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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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Having some issues with Flow Energy currently that I need some advice on.

 

Basically I switched to them via the compare the market website in July 2016, but in November / December 2017 they contacted me to tell me I'd not been paying them enough via Direct Debit, and unbeknownst to me the bill had risen to about £1100. I admitted the fact I hadn't really looked at my bill, and hadn't submitted enough meter readings. But I challenged them on the fact my direct debit was clearly too low, and that they were also aware of the national average (As they had used this as an example to me to demonstrate why my direct debit was too low) and why had they allowed it to continue knowing my direct debit was too low.

 

To compound matters they had also given me a price increase in July (which I hadn't noticed, or missed). We finally agreed that they should re-bill me for that period at the old rate I was on prior to July, and this took the bill down to about £900.

 

I have now received another E-mail saying they're increasing my prices.

 

So, I really need some advice on how to approach this as Flow seem to be keeping me in a kind of debtors prison where they are the jailor. Can it be right that they increase my bill knowing I'm 1. struggling to pay anyway and 2. being aware of my financial difficulties (I gave them a brief income and expenditure). The current payment per month is £101 across 24 months.

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Between July 2016 and November 2017, had they been relying on your readings? Estimated readings? Or their own readings?


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Between July 2016 and November 2017, had they been relying on your readings? Estimated readings? Or their own readings?

 

I believe I gave them at least one meter reading during that period, but their website is pretty poor and doesn't display all the meter readings given.

 

Outside of that, they were using estimates.

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Hi all,

 

I would post a new thread, but I started this one a while ago but it didn't see much response.

 

I'm still having issues with Flow.  Due to moving properties, I contacted them to switch addresses and checked my statements (I don't receive regular bills, and it relies on me logging in).  Stupid of me to leave it so long but there's a lot going on at the minute.  I noticed that in October 2017 the charge for Electricity went up to 17p and gas rose to 4.82p.  This is inclusive of the standing charge and kw/ph charge.  My debt to them because of the increase they implemented is now £1100, and the direct debit agreed as part of the payment plan is still not high enough to pay the debt down.

 

I queried with them why this was and that I felt the increase is unfair because I'm in debt and have already communicated to them that I was financially struggling.  They responded basically saying that there have been market wide energy price increases and the increase was justified and that they can continue with the payment plan of £101 per month.  I replied and said this was a waste of time because the direct debit is still clearly not high enough to cover the increase they implemented midway into the payment plan we agreed.

 

Having checked on-line I can also see that the national average for electricity is much lower as well as the gas, so I think blaming this on price increases is being dishonest - Unless anyone can disagree with me?  Looking on-line, the average for gas and electricity is a lot lower, so I don't see how it's fair to charge me more than the national average, and allow me to accrue such a large amount of debt.  Also, surely if they are blaming price increases technically I'm still paying for energy and gas I consumed before any price increase?  (As this has been ongoing since 2017)

 

Any advice?  Their last note was to inform me that they would pass this on to debt collector.

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Greetings Jase, at those prices you must have been sheepish, because Flow Energy were fleecing you!

 

Iresa Energy; V4; 02 May 17 - 02 May 18; Direct Debit in advance £80; usage £77.75
Gas = £0.02642 per kwh, Standing charge £0.1696 per day 12500 kwh per year = £411.76 (£34.31 per month).
Electric = £0.108 per kwh, Standing charge £0.1766 per day 4000 kwh per year = £521.28 (£43.44 per month).

 

Iresa Energy; V5; 02 May 18 - 02 Aug 18; Direct Debit £80 in advance ; usage £81.07 ( Ofgem  Rules no DD changes)

Gas = £0.028 per kwh, Standing charge £0.1696 per day, 89 kwh per quarter = £29.97 (£9.99 per month).
Electricity = £0.1142 per kwh, Standing charge £0.1766 per day, 972 kwh per quarter = £117.11 (£39.04 per month).


Andrew

ASI Industries = As i in does tries!

 

As i in does tries!: My definition.

I will try, i may never succeed in the goal, but at least by trying i have a greater chance of success than never trying at all!

 My opinions are my own & occasionally may offend, but it is not my intention to cause offence in the first place!

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I agree, but to be fair I signed a 24 month payment plan and the costs were set at 12p for the electric and almost 3p for the gas.  Flow then increased the charge midway through the payment plan, which I have only just noticed.

 

Any ideas of how to deal with this?  Their position is currently that they'll send it to a DCA.

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Posted (edited)

Greetings Jase, do you know if the plan was fixed or variable?

