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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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EDF - Warrant of Execution Query


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they are required by law to read a meter every 24 mts or better.

 

 

unless they have been refused entry

or their letters have been ignored

to be met at the premises to allow such

 

 

that's the only way they can justify meter removal

or if they think its been used for illegal purposes

 

 

if its their fault its not been read

you have them

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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Even if your utility meters are in a part of the building that you don't normally have access to, I believe that you are entitled, by law, to inspect, and read them yourself.

 

It may require you to arrange the visit with the owner of the building, but I believe that it is your right, and I'm also quite certain that you cannot be charged for the visit.

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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  • 5 weeks later...
  • 7 years later...

Edf set up a payment plan at £x/month.  This was to cover old usage, not current usage. There is no current usage as property been unoccupied/ power turned off during all pandemic.

Monthly payment is small but it has been paid without fail every month. Manually on the allocated day, not by direct debit

Edf stopped the payment plan once for no reason.  After a complaint it was reestablished and payments have been made ever since every month as normal.  Yet Edf cancelled the plan again at Christmas without any reason.

 

Edf sent a letter advising they had stopped the payment plan  and that within 8 days someone would turn up at the property to discuss the debt and install a new meter.   I was shocked at the speed with being aggressive and suggested direct confrontation. 

I called as soon as I got their letter.

When Edf had set up the 1st plan they had sent sheets advising what day the payment had to be made over the next few years until the amount would be cleared.  When they incorrectly cancelled this plan the new plan they set up was bizarrely only for 6 months. I didn't know this. The 6 months ended at xmas.   

 

On the call Edf then said if a customer has had 2 cancelled payment plans they aren't able to set up a 3rd payment plan.   They wouldn't listen that it was them who had cancelled the plan.  I had been paying correctly.

I reiterated that a) I needed the payment plan b) it wasn't possible to install a new meter/ pay-as-u-go meter.

But the person I was talking to had no authority to set up a plan so we ended the call.

 

A couple weeks later someone from the Edf debt team called.  I had a long conversation - reiterated what I'd said in the 1st call.  They said I could do direct debit but the amount would be divided by 12 (for 1y) - and that would be unsustainable for me.   They were trying to pass my account to debt collection company.  I had to cut call short.  In the space of a few days I had 12 missed calls from Edf. Followed by an email.    I will reply to the email.

 

I just want my payment plan at the original agreed level reinstated.  Any ideas on how I "demand" this ?

 

 

 

Edited by HP Mum
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You can't "demand" it.

 

You can, however, point out (since you are no longer at the property and they won't be able to collect the debt from there, (even if a pre-payment meter is installed), that:

a) their only way to obtain repayment other than the agreed plan is to take county court action, (setting DCA's on you won't add anything for them)

b) if they do so, you'll propose a Tomlin order for the previously agreed sum, so they'll be no better off for doing so,

c) if they still proceed with trying to obtain a CCJ you'll bring all of this to the attention of the court, including them cancelling an agreed payment plan ..... risking them not being able to obtain the CCJ nor enforce

d) if they do bring court action, you'll highlight the fact that the property is unoccupied to them, and ask the court to disallow any claim for the costs of installing a pre-payment meter that they might try to have added on, and then........

e) even if they then DID obtain a CCJ they'll be no better off, as you've been making the payments you can realistically manage, and that is all a court is likely to insist on.

 

Then leave it over to them...... if common sense prevails, all well and good. If it doesn't, it is their look out.

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  • 4 weeks later...

After 30 missed calls,  4 WhatsApp  texts, and 6 emails from this junior I checked out Edf complaints process. Turns out it's possible to send an email to the CEO.

An apology and payment plan reinstated very quickly!

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