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    • Name of the Claimant ? William chapman   Date of issue – top right hand corner of the  claim form – this in order to establish the time line you need to adhere to. 14 May 2019 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -  1st June I think ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claim is for £4000 relating to unpaid charges for energy supplied by the claimant to the defendant, and set out in an invoice date 26 June  2017 full particulars of which have been delivered to the defendant. And the claimant claims any further arrears that may have accrued and become payable since the commencement of these proceedings. And the claimant claims interest on the sum due pursuant to section 69 of the county courts act 1984 from the due date to the date of issue at 8.00% per annum being £630 and further interest on a daily basis until the date of judgement or sooner payment at a daily rate of £0.91p. The claimant claims (1) the sum of £4000, (2) interest of £630.00, (3) continuing daily interest at £0.91p.   What is the total value of the claim? £5100   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? I received a letter before action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes, but they were aware of this and have had my address from the day I moved   Did you inform the claimant of your change of address? Yes Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Probably phone    Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Only on one of them   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. im not sure   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? Not that I’m aware of   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No   Why did you cease payments? We got into financial trouble, for behind, made an agreement to pay, which we did, then they increased the payments a lot and I couldn’t afford the new payments, and then we moved and our supplier changed   What was the date of your last payment? I don’t know   Was there a dispute with the original creditor that remains unresolved?   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan sort of yes, as part of our monthly payments, but they broke down shortly before we moved. I can’t honestly remember a great deal about it all as it’s a few years ago and I was regularly in and out of hospital at the time
    • Question guys -   If the alleged loan was applied for online and a "digital signature" was used to complete the application, what then constitutes an original CCA as it won't be like a paper based one that has a 'wet' signature.    As Lowell appear to have a copy of the online application what would they be expected to bring to court and would the document they have be enough for them to win? Or am I missing something in my knowledge on this?   Thanks.
    • couldn't see anything for southwell street that relates to TPS on the planning portal. Have asked them to call me back. Thanks for the info by the way.
    • @fkofilee thanks that’s definitely what I intend to do 😁. I Would just like to know if there is any course of action to stop them from spamming me with letters/emails in the future?   @dx100uk I know you are just trying to help however I think you have misunderstood. I have only dealt with them via post. They replied to me via email which I assume they have from when I signed up for the gym originally, which is why I stated I had yet to receive any further postal communication. I hope that clears up any confusion.
    • Hello i was hoping someone might be able to give me some advice please. It’s a bit complicated, but I’ve ended up with a claim form and I’m terrified.  I moved house two years ago. At my old address I was with npower. I lived there for 3 years. We had some financial issues and we were in arrears with npower, but we also were making some payments to them, as agreed with them. When we moved, I had health issues (problematic pregnancy)  and was in hospital a bit and I don’t straight away try to resolve the npower issues. I heard no more from them u til just over a year ago when I got a letter from William chapman solicitors, it was demanding over £4000 from us for npower. They said they’d sent me an incoming and outgoing letter which I hadn’t received, so they emailed me a copy, I sent it back to them and heard no more from them and didn’t chase them. I then received a letter before action a few weeks ago and I now have a claim form from them, dated 14th May. I don’t dispute that I owe npower some money, but I have no idea how the bill can possibly be as high as they’re saying. Even if I hadn’t paid at all for three years that would still be a high bill, but we did pay, even though I know there were arrears. I don’t know how to proceed at all. I can’t afford to pay them over £5000 which they now have the bill at, and I also can’t afford to get a ccj. I’d like to come up with a payment plan but they didn’t respond last time I sent them one. I’d really appreciate any advice please!  
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
Sam86G

BT Cancalleation payout... but line is being taken over

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Posted (edited)

Hello,

 

In August 2018 I took on a BT TV and internet package on a 12 month term.

I did not want to use BT really as I was told their service is bad.

 

I explored all options with other providers such as Virgin, Sky etc but it turned out I could only have BT TV at my rented flat and the lines were BT only also.

 

The time came to have my TV and internet connected and BT came to my flat and within 5 mins the technician said ‘OK, you are activated’……the point he said was active was by my front door which is far from my lounge where I needed BT TV and the modem.

 

I connected the modem to the point by the front door and confirmed it worked with the technician, I then check the TV point but it was dead.

The technician had a look and said ‘yea this point will take 24 hours to come on’ which I could sense was utter nonsense because it was fed pack to the point by the front door, so something was wrong, which didn’t surprise me as it is a very old regency building.

 

24 hours went by and not to my surprise it didn’t work,

I called BT and booked for them to come out the following Tuesday (6 days later).

Tuesday came and it got to 4pm and I called them to find out where they were and they said I had no appointment.

I could not afford to take more time off work so I just parked up the TV issue for the time being as my internet worked and I could get by and would tackle the TV install later.

 

By October I had been given a new opportunity to take a job in Australia meaning I had to move out and leave for Australia in December.

I called BT to say that I needed to cancel and was told I have to pay out the whole agreement to the amount of £578.18.

 

I explained that this felt unfair as they are not supplying me with any future service,

on top of that they never finished setting up my BT TV,

and last of all the new tenant who moves in has to use BT (as outlined above,unless they don’t use phone, or internet) and therefore when they sign up with BT it will cancel off my service automatically.

 

As a result BT will be charging the new tenant for their services and charging me also!

It doesn’t seem right that someone can sell or lease out the same thing to two people at once with only one of those people being a beneficiary.

 

Any advice on my matter would be much appreciated,

I understand I signed an agreement, however they never fully installed what I paid for and they are also trying to make me pay for something someone else will be paying for going forward… it doesn’t seem right.

Edited by dx100uk
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you didnt bite their backsides over the non working TV bit so in effect you have accepted the contract with all of its faults. if you had kept on at them about thr telly you could have decided the contract wasnt properly crystallised and walked away and if they played silly sods sued them fro breach of contract. You are now in a much harder position to get anywhere but still worth a try. Adding the bit about the double contract may help you as you are not in a position to assign anything to the new tenant so there must be a break.

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Will BT pursue you in Australia for the £500?

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