Jump to content
  • Tweets

  • Posts

    • Jeff believes, like fish, chips and mushy peas, they are an integral part of this country's DNA. While Rachel argues that her 'free' account is being paid for by someone else. View the full article
    • https://www.dailymail.co.uk/news/article-8900129/Boris-Johnson-facing-Tory-revolt-new-lockdown-Furious-MPs-lead-backlash.html
    • I'm very sorry but this is very scant information and it certainly doesn't lay out the story in the way that I asked. Also there is absolutely no reason why you shouldn't identify the courier. as long as you are straight dealing and honest then it is better to bring things out in the open. we don't play secret squirrel here or get into any skulduggery. we are very pleased to help you and support you but you will have to lay things out in the open so can we can fully understand and provide us with the information that we have asked for  
    • Thank you BankFodder for the feedback and learning; here is the chronology which encapsulates the 'story'.  All parcels listed below were never delivered (for no apparent reason - the reason stated on the messages I received was that 'customer has no knowledge of purchases' ) by the courier who I'm cautious not to name in case there are legal implications for me personally. This matter is now in the Court system. I would be grateful if you could please confirm that you have seen the defence. Chronology Retailer Date goods ordered Date goods collected from retailer & promised for delivery by xxxxxx Comments / Breach of contract Holland & Barrett 23/09/2019 27/09/2019 Parcels not delivered – returned to H&B Debenhams 27/09/19 07/10/2019 Parcels not delivered - returned to Debenhams Holland & Barrett (re-order) 01/10/2019 07/10/2019 Parcels not delivered – returned to H&B Debenhams 29/09/2019 01/10/2019 Parcel not delivered - returned to Debenhams Debenhams 29/09/2019 01/10/2019 Parcel not delivered - returned to Debenhams Debenhams (re-order) 01/10/2019 07/10/2019 Parcel not delivered - returned to Debenhams
    • If you want to save us all a lot of time, you can tell us the whole story in a chronology without too much narrative including who you are dealing with. We really can't say if you have missed a trick until you lay it all out.   In terms of not wanting to bother us, - very noble, but it is less of a bother if you come to us first so that we can help you to get it right first go  
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 2179 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all

 

I owe £167.08 to Southern Water Services. This is for the full year.

 

It has been passed on to DCA and I am not sure what to do.

 

Option: ring southern Water pay off the ammount and not even bother contacting the DCA

and leave them hanging for their so called 'admin' fee of 45£.

 

Not had this situation before and any help appreciated

 

Attached is the letter received today 25th dated 22nd

 

thanks

 

BB

Link to post
Share on other sites

If you owe this money then pay it direct to Southern Water.

You are under no obligation to pay Shaftcroft...

 

They are just a DCA and do not own the Debt....

  • Confused 1

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

more-shaft haha I like it.... not!

 

Yes they are no better Southern water.

 

I have already paid the bill and SW (back in September). SW did not update their systems, therefore it was passed to DCA. They still were trying to get me to pay the £45 admin fee direct to them at SW, even after explaining what had happened.

 

I said this has caused me distress and I want compo for their incompetence. I have been running around going through all my files trying to find out what is going on....also could this affect my credit rating?

 

So the DCA Moor***** has been called off and a complaint has been put in with SW, the complaint turn around is 4 weeks. I may as well forget it now. Is it worth putting in a written complaint also as they could not even give me a reference for the call/ verbal complaint!

 

Thanks

BB

Link to post
Share on other sites

goto ofwat

 

 

dx

  • Confused 1

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

everything

 

 

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

try emailing the CEO. that what l done when the E&S water credited the wrong account as they did no properly close down the old ccount and transferthe details. Ok they admitted fault an gave us £30 after doing the job properly

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites
try emailing the CEO. that what l done when the E&S water credited the wrong account as they did no properly close down the old ccount and transferthe details. Ok they admitted fault an gave us £30 after doing the job properly

 

Hi GM,

 

many thanks for this, exactly what I was thinking.

 

I have the CEO email address: matthew.wright@southernwater.co.uk

 

I will be emailing tomorrow and recorded delivery.

 

K regards

 

BB

Link to post
Share on other sites

Don't worry about a recorded delivery letter the email should be fine. Expect it to be passed to a person lower than him but atleast u will get a answer.

  • Confused 1

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites
  • 2 weeks later...

Sorry to revive this thread.

 

I never did get round to emailing the CEO's office, however looking back I realise now this was a mistake.

 

Today I received a 'yellow' letter in the post. Exciting.

 

Well it was another letter from MoronCroft dated 02/11/2014. Still asking for the £167.08!

 

I mean are these people still not updating their systems!

