Jump to content


  • Tweets

  • Posts

    • Yes apologies I thought it was a fixed loan as it involves a guarantee and being a business debt
    • Intrum passing account on to resolvecall and arranging home visit   Any advice 
    • On the second claim – for the front patio and in respect of which you haven't so far issue the claim, as far as we can make out – once again with the kind assistance of my site team colleague @FTMDave, we think that the correct claim should be     This would leave you with a patio which had cost you £7888 – and which is the price that you originally contracted for .   You agreed to pay £7888 for the front patio. If you claimed the £14,000 or so that you are proposing, you would be in a position where you would be getting a front patio almost free of charge   So we think that your claim should properly be for £6439.60 p However in the circumstances, I should certainly wait until we figure out what to do about the first claim that you put in. I've already suggested that you contact the sheriffs – and maybe you would come back here and let us know that you have done that and what they said.   incidentally, these are our figures – you need to do your own calculations and confirm them independently or come up with a different calculation – independently. Same for the first claim.
    • I got a letter saying the police have not received my form, license that I had to send off for 3 points, I have paid the £100 aswell, I sent the license off and form, on the 12th of November, and it got there on the 15th of November, it was signed by the court and it was photographed, for proof..   The letter states I have  an extra 7 days to send it in.. received the letter on the 24th of November...   what happens next? I cannot phone the number on the letter until Monday, its a Monday-Friday helpline...   The last thing  I want is them at my door for arrest, or even banning me from driving...
    • 3rd Try   STATEMENT OF  I Mr will say as follows:    INTRODUCTION  1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.   2: There are several documents attached with this statement. (paginated)   3: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Exhibit 1) was sent to the defendant. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.   4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   BACKGROUND   5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank.   6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers.   7: The defendant has requested on numerous times a copy of the CCA, the first time, claimant has replied back on 23/11/2020 (Exhibit 1) with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements(not enclosed). Defendant then again requested on the 07/12/2020 (see letter attached Exhibit 2) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice. (Exhibit 3) 8: The defendant stated in his defence that no evidence of the CCA has been provided. 9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section  87/88 of the CCA the default notice should not include unlawful fees in it sum requested. 10. The defendant sent a Subject Access Request letter dated 30/11/2021, on writing this witness statement nothing has been received.   DEFENCE:   11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement.   12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974   13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim.   IN CONCLUSION:   15: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.   16: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct.   17: It is therefore requested that the Claimants Claim is struck out pursuant to the above.   Signed  Dated this day…….      Could you check out this part   "14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim."
  • Recommended Topics

  • Our picks

  • Recommended Topics

Advice - Hot Water Disconnection


xclone
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2258 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

Hello,

 

I would be very grateful for any advice. I live in an apartment building and we have a different supplier for our water and hot water services. The hot water supplier is SWEnergy and they were chosen by the building management and I had no choice but to deal with them. My account has always been up to date with them this far.

 

I received a new bill from them on the 5th of September for £73.99 along with a letter asking me to provide them with an updated meter reading as there was a problem with their automatic computer systems due to a thunderstorm. My bill for the previous month was 81.89 and I paid 100 (I pay manually via bank transfer) and the excess 18 pounds wasn't mentioned in the bill. So I emailed them with image for the meter reading and queried the over payment I made on the same day (07/09). I didn't hear from them and then on the 16th I got another notice for them for payment overdue along with the new bill. The meter reading on the bill was estimated and it was far higher than the meter reading image I had sent earlier. So I wrote back to them yet again, including scans of all the documents and the meter reading yet again . The actual meter reading was 18585 while the bill mentioned current estimated read at 18892 and previous estimated reading at 18637. I pointed this out in the email and asked them to get back to me with the correct amount so that I could pay.

 

Today I came home to find a notice of disconnection. I had previously copied in my estate agents into all the emails, and when I called them, all they said was that they cannot do anything about the issue and the company is a major pain to deal with. They gave me a customer service email which I have written to yet again. I am due to fly out to the USA on the 24th of this month to join my wife as are expecting our first baby and this is not something I wish to be constantly worrying about till I am back which is the 28th of October. They gave me a disconnection date of 6th of October and they do not need access to the property as all the mains are located in communal area. Apart from calling them (and being held on queue for hours) or emailing them - is there anything else I can do at all? I would be very grateful for any advice.

 

Thanks in advance.

 

Alex

Link to post
Share on other sites

Do you all have individual hot water tanks that are located in a communal area, or is it some sort of 'shared' tank? Sorry if that sounds stupid, but as I live in a block of flats myself, I'm just trying to visualise it.

 

Just shooting from the hip

 

I was under the impression that a water company cannot disconect a residential supply

 

Think it just means that the OP will have no hot water rather than no water at all, but perhaps the OP can clarify that.

Any pearls of wisdom that I give on the CAG forums is based on previous experiences and knowledge I have gained from being on these forums.

Link to post
Share on other sites

Just shooting from the hip

 

I was under the impression that a water company cannot disconect a residential supply

 

 

You are correct in that water companies will only disconnect a domestic supply if requested by the homeowner in writing and there is usually a reconnection fee if the supply is re-instated at a later date upon request but these instances are very few and far between to my knowledge.

 

 

Must admit I have never heard of separate charges for hot water and I don't think this is covered in the Water Industry Act 1991 so disconnection may be possible as is the case with gas and electric as I would guess that the homeowner is charged for the energy which is needed to heat the water rather than the water itself.

 

 

Also the cold water supply would presumably remain so the OP is not being put in the position of having no water meaning the company are not in breach of the Water Industry Act as I see it.

Link to post
Share on other sites

I think you do get these community hot water systems in large apartment blocks and they simply turn off the valve by the induvidual meter, so they no longer get hot water delivered. But they continue to get cold water. Not sure how such companies are regulated.

 

Think i would complain to the management company of the flats and also send a note to other apartment owners. Perhaps if many people are having problems, the management company will look at changing supplier.

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

 

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

Link to post
Share on other sites

Hello everyone,

 

Many thanks for your kind replies.

 

My understanding is there is a communal tank that supplies hot water to all the residents. There is a separate hot water meter, along with the electric one inside the apartment.

 

I have spoken to the management company and they are essentially in very polite manner suggesting that this is not their problem.

 

Regards

 

Alex

Link to post
Share on other sites

Hello everyone,

 

Many thanks for your kind replies.

 

My understanding is there is a communal tank that supplies hot water to all the residents. There is a separate hot water meter, along with the electric one inside the apartment.

 

I have spoken to the management company and they are essentially in very polite manner suggesting that this is not their problem.

 

Regards

 

Alex

 

Thank you for clearing up my question about how the tank works.

 

Unless you can prove that the tank or meter is faulty, or unless you know of others having problems, I think you are going to keep having problems with your management company agreeing to do anything. From what I can gather, you pay the supplier direct for you have used (if I've misunderstood, please just let me know). Therefore your issue appears to be more with the supplier at this stage.

 

Have they come out and read the meter themselves at any point recently? I know for normal gas and electricity, a supplier is supposed to read the meter once every two years as a minimum, not sure how it would work for a hot water supply.

Any pearls of wisdom that I give on the CAG forums is based on previous experiences and knowledge I have gained from being on these forums.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...