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    • ouch you really have been flying kites here and letting the claimant control things. it is worrying that the sheriff has tried several times to nail you about this (factious) payment,  but its also lucky and interesting to see he has not shut the door on your new issues . typically the situation you see yourself in, is one that we put the claimant in by our std defence (that you are reading now)    i think a bit of crawling is now in order( for want of another word) and it needs to be made 1000% clear to the sheriff ( even if by a little white lie) that it transpires there most probably never was any settlement made to HBOS by the ex   some vague explanation that he has confirmed he never did, and bring in the fact that he is a currently deployed by the UK military forces abroad we believe and communication has been to put it politely very difficult due to the nature of his deployment..it might also now be time to mention the mental issue ( with proof) , your daughter suffers from and how these obviously contributed to the situation and p'haps of being thus exploited by the EX whom if one were to be honest m'lud, is a bit of what someone would describe 'as a rouge'.   then your defence focus needs to switch to  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand/Recall Notice and Notice of Assignment. © Provide a breakdown of the excessive charging/fees levied to the account with justification. (d) Show how the Claimant has reached the amount claimed. (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   particularly a.b.c. explaining in concise but brief detail why each if not produced , is fatal to any enforcement of an OD debt claim   have you yet included  The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.   in anything to the court to date.        
    • Re a possible s75 claim - is your Amex card a credit card?  I ask because it certainly used* to be the case that some American Express cards, although commonly described as credit cards, were actually charge cards (where you had to pay the whole of the outstanding balance at the end of the month) and were not credit cards - and therefore not eligible for s75 claims.   *  I suspect that these days all AmEx are credit cards, but you might want to check to be sure.  If it isn't a credit card you might want to consider what you use it for.
    • In reply to your earlier message, the payments were made regularly to the S/C and A/C that I provided.  The payment was always made to this account for the card using the PAN number, however the error payment was made without any reference to the same. Lloyds bank changed the reference number from the PAN of the card to 2686XXXX not sure who changed it to this if it was Lloyds or Lowell or when it was changed.  Then subsequently Lowell changed the A/C number again to their one that they quoted on the POC.    All I can ascertain is that the payment was made from Santander to the A/C above in error but after Lloyds had sold the Debt and Assigned it elsewhere. However, according to Santander the payment was made with no REF number sent with the payment.   I also received the order from the court yesterday which I have attached. There are several items that the court is asking to have for the hearing but haven’t had anything from the Claimant.   What is the best next course of action as the court is asking that we attempt to resolve this before the hearing?   Court Order.pdf
    • Car value apparently £2200. ( post #3 )   Car hire possibly £3000.   Wonder why the third party Insurers Admiral are refusing liability to pay !   Not sure ths is really about who is at fault for the accident, but is more to do with AX and their expensive courtesy car.   Pretty sure this claim would have been settled by Admiral, had the Sister dealt with this claim not using AX.   Think that a complaint to AX should be made, but possibly after sending them an SAR to request all information including any phone call recording where any courtesy car was discussed.    
    • Hi again, just a quick update.   The collection has been arranged for tomorrow, 6th March, the refund will apparently be processed after collection is done and should be completed within 5 working days.   Will let you know when it's completed...    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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We'd like a picture of the meter please

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A letter to your MP would also be a good idea - not least because it would help to stir it up even more.

 

By the way, where are the Npower customer reps? They don't even seem to have looked in on this thread. A wast of space. Rather the same attitude as their company

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I think they haven't been around for some time. If NPower's customer service standard is rubbish, then they figure it wouldn't serve any purpose trying to resolve some customer complaints against the huge number of complaints.

 

They are too big to fail. They get churn, customers who migrate to them.

 

A letter to your MP would also be a good idea - not least because it would help to stir it up even more.

 

By the way, where are the Npower customer reps? They don't even seem to have looked in on this thread. A wast of space. Rather the same attitude as their company

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Too big to care

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Hi

 

Tried letter to MP last year

- he said he could not get involved if it was going to Court??

but he was sorry to hear of my plight?

He used to be the energy minister before he was booted out of the cabinet.

 

Went to the Magistrates Court today

it was quite stressful but the guy was quite friendly.

 

 

Told me that N Power were "not very nice"

told me about some poor family that cannot read their meter as it is placed too high,

are on benefits and N Power are demanding they pay £200 per month?

 

 

It was well worth going as he said that if I (or my mate The Occupier) had been on the list

and I said it was in dispute then the Magistrate gets quite tetchy and throws it out

and said anytime there is a dispute don't bring it before me.

 

 

It has been a long day.

Had to wait ages and ages.

 

 

Then my car broke down on the way home, aghh, it never rains but it pours!!!!

 

Thank you to everyone for the support, it is really, really appreciated.

 

PC

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So has the Warrant been thrown out ?

