Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • So here is where things stand at the moment (sorry it's a very long post!):   I moved into this property in November.  I contacted both my electric and gas suppliers to change address and get my accounts moved over.   Electric - I closed my old account from my previous address, opened a new account for this address, set up a direct debit and requested they become the supplier.  The only thing that was outstanding on the account was a discussion about tariffs.  On 21st November they tried to call me but I didn't answer (judging from the time I was probably driving home from work).  I received a payment from them at the end of November from my previous account (which I clearly didn't check as I thought it was money going out for my direct debit).  I incorrectly assumed the call was about tariffs, which tbh, I'm not really fussed about. Their request to become the supplier was rejected but they didn't follow up on it or try to contact me again.  So I, like an idiot, thought it was all sorted out.  It's only now that I've been through my account that I realise they haven't been taking payments. I have spoken to them since Friday and the above is what they have told me has happened.   Gas - I closed my old account and have been trying to get a new account opened since November.  I have had several discussions with them re: the change request being rejected and they didn't know why it was being rejected but to leave it with them.  They told me at the beginning of this month it would be done by the 21st January.  During this phone call they said I could call the current supplier to make sure it goes smoothly but that it wasn't essential as they expected it to be completed by the 21st.  Last week they sent me a final demand for my previous address.  I contacted them to raise a complaint as I thought they were at fault, as I expected it to have been changed as per the above.   I spoke to them on Saturday and have sorted out my final bill and they have advised me to open accounts with the current supplier, Spark, clear them and then I can switch. Interestingly they also told me that Spark went bust in 2018 and it is a company called Ovo who are on the national database as the gas supplier.   Spark - This is the company who changed the meters on Friday.  I have two letters (one for gas, one for electric) that were left with the smart meter they had plugged in in the kitchen, both addressed to the previous tenant.  I obviously did open these on Friday.  Both letters state that they had changed the meters to prepayment meters.  There are several boxes that list current debt, amount of credit on meters etc none of which are filled in.  They also state that a booklet has been left explaining how the smart meter works.  There was no booklet. When I contacted them on Friday they told me that I was in fact on credit meters (I don't know if they changed this remotely when they realised I wasn't the person with the debt).  They also told me they had every right to enter the property and aren't able to check every time who the current occupant is and I should have told them I'd moved in.  I was told that someone would call me at 1pm on Saturday to discuss my complaint, thus far no one has called me.   I spoke with citizen's advice yesterday who really weren't much help tbh.  They said I should have contacted the current supplier when I moved in and provided a copy of my tenancy agreement.  I've moved A LOT over the years and have never had to do this.  I have checked several energy supplier websites and they all state to switch to them or move home simply to contact them and they will basically do the rest, not one of them states that you need to call the current supplier... obviously, on reflection I really wish I had!   My letting agent/landlord have requested that I take any post for the previous tenant to them and they will return it.  They also want confirmation of what type of meter (prepayment or credit) is now in the house.  The locks were changed when I moved in so only myself, the letting agent and the landlord have a key.  None of us let them in on Friday.     My next step is to open accounts with Spark/Ovo, clear the balances since November and then change suppliers.    All of the above have advised me to follow Spark's complaint procedure which I will do but as I said above they haven't contacted me so far re: the complaint I made on Friday.   Should I also contact Marston's to raise a complaint with them?   Whilst in all of this I do appreciate I could have done a fair bit to have made my life easier and probably prevented this happening (hindsight is wonderful!) my main complaint is that neither Spark nor Marston's felt they needed to perform a very simple check and see who actually lives in the property before breaking in.  I cannot for the life of me see how this is acceptable or legal.  Whilst they had the legal right and a warrant to enter the previous tenant's property as far as I am concerned they had no right to enter mine.    
    • I am in the process of looking on the land registry and it's showing on there alongside Lloyds bank,am going to look at deeds aswell  
    • Just a note that these appeal Trade Associations, are bodies these fleecers belong to so they are allowed to operate, appeals almost always fail, and by appealing important protections under POFA are lost as the appeal almost always identifies the driver.  Irrelevant in your case as you own the space, and the PPC have no rights in law over it.  POPLA appeal could also fail as POPLA wouldn't look at primacy of contract and the fact you own the space so can tell the PPC to Foxtrot Oscar. Whole Private Parking Industry is a money machine for unscrupulous ex cowboy clampers.
    • If you have insufficient evidence to support the claim, it is very difficult.   No point going to any Personal Injury Solicitors, as they are going to ask you questions to determine how easy it is to win compensation and for them to earn money.    Given lack of evidence and that you are unlikely to receive help from those who just seek to earn from the incidents, I can only suggest that you write to the HR Director/Manager to make a complaint. Do not say anything about looking to take them to Court for personal injury.  Stick to the facts about what happened and the way it was dealt with.  Ask for copies of the incident/accident report forms that should have been completed by the line manager responsible.
    • My point was that the fear being generated is disproportionate to the current threat. Initial under reporting of cases gave an inflated picture of the percentage death rate and images of cities in lockdown do look like a disaster movie so I understand why. This article is worth a read for some perspective. https://www.theguardian.com/science/2020/jan/27/what-is-coronavirus-symptoms-sars-china-wuhan          
  • Our picks

Toonwanderer

Lowell Consent Order Advice Appreciated

style="text-align:center;"> Please note that this topic has not had any new posts for the last 291 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi Everyone

 

I'm not sure if I'm posting in the right place as its the first time I'm doing so.


I have a similar issue which I would appreciate some help with before making a decision as to what to do next.


