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    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
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    • I would add, many companies have done everything possible to manage and carry on in difficult Covid19 circumstances to supply customers with what they need.   Continually making excuses for delays is not what I'd want from an installer and maybe the £100 deposit is not so important.   Get this deposit back if you can but, more importantly, find a local installer recommended by family or friends to carry out the works.
    • Hello all,   I hope you can assist me, as I am quite lost and confused at the moment.   Two years ago I moved to my actual flat. Throughout this time I have been with EDF first and now EON. When I moved in, my landlord didn't quite know which one was my meter and I picked the one that I believed was mine (now reading you I know I should have done a burner test..). During this time, I have been paying my bills and submitting the numbers that I believed mine, which actually agreed with my consuming patterns.   Today, all the meters appeared with numbers, but the one next to the one that I was using, which appeared with a different flat number. As you might have guessed, none of them had my flat number. I have just made the test and it looks like that one may be mine.   Now, how should I proceed? I have been paying bills is not like I wanted to avoid paying, but clearly there has been an issue. Could you please advice me on how to proceed?   Lastly, in terms of meter serial number, the one that I was using matches my bill and I guess my neighbor bill. The additional doubt I have is, who is paying for my meter and why are they still providing me with gas if no one is paying the one that seems to be my real meter.   Many thanks!    
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    • 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.
       
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      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.
       
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Claimform - /Cabot/Restons - old CITI card 'debt'


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wont harm you.

 

 

did you copy the claimform before you sent it back

 

 

and you did sent it to the court not the sols?

 

 

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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Hi dx

 

No, I did not copy the form.

 

I sent the ack form only directly to the court address on the claim form by 1st class recorded delivery. The claim form and admissiion form I still have.

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as it stands, the no paperwork/holding will do

 

 

in many threads here but WAIT till the last day.

 

 

May I ask why it is better to wait until the very last day? Is there a technical advantage i.e. to deny claimant time for replying to defence?

 

Any help would be appreciated.

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No real advantage apart from it allows you time if needed to research/request information...but if you are ready to submit...then you can submit anytime after acknowledgment.

 

Andy

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post your defence here first mind!

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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After looking at many threads on here about Pestons

 

 

they usually reply to the CPR 31.14 request with the standard "no signature", sign and resend response.

 

 

I wondered if it is better just to ignore and count it as non compliance.

 

 

Or, would it be better to resend with a not normal signature.

 

 

I have searched numerous threads on here but am still unable to find which is the best way forward.

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there have been no instances of rectums lifting sigs to my memory.

 

 

use a diff sig no harm

 

 

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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My debt is due to be statute barred next year and hence my alleged debt owners action now.

 

 

Please correct me if I am wrong but,

I understand that if a court claim is issued the statute barred clock stops.

The clock resets to zero only if a ccj is obtained.

 

The clock continues from where it left off if the claim is stayed, struck out or discontinued.

Thus, it is still statute barred 6 years from the last payment as if the claim never took place.

 

I have searched many threads on here but am unable find a definitive answer.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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Received a "no signature" reply letter from Restons 3 days ago.

 

 

I immediately sent them another CPR 31.14 request with a not normal signature on a security background.

 

 

Today received their "We acknowledge receipt" letter.

 

 

Exactly the same gibberish responses received on other threads such as:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?438796-Cabot-Restons-claimform-Halifax-OD-debt-(2-Viewing)-nbsp&p=4673762#post4673762

http://www.consumeractiongroup.co.uk/forum/showthread.php?438687-Claimform-Cabot-Restons-LLoyds-Credit-Card&p=4673822#post4673822

 

Still no response to my CCA request. If no reply by Friday 16th Jan. they will be in default. So should be ready to file defence anytime after then.

Edited by dean64
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4 pm Friday 23rd.

 

 

no need to file before then

with the no paperwork/holding defence on many threads here.

 

 

but post it up first

 

 

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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Hi everybody. I have received a bog standard response to my CCA request today. Stating "we will be able to provide this information withing 40 days.

 

So I wish to file my defence shortly and have been researching other similar threads thoroughly.

 

I am not sure if this is the correct wording especially with point No. 2. Thought about putting

2. Paragraph 1 is nether admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('a contract') the Claimant has yet to disclose any Agreement.
. Does this depend on whether payments were made?

 

If someone could advise I would greatly appreciate it.

 

Particulars of Claim

 

1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Citifinancial dated on or about Nov 04 2002.

2. Assigned to the Claimant on May 30 2006 in the sum of 54XX

3. Particulars a/c no XXXXXXXXXXXXXXXX

28/11/2014, Default Balance: 54XX, Post Refrl Cr NIL, Total: 54XX

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. 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 1 is denied with regards to an amount due under an agreement referred to in the Particulars of Claim ('a contract'). .The claimant has yet to provide a copy of the agreement as per my section 78 and is and remains in default of said request.

 

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in 2006 or any other year from either the Claimant or Citifinancial .*

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request have stated that they are under no obligation to disclose any documentation on which their claim is based.

 

6. As per*Civil Procedure*Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the*consumer credit*Act 1974.

 

8. 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.

Edited by Andyorch
Point 2 edited
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Check it now dean refresh your page

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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Thanks Andy.

 

So is that it. Do you think it is good enough to go?

 

I will wait until after CCA request is in default (Friday 16th) just to make sure nothing else turns up.

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there no real reason to file a week early

 

 

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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there no real reason to file a week early

dx

 

Yes, I know but thought I would prepare the defence in advance ready to file next week as might be too busy then. I have had acknowledgements to my CCA request and 31.14. Going by other threads that is the end of it until I file my defence.

 

Unless I hear anything else is this defence ready to file as it stands?

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its great

 

 

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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Share on other sites

I have been comparing my defence with other threads in the forum and thought that I maybe should replace point No.2 with the following:

 

2. Paragraph 1 is denied with regards to an amount due under an agreement referred to in the Particulars of Claim ('a contract'). The Claimant/Solicitor has failed to disclose any agreement or statements on which its claim relies upon.

 

I am more happy with this but unsure.

 

Please, if you could help Andyorch or anybody.

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pers I'd leave it well alone.

 

 

you need to always specifically mention section 78 [where relevant to a claim] and their failure to respond

 

 

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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