Jump to content


  • Tweets

  • Posts

    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 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
        • Like
  • Recommended Topics

Right of Entry sucessfully contested 3 times


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3127 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I haven't been on CAG for a while

 

for the last 18 months I have had an ongoing battle with my electricity/gas supplier who have applied 3 times for a Right of Entry.

 

Each time I have attended the magistrates court to contest the application and on two occasions it was refused and on one withdrawn

 

. I just wanted to say it can be done and if you present your case calmly give an overview,

a chronological history of who said/did what and when, actions you have taken,

what you would like to happen and a conclusion,

then the magistrates, at least in my experience, seem to appreciate you bothered to turn up and came down on my side.

 

The three Enforcement Officers, all different, applying for the warrants at court have all been pleasant.

One was so surprised I had turned up he said he wasn't going to apply for the warrant as he knew nothing about the back ground to the the issues surrounding the warrant application, so withdrew it.

 

The second time, I went on the stand and the enforcement guy beforehand was actually very helpful.

 

The third time he was OK but had a slight whiff of bailiff attitude about him.

 

All three were woefully ill prepared and did not seem to have any information beyond they are there to gain a warrant.

 

On the three occasions I have attended,

I have been the only person with a warrant application for Right of Entry to have turned up.

From what I saw the magistrates ask some very cursory questions and rubber stamp all the warrants.

 

So my advice is take courage, go to the court, put your case and fight your corner even if it is just to by yourself some time.

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/showthread.php?414561-OVO-application-for-warrant-cancelled

 

Just popping a link to your original thread, yellowcake - that way people can see what has gone before :)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

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

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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

Link to post
Share on other sites

Which company please?

Link to post
Share on other sites

http://www.es-uk.info/docs/front-02-ill-health-smart-meters.pdf

 

 

Sorry to High Jack your thread.... Just food for thought !!

 

A right can of worms, My sisters daughter suffers from ES.. Electrostatic Sensitivity and is unable to turn the PC/TV/WiFi or any device... she is fighting the dreaded smart meter installation, seems these energy companies have a hidden agenda... keep up the good fight. :-(

Abbey Settled 3,600:cool:

 

Just started battle with

EGG

Virgin CC

Abbey

MBNA

 

 

Link to post
Share on other sites

  • 3 weeks later...

Nice one! Let me share my story:

 

I recently moved supplier, i came home from work, found a card from my new supplier asking for a meter reading. I called them up and provided this to them, with no issue. The NEXT day, I had one from my old supplier, which I ignored. The day after, the Meter Operator (MOp) banged on my door. I answered it:

 

Me: "Yes?"

MOp: "I'm here to read your meter"

Me: I gave my supplier the reading 2 days ago

Mop: Let me in to read your meter

Me No. You do not work for my supplier. My meter is none of your business

Mop: OK, I'll go down the road to (Network Operator) and they'll disconnect you for having an illegal supply

Me: No they wont. My payments are up to date. My supplier has an up to date reading. What makes you so sure that my supply is illegal?

Mop: Because you won't let me in

Me: That doesn't count, (Network Operator) won't disconnect me

Mop: What makes you so sure?

Me: Because I work for them. Goodbye

Mop: *goes away with his tail between his legs"

 

 

 

Moral - just like bailiffs, they think they can scare people into submission

Edited by lifesux
Added moral
Link to post
Share on other sites

The whole thing is a [problem],, a Lad at work had the same issue.. he's reported his new supplier the Ombudsman over false readings.. He refused a SM.. his point was a good one, say he is away and his supply is very low, and say this information is being broadcasted and intercepted.. crooks would know when your away !! :-x

Abbey Settled 3,600:cool:

 

Just started battle with

EGG

Virgin CC

Abbey

MBNA

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...