I started receiving a whole series of letters from Lowell about 4 years ago in relation to an alleged debt of around £xxx apparently due to Orange Mobile and didn't respond to any of them as I genuinely believed that I did not owe the money and as I had several Orange accounts over the years I couldn't identify the account they were referring to and therefore couldn't confirm the facts one way or the other.


Fast forward to January 2019 and I received a County Court Claim (from Northampton) for the amount owed plus interest and costs etc. I acknowledged service and ticked the box stating I wish to defend all the claim. 


I then sent a CPR 31.14 request to Lowell requesting copies of all documents (via Recorded Delivery) listed on the particulars of claim including the original agreement. They did not reply within the 7 day deadline I gave them so I promptly sent them a reminder as I had to file my defence by 5th March, but again no response.

 

On the 5th March I made an application to the court (N244) seeking an order that the documents (same as previously requested) be delivered within 7 days and that cost be awarded to me. I attached a copy of a draft order and witness statements etc and sat back and waited.


A few days later I received a letter from the court saying the case had been transferred to my local court for a hearing which I eventually received notification of on April 2nd (dated March 27th) - the date listed was April 12th.


On 21 March I received a recorded delivery letter from Lowell (postmarked 19th March) with various enclosures but not the agreement which they claimed they did not have to provide as it was not a regulated agreement. 


When I went through the letters I found a 'holding letter' dated 5th March (same day as my defence had to be filed) which I did not receive plus another letter offering a discounted settlement but bizarrely the figure was 0 !

 

Yesterday I made an SAR request to both Orange (now EE) and Lowell which I sent via recorded delivery and both have been received.

 

Late this afternoon I've received an 'urgent' letter from Lowell Solicitors stating that their client has taken a commercial decision not to pursue the matter and that if I was to drop the matter, agree to vacate the hearing and not pursue costs they would agree to dismiss the original claim. They've attached a Consent Order to this effect. 

 

I do feel I have them on the back foot but I do not want to be seen to be wasting court time and/or antagonising the judge so I'm would appreciate any advice for or against accepting their offer.


The one thing that does concern me is that Lowell may start the case all over again at some point in the future either themselves or by selling on the 'debt' to someone else and I am therefore minded to insist on an additional clause being added to the Consent Order preventing them from doing so.

 

Is this something anyone has experience of and/or can offer advice on? If so I would appreciate some examples of the wording I should use.


Many thanks.

Share this post


Link to post
Share on other sites

IMHO agree to it.

they nor no-one can goto court again for the samr reason [poc or very similar]

and even if they do.

then a defence including:

 

adapt AS NECESSARY
THIS IS AN EXAMPLE ONLY

The Defendant contends that the Particulars of 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.The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claimicon pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

.
2. Paragraph 1 is accepted. I have, in the past, entered into a contract with EE Limited , however I do not recall the exact details. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received.
.
 3. Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974. 

 4. Paragraph 3 is denied.I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 18 November 2016 from my cpr31.14 request. This is the first time i have seen this letter.
.
 5. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county court Judgment and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim
.
 Therefore the Claimant is to provide strict proof to:
.
 (a) show how the Defendant has entered into a Agreement/ Contract; and
 (b) show how the Defendant has reached the amount claimed for; and
 (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

.
 6. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant.
.
 7. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed.
.
 8. As the Claimant is an assignee of a debt, 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.
.
 9. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.
.
 10. 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 
.
nicked from andyorch

 

 

would blow them out the water.

 

which is how you should have conducted your case

not via N244 and its expense..no need for that.

 

but its over with now so..

 


..

Share this post


Link to post
Share on other sites

Thanks for your very prompt response 😀

Just a couple of questions .. once signed and returned to Lowell, should I send a copy to the court too or should I just leave it to them?

With regards to N244 I was able to get help with the fees, will I have to repay any/all if I sign the Consent Order?

Once again many thanks. 

Share this post


Link to post
Share on other sites

if you got ex160 remission then nothing to pay no.

 

no need to copy to the court, that's lowells job AFAIK, but there'd be no harm in checking with the court nearer any dealine that's been given? that is has been disc'd.

let andyorch confirm all this , he should be around later.

but I think that's all the right way around doing things..

 

dx

 


..

Share this post


Link to post
Share on other sites

You received this letter today Wed and your in Court Friday 12th?

 

Agree to the Consent but still attend the hearing and take 2 copies of the Consent with you......unless you can get it all sorted tomorrow and check with your local county court the hearing has been vacated.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Sorry for the delay in getting back to you.

Yes the letter and draft Consent Order attached to an 'Urgent' email was sent to me yesterday by the .. and I love this 'Complex Cases Team'!

I've taken on board your advice and signed, dated and returned the Consent Order. I also sent a covering email asking for a copy of the order signed by them and confirmation written confirmation that they had sent the order to the court which they duly supplied. 

 

I also categorically stated in my email that my acceptance of, and agreement to the Consent Order was subject to the alleged debt been written off which they have confirmed and that the matter is now closed.

 

It seems persistence does pay!

 

Thanks once again folks for your help.

Share this post


Link to post
Share on other sites

The Complex Cases Team " are the ones with the posh desk and can read and write..they are also allowed pens unlike the others who have crayons.

 

I would still check with your court in the morning that the hearing has been vacated.We have seen every trick in the book from this crew.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

I called the court this morning and they confirmed that they had received the Consent Order and that the hearing had now been vacated. I made a record of the time of call and the persons name that I spoke to.

 

By the way I love your description of the 'Complex Cases Team' 😂 😂

 

 

 

Share this post


Link to post
Share on other sites

:thumb:........:becky:


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...