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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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Dylan12

Select Energy pretending to be NPower on business supply.

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Can anyone give me some advice on how to deal with a new contract I've been spoofed into by Select Energy with NPower.

 

I recently moved into a new shop premises and unfortunately before the process was entirely complete,

the agent died so I had no knowledge of who the energy supplier was.

 

I was in the process of trying to find out when I received a phone call from someone who gave me the impression that they were from NPower and that they were my energy supplier.

 

I was relieved initially because I'd been struggling to find out who the supplier was and he told me that until I'd registered my details I was being charged an emergency high rate which would be reduced once I'd given my details.

For some reason I found this plausible !

 

At no point during the conversation was I told that he was setting up a new contract or that he was an agent,

he gave me the impression entirely that he was the supplier and was just updating new tenant details.

I asked to be billed quarterly and specifically said I didn't want to pay by direct debit.

 

The alarm bells should have rung when he asked for the bank details I said I was uncomfortable giving the details but he assured me it was only to confirm I was who I was claiming to be and that there wouldn't be any payments taken from the bank.

 

A couple of weeks later I received a letter from NPower telling me that I was now in a 36 month contract and they would be taking £195 a month by direct debit. The previous tenant from what I understand was paying less than £50 and the supplier was British Gas.

I was utterly misled

 

when I phoned to question NPower I discovered I was actually on the phone to Select Energy who I had never heard of.

When I did eventually get through to NPower I was told I was in a binding 36month contract and there was nothing I can do.

Surely this is fraudulent.

Any advice would be incredibly welcome.

Edited by dx100uk
spacing

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Hi and welcome to CAG

 

 

As far as my checks have gone, Select Energy are part of BES utilities and BES were sanctioned in 2015 by OFGEM for exactly this reason. It may be that Select has been spun off from BES but I can't find any info so this is based on them still being part of BES

 

 

 

https://www.ofgem.gov.uk/sites/default/files/docs/bes_penalty_notice_of_decision.pdf

 

 

Firstly, stay off the phone and deal with this in writing. A formal complaint is the first thing I would do and give them the required 8 weeks to respond. (I am assuming you are a small business). Make sure that you insist that the recording of the call be maintained in its entirety as it has been suggested that they have edited phone calls to make it look like you have agreed to the contract.

 

 

The outcome of this is that you want to leave without penalty as if you try to do it any other way, they will block the transfer. Whatever you do, do not stop paying the bills whilst the dispute is ongoing.

 

 

There is also the fact that BES are selling up (if not completed already) This from Companies House. Go to filing history and read the links

 

 

https://beta.companieshouse.gov.uk/company/OC349424


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yes BES in sheeps clothing.

 

go get 'em!!


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the plus side is that they will need a recording of their calls to show a contract exists by offer and aceptance. that same recording will also prove they lied to gain a pecuniary advantage so will do for them.

You need to speak to NPower and tell them what has happened and how these bandits were representing themselves as servants on NPower ( use that term as it means  somehting different to agent) and see what they say about it all.

The plus side is if you do get offered a better deal and take it the cowboys wont really want to take you to court as it will reveal their dark practices

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19 hours ago, ericsbrother said:

the plus side is that they will need a recording of their calls to show a contract exists by offer and aceptance. that same recording will also prove they lied to gain a pecuniary advantage so will do for them.

You need to speak to NPower and tell them what has happened and how these bandits were representing themselves as servants on NPower ( use that term as it means  somehting different to agent) and see what they say about it all.

The plus side is if you do get offered a better deal and take it the cowboys wont really want to take you to court as it will reveal their dark practices

Sadly the recordings will be edited to demonstrate that the customer gives their details and says yes to the contract.  None of the recording prior to agreeing to the contract is kept as there is no need which is why BES get away with it.  TBH this company should have been closed years ago by the limp wristed Ombudsman!

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On 22/03/2019 at 15:20, P60 said:

Good afternoon,

I'd be very interested to receive any further information or an update on the issue raised by Dylan 12 above, as I'm afraid I've fallen into the same trap. My daughter took on a commercial premises in October 18 and having initially struggled to find out who the existing electricity provider was,  we made contact with the provider and gave our details. Having not received a bill or any further communication for some time we eventually received a recorded  "Notice of Deemed Contract" letter advising us that we needed to contact them as the new tenant, which despite having already done this we duly did and after some discussion it was agree that the sales team would give us call to move us off the higher rate tariff that had been implemented or assist us in changing suppliers if need be.

 

Shortly after this conversation .... same day...we received a call from Select Energy advising us that as the new tenants they were contact us with a view to ensuring we were on the most competitive package, which of course on the back of the previous conversation with the existing provider seemed perfectly plausible as we were indeed advised to expect such a call. ... I now know that Selects Energy's call just so happened to be bad timing for us ...good timing for them...and we have entered into a verbal contract, having agreed to a fixed three year contract with NPower, who we were advised were the most competitive.

 

Minutes later we received a further call from our "Account manager"  who advised my daughter of her name, gave a contact number  (01253 708955) and advise us that we should speak to her only on that number in future.  The tone of that call raised suspicions, which of course were confirmed as soon as we did a check on the number.

 

We're currently waiting for the Welcome Pack and written contact details, but having read a raft of horror stories from others, am now very anxious indeed as I don't believe the rates indicated over the phone will be adhered to and that there are in fact better deals available. Having researched such verbal contracts and various Ofgem articles, I understand the contract is binding and there is no cooling off period.

 

Any assistance to remove ourselves from this situation and distance ourselves from Select Energy would be greatly appreciated, or at the very least who we should be contacting in addition to yourselves to raise awareness of this practice and try to bring additional legal action against this BES spin off, who seem  to be simply carrying on where they left off after the above Ofgem ruling.

 

Regards

 

P.S..this happened just yesterday 21-03-19

 

 

 

 

 

 

 

 

 

On 22/03/2019 at 20:26, dx100uk said:

please create your own topic from the link uptop

 

37 minutes ago, P60 said:

I'm yet to receive the "welcome pack" but in the meantime have discovered yet further worrying reports of the unit price being charged at much higher rates than quoted, does anyone have an indication of what the unit price is likely to actually be..?

We may be able to help you but you have been asked to start your own topic on this please.

It is very important that you start your own topic so that your story is not confused with somebody else's.

Please will you do this. I'm afraid that we have no other information relating to the owner of this thread: Dylan12. That person has not come back to the forum to tell us what has happened or if they have resolved the problem.

I'm afraid this happens all too often and it leaves people in a bit of a lurch because nobody knows what's going on all the best course of action.

Please start your own thread. And also update us as it goes along.


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