Jump to content


  • Tweets

  • Posts

    • 1.The Defendant contends that the particulars of claim are vague and generic in nature. The claimant even fails to refer to an agreement number. Therefore 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 2 is noted. Whilst I have had dealings with Barclays Bank UK PLC given that claimant fails to refer to an account number I am unaware what agreement the claimant wishes to rely upon.   3.Paragraph 3 is noted although without knowledge of which account the claimant refers to I can neither admit or deny the receipt of a Default Notice pursuant to sec 87(1) CCA1974 being received.   4. Paragraph 4 is noted but again as above I am not aware of what agreement the assignment refers to.   5. On receipt of this claim I requested information pertaining to this claim from PRA group (UK) Limited by way of a CPR 31:14 request sent via 1st class recorded post on 06/06/2024 and further to the above I sent PRA group UK Portfolios Ltd a section 78 request via 1st class recorded post on 06/06/2024.   To date, PRA Group Uk Portfolios Ltd or PRA group (UK) Limited are yet to furnish me with the requested information  and therefore prevented from enforcing the alleged agreement.   6.Therefore with the court’s permission the Claimant is put to strict proof to evidence and :   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   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.
    • Not really as long as its relatively new and similar and post Pre Action Protocol changes. 
    • Obviously they have a problem in their system.   .
    • Scan redact and upload copies...they will be required to check as the claim progresses.
    • Topic title amended and moved to Financial Legal Issues forum. Please read the following  link carefully and follow the guidance. Copy the Q,s and paste your response back here for further advice. Andy
  • 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

Scottishpower DD adjustment


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3990 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

ScottishPower DD Adjustment

 

Hello all, i was wondering if someone could give me some advice before i approach scottish power with the issue.

 

I have been with scottish power for a few years now,

and recently moved house on the 3 february,

 

the property was with e.on and we took scottish power with us,

 

when i called to transfer my account i told the women that i couldn't afford anything above a £65 DD a month

and she assured me that in the last two years my dual fuel consumption worked out at £55 a month when broken down throughout the year,

and she also said that as we were moving from a house to a flat then the monthly price would definitely not go anywhere above that figure,

 

my direct debit was worked out at £51 per month and she again assured me that as the usage goes up at winter

and drops in summer then there would be no need for it to be increased as it evens out throughout the year.

 

so after submitting meter readings i get this email...

 

"Your monthly payment

 

Your new monthly payment is £86.00.

 

We'll start to collect this by Direct Debit from 01 August 2013 and on the same date every month after that unless we notify you otherwise.

 

There's no need for you to take any action, but if you have any questions about your payment amount, you should contact us at least five working days before it's due."

 

also as the account was switched from e.on to scottish power the energy calculation is for a few weeks more than a standard quarter

and the electricity and the gas was switched at different times, so im confused as to how the can calculate such an increase.

 

I will contact scottish power for a break down and see what exactly is going on but if someone could give me some advice that would be greatly appreciated.

 

Tenant87

Link to post
Share on other sites

we have SP onboard here

 

I will alert them for you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Oh i should say that now we put a reading in each week and pay litteraly what we have used by Debit Card each month, so far have not had to pay more than we were paying by DD so how they can justify an increase is beyond me, this way they cannot stockpile the cash themselves to further boost their sky high profits!

Link to post
Share on other sites

Hello I have sent my email as requested and haven't any reply or acknowledgement from Scottish power? Is there anything that can be done?

 

Tenant87

 

Hi Tenant87,

 

Hopefully the Scottish Power Rep will pick this up today, I've sent them a pm.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...