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    • Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document. 4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either. 5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided. 6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
    • Hi WoodDD.. Neither Case was cited in the VSC WS... however, MR D form VCS threw in VCS v Ward & Idle for the Judge to consider during the hearing. The Judge did not have time to review this. I believe he may have had a quick scan but decided it wasn't relevant at the time.. By not relevant, he didn't elaborate if it was not admissible or anything else..   Hope this helps..   Regards Tom     
    • Can I  ask what you mean by "... they recommended a firm... "?   I ask because I'm a bit surprised that Social Services are even allowed to do that.  (I may be mistaken and that this is common practice, but it seems a bit odd to me).   If they did do so and the work has turned out to be sub-standard and unsatisfactory, I would have no hesitation in making a formal complaint to the council and also to my (or your friend's) local councillor(s).  You acted on the council's recommendation and you should have a reasonable expectation that the firm recommended should be reliable and professional.  I would also insist that trading standards be asked to investigate this firm.  (Where I live our local county council trading standards department runs an approved trader database).   A complaint to the council might not directly assist you but it might help to prevent others being taken in by this firm.
    • Hello Susan, welcome to CAG.   Hopefully Paul Walton will see this message and reply to you, but it would also be a good idea to start a new thread of your own so we can advise on anything else connected with your refund.   Best, HB
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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.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      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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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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British gas and electric alleged debt from past due credit


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In 2009 I moved house and ended all my power bills,

 

the other day i received a letter from Past Due Credit Solutions referring to me owing for gas and electric for the old house.

 

When i moved in my new house in 2009 i set up my new gas and electric bill with British gas

and nothing was mentioned about this.

 

as far as im aware they are trying to charge me over

 

when i moved out and part way of the new tenant being in there.

 

but i think they will continue perusing me for this what shall i do.

 

so far i have sent this.

 

I do NOT acknowledge any debt with your company.

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to British Gas.

 

I am familiar with the Office of Fair Trading debt collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully

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contact BG directly and ask

 

if they've not billed you in the last 12mts

 

they cant now back bill anyhow.

 

PDC are speculators on this type of debt

 

whatever you do

 

DO NOT CALL OR PAY PDC

 

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... 

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contact BG directly and ask

 

if they've not billed you in the last 12mts

 

they cant now back bill anyhow.

 

PDC are speculators on this type of debt

 

whatever you do

 

DO NOT CALL OR PAY PDC

 

dx

 

Would they not thing i was confirming the debt with them??

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Not at all, you are simply asking a question.

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re:

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... 

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So I sent the above letter and there response was

 

I write in response to your recent correspondence.

 

I understand that you are in dispute over the aforementioned account.

 

Before we can contact our client we require evidence which shows that you are not liable for the outstanding amount.

 

I will place your account in hold for 28days.

 

Please ensure that you send us a copy as we may not be able to return your documents to you.

 

If you require further hold or are unable to supply evidence please don't hesitate to contact us.

 

I asked them for evidence can someone say how to respond please. Thank you

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two word

 

2nd is off.

 

ignore them

 

it is NOT for them to decide but the OC .

 

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... 

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that's al they can do

 

send threat-o-grams.

 

something smells here

 

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... 

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