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    • Hi Guys   I moved into my new home 2 years ago and it already had a smart meter.  I switched to Utilita (gas & electric) because there is no daily standing charge.  However, when I spoke to them in October the agent said that I had used gas during the summer months.  The central heating is the only thing that uses gas and I had no reason to turn it on during the summer as I use fan heaters instead if it get a bit chilly.  I accept that my monthly direct debit needs to be increased (currently £50 for both - one occupant) but I wonder if there is anyway that I can prove that I wasn't using the heating during the summer.    I had assumed that the payments I was making during the summer for gas would have been credited to my electric account but was shocked when they told me that there wasn't any credit.   They say that I now owe about £500 each for gas and electric but as they didn't alert me earlier to the fact that my monthly payment was too low, they are willing to set up a payment plan for me to repay this. This is the first time I've had a smart meter and I would like to know if it's common for them to give inaccurate readings?     I will set up a payment plan with them but would also like to know if I can switch supplier in the meantime?   Can I refuse to have a smart meter?  What is a better option?   Your advice would be much appreciated.  
    • Well firstly you haven't addressed my question as to when it was purchased. Secondly, is there another model which has the same functions that you are looking for?
    • Update further reply:    The Pitman centres are all franchise businesses so individually owned businesses, any refund would need to be sought from the centre that you paid the money to.   Of course we are sorry to hear about your personal circumstances, howeve, you have purchased the diploma three years ago, generally students complete the diploma within 12 months. You haven’t said which centre you purchased the diploma from but I would  say after 3 years  I would tend to agree with the centre in that you would not be entitled to a refund.   Anyone able to help?
    • Lowell has written to me concerning this debt on the 23rd of Jan 2020. letter states: We have noted the contents of your letter and we understand that you have no knowledge of this account. We are able to offer the following information regarding the account. • Agreement start date: 19/06/2014 • Application address: Flat 4, 3 Kempsford Gardens • Tariff Description: Phone BB Hardware • Disconnect Reason: Cessation by BT • Original Creditor: BT Retail Consumer • Mobile Number:02078351401 ( this is a landline ) • Client last payment date: 16/12/2014 • Client last payment value: 86.16 this is not £499.00 • Default date: 27/08/2015, this doesn't square with last pay date. • Airtime Debt Value:257.94 • Early Terminate Fee:241.99, can they charge this? • Billing Date:27/03/15 LOW105_230120 497503_ MACHINE \ 116\247 \ lof2 \ Airtime Debt is for the services used and the Early Termination Fee is calculated to reflect the remaining months of your contract which remain unpaid from the date of your account closure. We have requested from BT PLC a copy of the statements for the account to help clarify this matter for you. We will write to you further once we have received this documentation and in the meantime your account is on hold.   I obtain the SAR. it is attached: this is all they hold. 1. Can you explain the implications of the response  and the SAR as far as Lowell being able to collect the debt?   2. I responded to Lowell with this letter: Lowell Financial Ltd. 4875 Dear Sir: I write to you in response to your letter of 23 January 2020. Insofar that a relationship may have existed between myself and BT I cannot recall this account (Agreement) and request that you supply me with a copy of the Account/Agreement and other documents listed in the bullet points of your response. I  deny any breach  of the purported agreement. You have failed to supply me with a copy of the agreement requested . I have never received any evidence that you are the legal owner of the debt, by assignment, sale and purchase agreement or otherwise. I have never received and am unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1). This document is not referenced in your response. I deny that I have failed  to maintain the required payments to BT. It is denied that I have failed to respond to demands for payment sent by you and/or its agents. Lowell is put to strict proof that any such demands have been sent to me by you. a). Lowell appears to  admit it is the assignee of a debt, it is denied that the Lowell has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.  b). It is further denied any funds are due Lowell  because the Lowell appears to have sold this debt to another firm in 2019.  Lowell must therefore show how it has legal right, either under statue or equity to collect this sum from me. I  deny owing any money to Lowell  and you are required to produce evidence to support your claims that this sum is in default, due and owning this includes: a. Show how the I  entered into an Agreement. b. Show how I  have reached the amount claimed for. c. Show that I  failed to maintain the required payments and the service was terminated as claimed. d. Show that the statute of limitations on this alleged debt has not passed. 7. As per Civil Procedure Rule 16.5(4) it is expected that Lowell must  prove the allegations that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed in its response letter.  8. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to consider the fact that the provider no longer has to provide and pay for their service.  You state that the balance due includes £241.99. You must remove this from any collection efforts, and I dispute that this and all other balances are owed by me. 9. Show that I was residing at Flat 4 3 Kempsford Gardens on the alleged defaulted date of 27/08/2015 or any other date after 16/12/2014.  Alternatively remove any debt you allege is owed  because back billing and billing for unused services is not allowed. 10. Please explain Lowell reporting to the credit bureaus that the debt outstanding to BT is £674. The account number concerning 3 Kempsford Gardens Flat 4 which I hold is another account number which is BT xx7 start date is 15/07.2013. 11. The account number you claim is owed to you is an original account number BT xxx 07. You claim the start date on this account is 19/06/2014. Please explain the discrepancy between these two accounts including ownership of both accounts, and why there are two accounts you allege for the same address with different dates. Alternatively, if you have no explanation: You must cease and desist from collection activity including reporting to the credit bureaus, pre claim letters and any other forms of collection activity with immediate effect. Please write to me confirming that you will take no further action. Failing this I will file a counterclaim and ask the court for costs. Kind Regards      I received the email below last night: "I can see that we also hold the following account details for you:   Account Number Original Client Original Client Reference Current Balance XXX192 Orange xxx321 £285.91 XXX875 BT PLC xxx207 £499.93   I can see that the above BT PLC account is currently on hold, as we are requesting information from BT PLC directly.   1. how long does BT have to respond? the date of Lowell letter was 23rd of Jan. 2. if BT doesn't respond within that time frame, what can I do to get the account removed from the Credit reports? . 3. how can I get Lowell to stop collection if BT doesn't respond? what is also interesting is I have a letter from Lowell for the orange account and also a BT account, but the balance is £199.11 and the account number ends in 192. There are too many account numbers with different balances for the same address. any suggestions how I address this with Lowell?   Lowell writes:   "The period for recovering your Orange account by court action has expired. We will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment. With this being said, this account does not look to have a payment arrangement set up as of yet. How would you like to proceed with this account going forward? If you can let us know then we can look to assist you further".   If the time has expired to collect a debt from orange, how do they have a right to collect? seems the SOL runs for both. how should I respond?   In the meantime, I have placed your Vodafone and Orange accounts on hold for the next 30 days to give you time to get back to us.   Can you give me some suggestions on how I unravel this and respond? Thank you.  SAR_BT.pdf
    • Hello and welcome to CAG.   Could you tell us what your contract says about overtime please? It will help us to advise you.   HB
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johnhn