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Hi,

 

Luckily although Richburns had sent two threatening letters with the hearing date on N Power must have cancelled it at the last moment as they had no paperwork to support any warrant. The agent from Richburns was the one who told me that any time there has been an Account in Dispute the Magistrate throws it out and says "Don't put these before me, get it sorted!" He also said it is always worth going as you never know whether or not they have got their act together to put a stop on these things in time.

 

PC

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My experience of the energy ombudsman is that they are a complete waste of time. I wrote to them several times and provided tons of evidence in the form of copies of correspondence etc. The Information Commissioner appears equally useless. All the authorities were useless. Court gets results albeit it can take a while to get there. Worth it though.

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My experience of the energy ombudsman is that they are a complete waste of time. I wrote to them several times and provided tons of evidence in the form of copies of correspondence etc. The Information Commissioner appears equally useless. All the authorities were useless. Court gets results albeit it can take a while to get there. Worth it though.

 

I agree completely with this. The so-called regulatory authorities is effectively simply another channel which helps to dissipate anger and dilute challenges. County court action is the only way.

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Hi,

 

I wrote to Npowers Executive Complaints Team just requesting that they answered some questions that I have never had the answer to. I sent a copy to Paul Massara. I received a reply, not from the Executive Complaints Team but from the paralegal (Legal department) not answering the questions but a rather rude letter. I replied saying that I have every right to request answers to questions with regard to my account or rather accounts and, anyway, the letter was addressed to the Executive Complaints Team not you. He came straight back with:-

 

"… You can explain to the Court your version of the facts, which you have done previously yet are misguided enough to see the dismissal of your claim as nothing more than an inconvenience. It is perhaps for you to realise your position and seek independent legal advice.‬

‪Yours sincerely‬‬

‪ ‬‬

‪Kenneth Radley-Davies‬‬

 

I think the expression is "up your own ……… Mr Radley-Davies"

 

I will send the same letter again to The Executive Complaints Team tomorrow by snail mail with another copy to Mr Paul Massara. I wonder if they will just forward it to my favourite person at Npower?? I would like a reply to my questions? Is he too afraid to answer them or doesn't he know or should I say care? I purposefully stated that I did not need them to investigate (as they said they would not investigate anything to do with my account or accounts) but just reply to my questions.

 

PC:?:

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Please would you let us now the date of your request and also what the questions were.

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CEO's should be held accountable for the conduct of their coompanies towards consumers, in an ideal world, court claims should be lodged against the CEO of company. That will make the CEO take note.

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Hi, Npower have never ever answered these, among other questions - but I thought I won't make it to complicated for them. I sent a copy to the CEO, it was addressed to the Executive Complaints Team -

 

Sent the questions on the 19th November, the questions were:

 

Question One: Why, when the meter was new in December 2008 with a reading of 00000.0 (A meter provided by Npower) with a first quarterly reading of 01229.0 acceptable to Npower as a correct reading (this being a fairly normal winter bill, if a bit high for us but it was an estimate using the usage from a faulty prepayment meter). Npower changed us to a credit meter on 3rd December 2008. Why all of a sudden Npower are trying to say that the meter would have read 12290 for a quarter that is TWELVE THOUSAND TWO HUNDRED AND NINETY kWh in three months? That would equate to approximately FORTY-NINE THOUSAND UNITS A YEAR? Over 6 years my meter read would read 294960 by now? (it does not it reads 09062.0)

 

(Npower misled the ombudsman by indicating that I was a new customer in 2011 with a starting read of 39431 the ombudsman letter says that Npower were unaware of the type of meter?)

 

Question Two: What is the reason for closing the old account when in July, 2011 we were told over the phone that Npower would stop the transfer to Scottish Power and our account would carry on as it was? (received a letter 2nd September 2011 having trouble closing your account???)

 

Question 3: In your letter to the ombudsman Npower accuse Scottish Power of giving a wrong four digit read for my meter – if this read is the read of 03759.0 it is correct as Npower’s customer services said it fell in line with all previous reads. Why did Npower use a read that did not fall in line with any previous reads?

 

Question 4: Why did Npower manually change all previous reads to fall in line with a longer read of 39431 – it does not make any sense at all. (both reads were Actual Reads taken on the same date 25/08/11) Please send details of where this read of 39431 came from?

 

Crazy - it is so frustrating that they cannot do simple maths going from that first read, what planet are they on to think that a domestic home could rack up twelve thousand units in three months - average for a family home with gas central heating and gas cooking is approx 3,300 per YEAR??

 

I feel like crawling into a hole, I tried not to let that horrid man upset me but after three years it is very difficult? Thank you again guys for being such a support. xx

 

Sent them a hard copy today.

 

PC

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  • 3 months later...

plucked chick, I don't suppose you have any update on this do you please?

 

Particularly would be interested to know if you had any further contact with this Kenneth Radley-Davies character.

 

Thank you.

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