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    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However there reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
    • Hi, From everything I've read about how EVRi handle mediation, and given I intend not to budge on my position, I am preparing for court. Having read the the full WS and court bundl @occysrazor kindly supplied, I am wondering what value adding the Jamie Bradbury v UPS Limited has?  Obviously this case was lost by the claimant and the ruling clearly goes against the Farooq case and more recently @occysrazor's.  Is the case to include it simply to showcase my argument as being well rounded? Interested in your opinions. Many thanks, Sam 
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    • 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 
        • 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
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Hi, I've had the unfortunate experience of having to deal with British Gas customer services since January to date. They're aggressive, ignorant, incompetent and disconnected in many ways, to the extent that their collections team are unable to view things going on with the account in the billing team.

 

Its clear that I'm getting nowhere with them by complaining, so I've resorted to:

 

 

 

 

  • Transferring to Ovo (Who have been brilliant so far)
  • Spreading the word and telling everyone I know about Ovo.
  • Most significantly though, I have raised two e-petitions on the government website to force British Gas into improving their services.

One has been accepted and one has just been submitted.

 

-----------------------------------------------------------------------------------

 

Energy Suppliers Service Related Charging

 

Responsible department: Department for Energy and Climate Change

 

I would like the government to impose a mechanism upon the Energy industry whereby a company's charges are determined by the levels of service they provide, as with the Water Industry & SIM (Service Incentive Mechanism).

This would force the likes of British Gas with a 39% customer satisfaction rating (Which? 28/04/14) to concentrate on improving their services to customers.

---

 

******** http://epetitions.direct.gov.uk/petitions/64429 **********

 

---

Recently, 'British Petroleum' embarrassed our nation with their disaster in America.

'British Gas' currently have a 39% Customer Satisfaction Rating from a 'Which?' survey.

I would like the government to licence the use of the name 'British' in company names to ensure that any company using it, provides a world class service that reflects traditional British qualities.

Quality of service should be measurable with pre-defined parameters that companies must meet before they are allowed to use OUR good name.

---

I hope you agree with these sentiments. If you do, please help and sign my petition. Also, please don't forget to confirm your entry by clicking the link in the email they send you.

 

Best Regards,

Rob

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Thanks Rebel11.

 

 

I began the process of going through the ombudsman, but instead of completing the process which appeared to be a little convoluted,

 

 

I went back to British Gas to see if I could reason with them again.

 

 

They can't even reason with each other.

 

 

I have email confirmation of conversations I've had with their billing/complaints team that their collections department don't even know about.

 

 

The collections team don't see what the billing team see on an account and vice versa.

 

 

This resulted in me being harassed every 2-3 days by their collections team.

 

I've literally had enough of dealing with them.

I've decided to take it on the chin and begrudgingly pay them what I don't think I owe.

Instead, I believe I can make more of an impact that is at least positive to the British Consumer if I go about things a few different ways.

 

Thanks for your reply,

Regards,

Rob.

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Hi GingerRav

 

You should write a Formal Letter of Complaint mark it as such. Explain what's happened, how they have let you down and what you want them to do.

 

Send it to:-

 

Mr Chris Weston

Managing Director

British Gas

chris.weston@centrica.co. uk

 

It sounds like no one wants to take ownership of your complaint and see it through to resolution.

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Thanks Rebel11.

 

 

Somebody actually has taken ownership of my complaint now and has confirmed that they are unable to resolve it to my satisfaction,

therefore, I'm left to please myself as to how I escalate this.

 

 

British Gas like to try and make me think my options for escalation are limited,

however, I have a greater appreciation of the reputational and financial damage that a disgruntled customer can cause a company.

I don't intend to benefit personally from this, but if I can play a part in making British Gas raise their standards, then that will be good enough for me.

 

I don't know if I'm allowed to ask this, but would you be able to post a link to my petition on my behalf please?

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Hi GingerRav

 

I'll check with Admin, but it shouldn't be a problem, give us a shout when your ready.

 

Thanks Rebel11. Somebody actually has taken ownership of my complaint now and has confirmed that they are unable to resolve it to my satisfaction, therefore, I'm left to please myself as to how I escalate this. British Gas like to try and make me think my options for escalation are limited, however, I have a greater appreciation of the reputational and financial damage that a disgruntled customer can cause a company. I don't intend to benefit personally from this, but if I can play a part in making British Gas raise their standards, then that will be good enough for me.

 

I don't know if I'm allowed to ask this, but would you be able to post a link to my petition on my behalf please?

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It's been added to your main post, please do no add any further links unless it is on this thread.

 

 

Thanks very much. Ready when you are :)

 

The url is

 

epetitions.direct.gov.uk/petitions/64429

with http etc in front.

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The company you say embarrassed your nation in America is called B P.

 

 

It ceased to be British Petroleum long ago.

 

 

Do you nevertheless propose now renaming it P only,

 

 

just in case the B should still be perceived as meaning British?

 

As for so-called British values, my goodness, where to begin?

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  • 5 months later...

I was recently in dispute with British Gas over their meter readings which were wrong.

 

 

While this problem was being dealt with, they passed my 'Debt' to a company called Wescot.

 

 

Since then, I've received numerous cold calls from PPI & Claims companies.

 

 

Although British Gas do not directly divulge your contact details to these companies, Wescot do.