Barclaycard Charges Reclaim and, now, Default Removal

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and there is that case (HL i think) which says that the amount in a default notice should not be mainly re charges etc.

that aside, your poc seems was too much for a poc. hindsight.

it was said that 12£ would be generally seen as ok, but not to default on. as above.

imho, if things aren't looking favourable, maybe try for a settlement prior without costs against.

 

My bottom line is the removal of the default - everything else is for bargaining with.


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trying to recall the case for you re an accuracy in the default notice sum,...


IMO

:-):rant:

 

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For what it's worth, BC have historically defended such claims all the way but then settled before a final hearing, agreeing to refunds of penalty fees, compound restitutionary int't and default removal.

 

The sol's have not necessarily caved in easily but they have generally settled in an acceptable manner when the claimant has remained determined and not showed signs of wanting too settle too quickly.

 

Backed up by *WON* or *Probably WON* cases in the the Barclays Successes Forum.

 

:-)


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trying to recall the case for you re an accuracy in the default notice sum,...

 

Are you thinking of McGuffick V RBS judgement Ford ?

 

http://www.bailii.org/ew/cases/EWHC/Comm/2009/2386.html


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For what it's worth, BC have historically defended such claims all the way but then settled before a final hearing, agreeing to refunds of penalty fees, compound restitutionary int't and default removal.

 

The sol's have not necessarily caved in easily but they have generally settled in an acceptable manner when the claimant has remained determined and not showed signs of wanting too settle too quickly.

 

Backed up by *WON* or *Probably WON* cases in the the Barclays Successes Forum.

 

:-)

 

Yes.

 

And despite the witness statement, BC still have a case to answer to.

 

Part of their duty when reporting to CRA's is to do so in a timely manner. They added default fees to the account for 3 or more consecutive months on 3 separate occasions dating from December 2013. On one of those occasions they applied charges for 6 consecutive months and on another, 13 consecutive months, prior to registering a default. In other words, the default could - and should - have been registered much earlier (e.g. Jan, Feb, Mar or Apr 2014, or Oct 2014, or Feb 2015 etc etc, rather than April 2016). Frankly, that stinks.

 

That's assuming the default should have been registered in the first place.

 

I last spent on the card in July 2014, at which point my balance was at or within my credit limit (£150).

 

From that point on, I paid a total of £292.33 into the account.