 

If it is fixed they cannot change it mid-term!

 

Debt Collection Agencies usually send's you a threat-o-grams, full of words like "If you don't pay us we may visit your

property, we could get you Arrested, you might loose your possetions", DCA's have less powers than your next door

neighbor.

 

Edited by ASIIndustries

Andrew

ASI Industries = As i in does tries!

 

As i in does tries!: My definition.

I will try, i may never succeed in the goal, but at least by trying i have a greater chance of success than never trying at all!

 My opinions are my own & occasionally may offend, but it is not my intention to cause offence in the first place!

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Posted (edited)

Hi, I'm on "Flow Fixed January 2020".  I think this was amended to flow fixed until 2020 when I set the payment plan up, but I was unaware of the fact the charges were higher.  Had I been, then obviously I would have queried it there and then... 

 

I know about DCA's; i'm not concerned in the slightest about whether they send it out to someone because the bill is in dispute.  I'd just rather Flow dealt with it honestly now...

Edited by Jase1982

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Posted (edited)

Greetings Jase, the easiest way to get rid of DCA'S is tell them the account is in dispute.

 

You should always take readings of your meters at least once a month, I tend to a reading on the 2nd of every

calendar month, then I work out exactly how much that energy cost.

 

You could take a meter reading today and another around the same time tomorrow, then subtract yesterdays

reading from today gives you your usage then multiply that by 31 this gives an estimate of a 31 day month,

and do the same for all fuels.

 

You could switch energy provider, however it will cost you £30 per fuel and Flow Energy may block your request

if you are £500+ in arrears.

 

New energy provider:
Peoples Energy; Fixed 1 year 2Months Up front ; ; 18 Apr 19 - 18 Apr 20 Direct Debit £100 in advance ; usage £97.10
Gas = £0.031639965 per kWh, Standing charge £0.2226 per day, 13000 kWh per year = £517.20 (£43.10 per month).
Electricity = £0.13398 per kWh, Standing charge £0.2226 per day, 4000 kWh per year = £648.03 (£54 00 per month).

 

£155 (G £91 E £64) Worst case scenario
31 day Winter Gas usage 2500kWh x £0.031639965 = £79.0999125  + £6.9006  = £86.0005125 + 5% = £4.300025625 == £90.30
31 day Winter Electricity usage 400kWh x £0.13398 = £53.592 + £6.9006  = £60.4926 + 5% = £2.91703 == £63.52

 

Old Energy provider
Bulb Energy Variable ; ; 02 Oct 18 - 17 Apr 19 Direct Debit £120 in advance ; usage £101.58
Gas = £0.0366 per kWh, Standing charge £0.2339 per day, 13000 kWh per year = £589.23 (£49.10 per month).
Electricity = £0.1286 per kWh, Standing charge £0.2339 per day, 4000 kWh per year = £629.76 (£52 48 per month).

 

£166 (G £104 E £62) Worst case scenario
31 day Winter Gas usage 2500kWh x £0.0366 = £91.50  + £7.2509  = £98.7509 + 5% = £4.937545 == £103.69
31 day Winter Electricity usage 400kWh x £0.1286 = £51.44 + £7.2509  = £58.6909 + 5% = £2.934545 == £61.63

 

Bulb estimates my Electricity 440 - 560  a month, yet to date I have only ever consumed 344 kWh in any 31 day month.
Bulb estimates my Gas within 20 units plus or minus of actual usage.
Even although I issue my monthly readings, Bulb still prefers to use their own estimates over my actual usage!

Bulb will send an email stating "you are all set, we will get the next reading in 3 months time"
then they will apply their estimates each calandar month.

At the moment I am in arrears with both fuels, paying £120 per calendar month, but using £140 in a 4 bed semi-detatched house!

 

My last years usage : Gas is in kWh

Gas 13269 kWh, Electricity = 3791 kWh
Winter: December, G 2092, E 344 January, G 2013 E 344 February G 1507 E 273.
Spring: March G 2193 E 339,  April G 1226 E 295
Summer: May G 326 E 340, June G 236,  E 296 ,July G 438,  E 336, August G 236, E 306, September G 281, E 317.
Autumn :  October G 1248, E 300, November, G 1473 E 301.  

Edited by ASIIndustries

Andrew

ASI Industries = As i in does tries!

 

As i in does tries!: My definition.

I will try, i may never succeed in the goal, but at least by trying i have a greater chance of success than never trying at all!

 My opinions are my own & occasionally may offend, but it is not my intention to cause offence in the first place!

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