 

I will write today any ideas about a higher compo as have had two letters now!

Link to post
Share on other sites

Dont appologie the problem is not over.

Anyway you can ask for time at £18 a hours, the Litigant in person rate under the county courts act, but you might not get.

 

I say that as every company has its own set rate for compensation.

 

When Anglian water failed to credit our account with £100 and spent a year arguing with me despite having plenty of evidence they were only able to credit me the £100 and £20 for compensation. it cost me more in letters and time than they gave me back but was not able to claim more.

Then when Essex and suffolk failed the compensated with £30 but even tho it cost me more l was not able to get more.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Rather than write to to them, why don't you simply send them a letter before action giving them 14 days and then start small claim. It may seem extreme – but actually it is the way to get them to listen and to get a reasonable compensation. I would suggest suing them for a moderate amount like £200. You would be suing them for breach of contract and also breach of the data protection act.

 

They will ignore your LBA but as soon as they get the court papers they will leap into action and eventually they will settle to avoid the hassle of dealing with the claim. It is only this kind of action which will make them listen, treat you as a valued customer and maybe look at the way their systems work. If this happens to be the fault of Moorcroft – then he will put them into conflict with Moorcroft which can only be a good thing

Link to post
Share on other sites

There is not a contract when it comes to water rates as these are payable by statute so wondering how the OP would show a breach of contract and how this can be evidenced in any subsequent action??

Link to post
Share on other sites

Kjun the companys always state contract so there must be one. Its a bit onesided

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Nope there is no contract when it comes to water rates,

these are payable by statute pursuant to the Water Industry Act 1991 (s) 142, 143, 144,

hence my point regarding breach of contract.

 

Having re-read the thread the OP has stated he paid the full years bill in September

which would indicate they are on an unmeasured supply (no water meter) perhaps this could be confirmed?

 

If this is the case it would explain why a DCA was involved as in the case of unmeasured bills

these are issued between Feb and March with options of payment as follows,

half in April and the other half in October, full payment for the year in April or by monthly instalments starting again in April.

 

If the OP did not make payment till September then this is why the DCA was involved

as payment of the bill was then 5 months overdue so just trying to see a cause of action

as to the OP's potential legal action as the water company, and for that matter any other company or sole trader,

has every right to take steps to obtain payment of an overdue amount including using a DCA.

Link to post
Share on other sites

water bills are NOT a priority util bill like gas/electric.

they can be treated the same as a credit card/loan.

 

hence why they use DCA's etc and the courts for CCJ's

 

the fact that they make demands of payment over varying time slots are from their T&C's

and can be challenged

 

theres is no legal remit that you must pay in xx way, by xx date. xx amount

as long as its done by the end of 'that' year.

ideally its best to do in monthly mind

 

 

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

Totally agree that monthly is the way to go, metered or unmetered however there are no T&c's rather a Charges Scheme raised by water companies pursuant to section 143 of the Water Industry Act and also approved by OFWAT therefore to challenge these requires a challange to the legislation itself.

 

You are correct that water companies will use the courts for non payment and CCJ's are issued simply because the legislation supports the charges scheme which outlines how payments can should be made.

 

Other options are the DCA as in this case and most water companies now report to CRA's so defaults are a distinct possibilty too.

Link to post
Share on other sites

But no contract then no reporting abilities

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites
Rather than write to to them, why don't you simply send them a letter before action giving them 14 days and then start small claim. It may seem extreme – but actually it is the way to get them to listen and to get a reasonable compensation. I would suggest suing them for a moderate amount like £200. You would be suing them for breach of contract and also breach of the data protection act.

 

They will ignore your LBA but as soon as they get the court papers they will leap into action and eventually they will settle to avoid the hassle of dealing with the claim. It is only this kind of action which will make them listen, treat you as a valued customer and maybe look at the way their systems work. If this happens to be the fault of Moorcroft – then he will put them into conflict with Moorcroft which can only be a good thing

 

Hi Bankfodder,

 

just seen your post thanks for this. This is really great advice. About the Letter before action.

 

So by S.W (or any creditor for that fact) passing personal details on to a DCA is a breach of the DPA?

 

Regards

 

BB

Link to post
Share on other sites

I think you have hit the nail on the head with your question as if this is a breach of the DPA then why is the court service not overwhelmed with claimants suing every single utility company, bank, high street store, HMCTS, DWP (the list could be endless) as these all use DCA's?

 

The market would be massive like PPI and to date I have not seen any adverts on TV for "we'll help you claim your DPA breach compensation....."

 

Personally cannot see how you have a claim for breach of DPA but millions of others would love to know to so perhaps someone can specify what the cause of action is and what legislation your claim will rely on.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...