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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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nosnibor

Problems With The Late Future Energy

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I was a dual fuel energy customer of Future energy, joined them in August of 2016

 

 

I provided them with accurate usage figures for the previous twelve months and they set my monthly direct debit figure.

 

 

Service wise it was poor from the outset their web site never functioned, just constant messages saying they were working on it and the service would be available soon.

Unable to access bills on-line I was reliant on paper billing and in May 2017 even this stopped!

 

 

I telephone Future on numerous occasions to express my concern that I was not receiving bills and that I was worried that my monthly payments may not be covering my usage, I was always reassured that if that was the case I would be informed of the need to increase my monthly direct debit.

 

 

Fast forward to March 2018 when I receive a letter from Green Star Energy informing me that Future had gone bust and they had been appointed by OFGEM as my new supplier.

 

 

I have now received a letter in the Future colour scheme with Future energy logos, but which is in fact from the administrators, they have meter readings for my electricity supply but apparently, they have no readings opening or closing for my gas supply.

 

 

 

They have therefore estimated my gas usage and on that basis, I now owe them £700!!

 

 

Questions

 

Did Future Energy have any sort of duty of care towards me with regard to the management of my account providing regular bills and so keeping me informed that I was accruing a negative balance? After all its far easier to increase monthly payment by £30 or £40 than pull £700 out of the hat.

 

 

If Future did have any duty of care as they have now gone out of business is there anything I can do?

 

 

In any event can the administrators force me to pay an estimated bill?

 

 

As always thanks in advance for any guidance or advice.

Nosnibor


"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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Do you have the gas meter reading from when they took over your supply, nosnibor?

 

 

HB


Illegitimi non carborundum

 

 

 

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Good Morning HB,

 

 

Thanks for the prompt reply, yes I do

 

 

 

N


"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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Hi. Good, so can you work out how much gas you used up until the new company took over and what it would have cost?

 

 

HB


Illegitimi non carborundum

 

 

 

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If you owe money it is to the administrators so the newco should start with a clean slate. That means you need to work out what you owe if anything.

 

You can use the back billing rules to write off any amount that is more than a year out of date so if the error on DD started at the beginning then that part can be scrubbed.

 

Up to them to prove otherwise if they want to argue.

So if shortfall consistently £10 a month then you knock £120 off the amount due and negotiate time to pay the administrators

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Hi,

 

 

Sorry have taken a while to come back, Dad taken into hospital at the weekend:|

 

 

Ericsbrother that is interesting info regarding back billing sorry if I'm been a bit thick just need to get it clear in my head before I open my mouth:wink:

 

 

I received demand for payment from the administrators on the 20th July 2018 does this mean they can only bill me back to 20th July 2017?

 

 

Many thanks

N


"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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We could do with some help from you.

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Thanks for that Andy I will have a read when I get back from hospital visiting:|


"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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If they havent billed you before and you havent been hiding from them then yes, only the last year counts.

 

You will need some meter readings to show that their demands are in line with consumption or they will just send an estimate for 4 grand and try and cover all eventualities.

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Morning folks,

 

 

Based on the info from you guys and the meter readings I have (I continued to send them even though they stopped providing bills) they would owe me money!!

 

 

What would be me best move now,

write to them pointing out the “back billing” regulations,

providing the meter readings I have and requesting a revised final account?

 

 

Thanks

N


"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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If your figures are to your advantage send them and demand a revised bill and point out that if you dont receive this in a coherent form you will raise the matter with the onbudsman.

 

If they do indeed owe you money then tell them that they have a finite time to refund you, a month being more than long enough

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Thanks for the advice so far, could you have a look at the attached letter and tell me if you think it is okay to send?

 

 

N

Future.pdf


"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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FYI: back billing has been around for numerous years


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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Thanks DX, I will amend my letter, best to at least appear to know what I'm talking about:wink:

 

 

N


"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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Morning All,

 

 

Just to update, I wrote to CDS Global saying that I acknowledged there was a debt outstanding to Future Energy and that I would be happy to settle this but only upon receipt of a bill not backdated more than 12 months and based upon accurate meter readings (which I provided)

 

 

Basically, they ignored this and adopted the usual DCA tactic of sending me text messages asking me to call them as a matter of urgency, however, I have now received an interesting e-mail stating that as they are a debt collector and not subject to OFGEM regulations then the restrictions on “back billing” do not apply???

 

 

I’m pretty sure this is nonsense but would appreciate any advice on how best to respond or if in fact I should respond at all.

 

 

Many thanks

N


"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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Well they are powerless anyway so ignore them deal with the real owner of the debt

Bounce and block their emails.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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