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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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EXCEL/BW Claimform - PCN Feb 2015 Car Park in Keighley (West Yorks) off Cavendish Street


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sorry but this is just garbage.

 

 

You have left in all the POFA stuff that doesnt count for anything and you have cut out all of the stuff you are suppsed to write.

 

 

Your points 4 and 5 are complete nonsense as the law didnt exist then.

I thought this has been made clear but you have just made things worse.

 

Start again by reading my comments and adjust what you had originally and add the new bits suggested and see how it reads.

 

 

Also where i say the 2007 planning act you have to write out the full name of the act and mention the bits that are relevant such as reg 30,

 

 

this again was indictaed but you have just written down what is an aide memoire and deleted all of the stuff that you need to use.

 

You must read things properly,

this is not the first time that I have said this but nothing has improved.

 

 

REad Every word slowly and carefully and when you understand you make notes and carry on to the next bit.

 

 

We are also Joe Public but have taken the trouble to read up on things a bit, originally because we were in the same boat as you and now because I hate their dishonesty of these companies.

 

 

They could make a living doing things properly if they werent either greedy or stupid and no-one would even have reason to moan then.

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no, the rest of your edited WS is.

 

 

The agassi bit should be touched on but the full remaks used as a separate document

 

I will draft somehting for you

but you will have to copy in the bits where court cases are quoted,

 

 

they will be the other pages to your evidence rather than adding every word into the WS.

 

 

I have to teach maths to a load of 15 year olds tomorrow so it may well be fri before I get round to it.

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That's really good of you EB.

because of other family stuff I'm struggling a bit with this.

 

 

To further complicate things just got home to a letter from BW for the 2015 indiscretion.

 

 

..3 1/2 months after the last letter.

Its just a repeat of the last 2 I got.

.PCN ask g for £154. !

H

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I'm assuming now after Oct 2012 they can now go for the keeper and not the driver...us that correct ?

 

Eb, I know you said you will try and get something across to me when you have more time...which is appreciated and I still need.

 

I've had another go, hopefully it may draw less of a chastising...only joking, all comments are most welcome...

 

It may be total garbage again, but I'm loosing the will to live :|

Doc1.docx cav bw.120117.pdf

H

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I gave up at the first line.

 

 

You either read a load of other witness statements or wait until I have time to spend some time on it.

 

 

That is not to say many of the points in it are not good points, just that there are things you have to say and also there are things you have to leave out.

 

 

Did you ever watch Little Britain?

Remember the storyline about the Village shopkeepers in Royston Vasey saying to the police officer when questioned about the missing walkers- "we didnt burn them".

That said more than an admission of fould play ever could.

 

the law is not retrospective so any EVENT before that date means no POFA, no Beavis etc.

 

 

They are stuffed but for some reason you want to try and give them a stick to beat you with.

 

 

I'm assuming now after Oct 2012 they can now go for the keeper and not the driver...us that correct ?

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I gave up at the first line. You either read a load of other witness statements or wait until I have time to spend some time on it. That is not to say many of the points in it are not good points, just that there are things you have to say and also there are things you have to leave out. Did you ever watch Little Britain? Remember the storyline about the Village shopkeepers in Royston Vasey saying to the police officer when questioned about the missing walkers- "we didnt burn them". That said more than an admission of fould play ever could.

 

Crikey....I had an idea you may say this. As you can see I don't have a clue...if you could put something up and talk me thru Any add ons I would be most grateful . I sorry for the angst I'm causing you !

 

Crikey....I had an idea you may say this. As you can see I don't have a clue...if you could put something up and talk me thru Any add ons I would be most grateful . I sorry for the angst I'm causing you !

 

You know I sort of thought that as I was writing it...and still ran with it. Shakes his head !

 

You know I sort of thought that as I was writing it...and still ran with it. Shakes his head !

 

My post at 6.20pm was about my wife's other PCN which occured in Feb 2015, I was wondering how we approached that one.

H

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Wife just called to say we have received letter from the court, acknowledging receipt of our defence and they have forwarded to BW & they now have 28 days to respond...will put up as a PDF later when I get home.

 

eb...did you have chance to look at the WS you said you would prepare

 

I've had another go, after finding a thread very similar to mine, but at the Peel Centre...bit wary on putting anything up now. But I really want to be prepared for what could come, so want WS & perhaps timeline of event

 

Its strange but a lot of the threads only seem to go upto a certain stage, assume a lot of people waiting for court hearing or even mediation if they have chosen that route.

H

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Ok, I am halfway through a WS for you to consider, I will need to add a few more bits and then you will have to fill in the blanks as far as relevant cases go

 

Sorry been working...ok thanks for that eb

H

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eb...not sure if your still on with the WS, but I've given it another go. It reads not bad to me (but what do I know), not sure if I should mention the phone calls...your comments much appreciated

 

If any of you guys on here could give me a hand with this please...as I say, my wife is already for paying this & I'm sure you guys don't want that..just need help now seeing this one home please.

Doc1.docx cav bw.130117.pdf

H

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What you have is OK in itself, a bit brief.

 

 

See what I have thought of, and add any points you want to make to that.

 

Debt collection activity is legal as long as the debt is real......

That is another argument that you dont want at the moment as it will just muddy the waters.

 

 

If you decide to sue them for breaches of the DPA then by all means add it to that.

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Ok thanks, done a lot of scouring of other threads and I know its not seamless and my understanding of the laws is poor at best...so apologies for any inconvenience caused.

 

A bit brief, others I have seen have been of a similar length, but I will go with your direction.

 

No, its not my intention to make gain out of this, I..she just wants it to go away

H

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std reply if go read other BW thread

 

 

not so!! either!

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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std reply if go read other BW thread

 

 

not so!! either!

Yep...think its the 2nd time they've told me that. New to this but I'm staggered by their detachment from the truth and the law. Haha...just noticed the re-hashed pdf title...excellent.

H

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Just been trolling the Web, found this...same location as me and they lost.

 

Would appreciate Site Team to take a look through the thread and see where the mistakes where made...or is it just a Judge with little understanding

 

 

http://forums.moneysavingexpert.com/showthread.php?t=5475090#topofpage

H

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crap defence

far too much detail at that stage

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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