/times because it alerts those who mean to cause problems.

 

Not saying any of this applies to you Leakie but, unfortunately, past experiences mean we need to take certain precautions.

 

Malc

Link to post
Share on other sites

Thanks Malc

You have been selective with your answers so far

I understand what you are saying regards the police, but if you know who the problem clients are there should be no problem notifying any one else.

 

My beef as such is I was not notified when and where it was going to court so I had no chance to have my say.

which resulted in extra added to my bill.

Is here any thing I can do about this with Eon customer services or do I need to take my complaint further

Thanks

 

Leakie

Link to post
Share on other sites

I appreciate that this is a distressing situation for the OP.

 

My experience is that energy companies go to great lengths to make contact with consumers who are in debt.

 

This contact ranges from letters to doorstep calls and can go on for months if not a year.

 

Warrants really are the last resort and even then, no action may be taken.

 

At that point police are not required unless the warrant holder is obstructed in his duty.

 

They may enter ,fit ppm/disconnect or collect payment if it is tendered.

 

No one is entitled to a credit meter and energy suppliers need only extend credit to those who fit their criteria.

Link to post
Share on other sites

Well Dilettante

 

This was not my experience

They did not follow procedure.I want to check if they did, And I am sure they did not,

as I was not notified of the court time and which court, as I would have attended.

I was in the process of sorting this out,

only a small payment was needed, they were to inform me the exact amount,

 

But they went ahead and obtained a warrant at an extra cost too myself.

 

Thank you for post informative

Do you work for one of these companies???

 

Leakie

Link to post
Share on other sites

Hi Dlettante

 

I was not suggesting you had a hidden agenda,

 

You seem very knowlageable with the way thing are done,

 

I wanted to make sure that the book was followed,

I have had dealings with Eon before,

The meter reader was reading the rates the wrong way round,

So my bill would increase, when they realised.

I rang them, to let them know what was going on,

and was told that I was wrong they do not make mistakes.

Eventuly I spoke to some one who would listen,

then back dated 4 years of readings and wanted the money instantly.

 

not happy as you can guess but that is in the past now

I do not trust Eon

I just want to pay the correct and fair amount.

 

Leakie

Link to post
Share on other sites

Hi Leakie

 

You can certainly follow our complaints process. If, after 56 days, you remain unhappy with our explanation then you can refer the matter to the Ombudsman for an independent review.

 

If we're at the warrants stage, there'll be notes on your account detailing the actions we've taken. You can ask to see these notes under a 'Subject Access Request.'

 

Although we charge £10 for this, it will give you details of letters sent, addresses sent to, dates etc.

 

Malc

Link to post
Share on other sites

Hi Malc

 

Thanks for your reply

 

Well apparently My complaint was looked into and was closed but no one had told me,

 

I Kicked up a fuss and now it is being looked at again by the right people.

it was only because I insisted that it was reopened

How could they investigate with out getting the fact from the person who complained.

 

The thing is I was trying to get info from Eon to put in an official complaint.

 

I have 3 issues 1 is this thread,

 

All of a sudden I am now being kept informed of whats going on,

2 phone calls in the space of 2hrs.

 

I think if I had not insisted it would have been swept under carpet

 

In the past I would have let it go.

I will take this further if the explanation of there final response is not satisfactory.

 

That does not mean I will go further if my complaint is not up held.

 

Leakie

Link to post
Share on other sites

Well I Had a result

 

I was correct they had not followed procedure,

 

They have now withdrawn the warrant fee,

 

I just goes to show that you should not just accept the first response if it goes against you.

if you have done your research correctly be persistent but polite.

 

1 complaint upheld

2 being checked out.

 

Leakie

  • Confused 1
Link to post
Share on other sites

  • 2 weeks later...

I was very interested in this thread as Eon just turned up out of the blue when I was at work, and an elderly relative was staying at mine. They stamped all over my garden, frightened my Aunt nearly to death, and apparently stood around laughing with the locksmith in the garden. All this for a single woman, normally living alone.

 

They are dreadful bullies and now my debt to them is paid I will switch to another provider - even if I have to pay more for my electricity. This is the thanks you get when you stay with a provider for 30+ years and get into financial difficulty.

 

And no point in complaining. The stick together and talk to you as if you are an imbecile!

 

Dreadful people.

Link to post
Share on other sites

Well I have had all 3 complaints resolved,

 

1 I got the warrant fee back, ( they admitted that they did not follow procedure)

 

2 Bad langue from there installer, an off the cuff comment when he thought I was out of earshot,

If he had said it to my face he would have been down the stairs and through the door before it had opened.

My word against the Eon operatives (verbal warning)

 

3 Incorrect meter readings possibly a faulty meter ( Partial refund)

 

All of the above were only resolved when I refused to close the complaints and when the managers got involved,

Before that I was being fobbed off.

 

I also stated that I would take this all the way to the ombudsman, and Ofgem, and I knew that it would cost them for each complaint.

 

May be a little blackmail

 

Overall I am happy with the result.

 

Moral is don't accept the first resolution unless you are happy with it. if not don't let them close the complaint.

 

Leakie

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...