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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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    • 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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paying direct debit to npower £104 a month for yrs, stopped the d/d had 1st paper bill in 4 months time in October 2013 for £110.00, had a feeling was being ripped off,

 

feb 2014 came and went no bill, rang them with readings & promise of bill yet nothing, meter readings every 3 months, 1 and 1/2 hrs to answer and sometimes 2 and 3/4 hrs to get through, screaming for a bill,still nothing,

 

opened a complaint with them, letter said all sorted so sorry for the delay, still today 1 year and 8 months have had 3 bills in the same envelope of £475, £780, £1320, payable by the same day, rang the billing team, said would get a revised bill, same 1 came through £1320 and a letter from a debt collection company,

 

npower said they've done all they can to help but with no reply from us, they have only sent a bill and no other communication, they wont let us leave, we are trapped with this terrible company, we have been with npower for many years and could not fault them until this new computer they installed to do the billing,

 

they've even suspended our account for a while until they sort things out,still no bill, except a massive debt that am worried we cannot afford to pay, we have always paid our npower bill on time and never owed them anything,

 

i want them in court to answer for the treatment they've given us, we are both ill because of this stress,

Edited by honeybee13
Paras.
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they can only back bill 12mts.

 

 

and no dca has any legal powers.

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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You can register a complaint with the energy ombudsman and this may stop the debt collection whilst it is being resolved. But you should have been putting money to one side for usage, while the bill was being sorted our. You need a detailed bill showing you the exact usage from the point you last paid up to the current date.

 

If you gave arrears £200 or more, I don't think you can change supplier, but the current company should be helping you come to an arrangement to pay.

We could do with some help from you.

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When you say they have suspended the account, have they put a "lock" on the account to prevent further recovery action? If so, understand this suspension is only temporary regardless of whether or not they actually look into your complaint. Which they probably won't.

 

Things you need to do:

 

1) Start getting the paperwork you have organised in a file, in date order. If you still have a copy of your meter readings - great.

 

2) If you have phone recordings, great - but if not try at least find the date and times of phone calls and note what was discussed.

 

3) Find some way to record all future phone calls and phone Npower. Discuss the problem. Do this more than once and see if you get different answers.

 

4) Submit an SAR to Npower. They have to give you all personal info relating to your account, including correspondence, within 40 days.

 

5) Submit a separate written complaint to Npower to the appropriate department and keep a copy. Send recorded delivery.

 

The Ombudsman is certainly an avenue you can take in addition to the above. But by-and-large they are fairly useless.

 

Consider writing to your MP in addition to the above. Might not do anything but it can't hurt to try.

 

See what the above steps reveal. It may give you all the ammunition you need to bring a small claim against them.

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