 

The charges alone from that same point on were £408, so I think it is fair to say the default balance consists substantially if not entirely of default charges, thus the default should not have been registered.


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Hi John,

 

Can you answer the following Q's :-

 

1. What is the current status of the agreement at the moment - is it live or terminated.

 

2. Are you currently paying anything.

 

3. Is there an outstanding balance.

 

Doesn't matter if these Q's have been asked and answered before - give the answers now to help us help you further.

 

:-)


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Ahhh the notorious delayed default from BC again, almost as common as adding interest to your BC each month

In my case against them they had delayed the default by 5 yrs so effectively screwing me for 11 yrs.

Sols said they could not do anything about it,

 

rubbish, stuck to your guns, they will not go into a court to defend this despite all their pomp and ceremony.

Once you have a hearing date i fully expect that this will be resolved.

 

Look at all the “successes” in the BC forum, most have no ending other than they were won because BC will insist that its hushed with a Tomlin Order, i updated the final outcome before signing any such order to provide a completed thread.

 

Keep going john the end is nigh.


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GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Hi John,

 

Can you answer the following Q's :-

 

1. What is the current status of the agreement at the moment - is it live or terminated.

 

2. Are you currently paying anything.

 

3. Is there an outstanding balance.

 

Doesn't matter if these Q's have been asked and answered before - give the answers now to help us help you further.

 

:-)

 

1) Don't know.

 

2) No. I never pay after a default - what's the point? :-)

 

3) £129


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Court date for BC Sol's summary judgement application has been set for Friday 26th January.


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So you should be filling a WS in response to their application for SJ noting your objections/reasons.....it must be filed and served not less than 7 days pre hearing


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Well guys, looks like it's T.O. time...

 

Well, nearly. There's no mention of default removal, and I'm required to withdraw and release the claim "and/or any other matter" (like PBA fees I was about to reclaim?) whilst "any other indebtedness" I have or may have remains unaffected.

 

Hmmm.


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Default markers will not be removed...they are not connected to the court claim....and will fall off your files after the 6th anniversary


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Default markers will not be removed...they are not connected to the court claim....and will fall off your files after the 6th anniversary

 

Removal of the default is part of my PoC.

 

If the default charges responsible for the default are being refunded, how can there be any basis for the default to remain?


247 Moneybox - balance written off, default removed

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Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

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Ah okay.....


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Removal of the default is part of my PoC.

 

If the default charges responsible for the default are being refunded, how can there be any basis for the default to remain?

 

Exactly how i handled mine johnhn

Eventually they will agree to this if you stick to your guns and you must ensure its included in any draft order.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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The situation has taken a turn. Whether it's for the worse I'm not sure but it's weird and uncomfortable.

 

To recap:

 

12th January - received offer of settlement from sol's. All charges plus restitutionary interest.

 

15th January - rejected offer by email as no default removal, but said I would accept offer if it was revised to include this.

 

18th January - received email stating I have not responded to the offer and need to sign and return the TO by 4pm 23rd January. I reply referring their attention to my email of 15th January.

 

22nd January - emailed sol's for acknowledgement of receipt of my emails.

 

23rd January - received email from sol's acknowledging receipt of my emails. "We are taking further instructions from our Client in respect of your emails." Arrive home from work at 6.30pm to find letter from sol's dated 18th January but postmarked 22nd January stating I have not responded to the offer and need to sign and return the TO by 4pm 23rd January...

 

25th January - received email from defendant's barrister attaching his skeleton argument for tomorrow's hearing...

 

Are BC likely to take this right to the wire or am I sitting opposite their barrister in court tomorrow?


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Still struggling to reconcile their standpoint that my claim "has no real prospect of success" with their offer to repay all charges + restitutionary interest though...


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Also, the offer letter gives me until December 18th 2018 to accept - how does that work with an application hearing tomorrow for strike out/summary judgement?


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Obviously a typo ...2017


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Obviously a typo ...2017

 

So they wanted me to agree an offer made in January 2018 by December 2017?


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Either that or if they fail tomorrow the offer does stand till 2018 ?


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sorry cant carry the link without permission from admin removed above post


please don't hit Quote...just type we know what we said earlier..

 

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sorry cant carry the link without permission from admin removed above post

 

Oops. Sorry


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Off to court in 3 hours...

 

I wonder how keen BC are not to have a court find against their default charges.

 

Their Sol's claim for costs is £2733.00.

My entire claim is less than half of that.

 

Their skeleton argument cites OFT v Abbey National 2009 [uKSC] and says

"There is no material difference between fees for current accounts and those for credit cards and so the court is invited to adopt the same approach here in respect of credit card fees".

 

Really?


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