 

 

I've had enough of dealing with British Gas,

they're completely inept,

so rather than compain and try to find a resolution,

 

 

I'm just going to publicise as much as possible that they can't be trusted with your personal details.

 

 

Has anyone else had similar issues since Wescot became involved?

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never heard of that before

neither from BG nor wetcloths

who incidentally have NO POWERS WHATSOEVER

in this instance.

 

 

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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I've been in a similar situation with British Gas before and the same happened last time.

 

 

As soon as Wescot got my details I started to get all manner of calls.

 

 

I recieved a call yesterday from a company telling me they had a refund for me.

 

 

When I asked if they share information with Wescot, the agent openly said yes.

 

 

Wescots privacy policy states that they don't sell or rent customer data,

 

 

however, other parts of the policy suggest that they share information.

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I think it would be more helpful if you were to ask where they obtained your personal details, rather than asking if they shared information with a specific company such as Wescott.

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

Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

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1: How can BCOBS protect you from your Banks unfair treatment

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It would be unusual in the extreme for a cold caller readily to acknowledge their data source.

 

As for our beloved Wescot sharing certain information, it would be unusual in the extreme for a so-called financial services company not to.

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From what I seeing very many people are getting a rash of PPI/accident claims cold calls and advertising drops, unconnected with DCAs had em myself 5 cold callers on PPI this week and I'm not involved with Wescott or any other DCA.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 2 weeks later...

This is possibly the worst response that I've ever seen.

 

 

Below is my email to British Gas and below that is their response.

 

 

While reading the response, please bear in mind that this account has now been settled due to

Ovo raising an industry dispute with British Gas on their opening readings

and my account was recalled from Wescot approx. 4 weeks ago.

Please also bear in mind that I only sent this email to them on 5th Nov.

-------------------------

Dear British Gas,

 

Can you explain to me your scope of responsibility with regards to Data Protection please?

 

Recently, you fabricated an 'Actual meter read' which was grossly inflated.

While this was in dispute, you passed my details to the cowboys at Wescot to chase a non-existent debt.

 

Since you passed my details to them,

I have been inundated with PPI/Insurance/Claims cold calls.

The Wescot privacy policy implies that they share their information with other companies.

 

Does this mean that once you pass my personal contact details to your band of leeches,

you are absolved of all responsibility with regards to Data Protection?

 

 

Does this query worry you or do you simply not care about what happens to your customer data once Wescot get their grubby little hands on it?

 

Best Regards,

-----------------------------------

Dear Mr #######

 

Thank you for your email about your gas account.

 

I'm sorry that your account was billed on estimated readings and for the delay in my reply.

 

I see that the final bill for your gas account was issued on estimated reading.

Due to which there is an overdue balance on your account.

 

 

Please reply to my email with your meter reading taken on 17 September 2014.

Alternatively, I can also bill your gas account to the reading calculating with the two sets of reading

you've provided of 1573 on 26 September 2014 and 1588 on 21 October 2014.

 

I've now made arrangements to recall your account from DCA (Debt Collection Agency).

The reference number for this arrangement is ###########.

Please be assured that your account will be recalled from DCA by 14 November 2014.

 

Please do not worry once I receive your readings I'll bill your account accurately and issue an amended bill to you.

 

I want to resolve this matter as quickly as possible for you.

To do this I need some more information from you.

Please get in touch by 21 November 2014 on the details above, so we can progress this for you.

 

If however, you don’t need us to help or you’re happy that this is now resolved,

you don’t need to do anything and I’ll make the arrangements to close your complaint on 21 November 2014.

 

I look forward to hearing from you shortly and resolving this issue for you.

 

Just to let you know because your complaint has been open with us for eight weeks,

you'll receive a letter from us advising you of your rights to refer the matter to the Ombudsman Services - Energy.

Please be assured we are working hard to resolve your complaint and remain committed to finding a solution as soon as possible.

 

I’ll continue to manage your query and will resolve it as soon as possible.Please get back to me 21 November 2014 with the above information

 

If you’d like information about our complaints handling procedure you can view a copy

by either going online at ########################

,or by getting in touch and one of our advisors will arrange to send you a copy free of charge.

 

Thank you for contacting British Gas.

 

Kind regards

 

######## ########

Customer Service Advisor

 

################## - Looking after your world LOL!!

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Are you telling us that they gave you a bill on an estimated reading and because of the estimated reading they assumed that you were in debit and so they passed your account onto a debt collection agency?

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Are you telling us that they gave you a bill on an estimated reading and because of the estimated reading they assumed that you were in debit and so they passed your account onto a debt collection agency?

 

Not quite. I was in the process of transferring my account to Ovo and BG produced a final bill stating that it was on an Actual Read. The bill totalled nearly £300. After the dispute was settled, my actual bill was £155. While I was querying the readings and refusing to pay the bill they sent me, they passed the 'debt' to Wescot.

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So British Gas said it was an actual read – but In fact it was an estimated read and they now admit it was an estimated read – yes?

 

What's so different from what I suggested in my earlier post?

 

Also, you seem to think that you have some evidence that Wescott has been selling on data. What is the evidence for this?

 

I have to say that I wouldn't muck around with the ombudsman on this. I would go directly to the County Court on the basis of the data protection breach and get some sensible compensation.

 

I'd be very to know about the problems this is caused you, about how long it's gone on and how much difficulties as taken to clear up

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