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    • 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          
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Blondmusic

Cabot/Mortimer claimform - old Aqua Card debt

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Hi.

 

I have just received a claim form from Mortimer Clarke Solicitors acting for Cabot.

 

I need help in defending this claim.

 

I have attached and blanked personal details.

 


:cool::cool: Blondmusic :cool::cool:

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please complete this

we don't need to see the claimform, so ive removed it.

 

dx

 

 


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Name of the Claimant ? - Cabot Financial (UK) Limited, 1 Kings Hill Avenue, Kings Hill, West Malling, Kent

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to - 18th April 2019

 

 

Particulars of Claim

 

What is the claim for –

 

1.By an agreement between New Day Ltd Re Aqua & the Defendant on or around 28/10/2016 ('the agreement') New Day Ltd Re Aqua agreed to issue the Defendant with a credit card.

 

2.The Defendant failed to make the minimum payments due and the Agreement was terminated.

 

3.The agreement was assigned to the claimant.

 

4.The claimant, therefore, claims £863.69.

2 Costs

 

What is the total value of the claim? £993.69

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address? N/A


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after April 2007 ? The answer is after

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes

 

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. Debt purchaser

 

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? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Hours cut at work

 

What was the date of your last payment? May 2018

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 


:cool::cool: Blondmusic :cool::cool:

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When did you enter into the original agreement before or after April 2007 ? No 🤣🤣

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

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Sorry. In reply to the question When did I enter the original agreement before or after April 2007. The answer is after. 

 

I shall go onto Mcol and register to sort that out. I will print the CCA request and CPR 31:14 and get them sent ASAP.

 

Thank you very much.


:cool::cool: Blondmusic :cool::cool:

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I have acknowledged the claim on mcol as per your instructions. I did that on the 23rd of April.

 

On the 24th I sent off the CCA request to Cabot and the CPR 31:14 to the solicitors. These were both sent 1st class signed for.


:cool::cool: Blondmusic :cool::cool:

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I received a letter from Mortimer Clarke as follows

 

We have received your request for documents under Civil Procedure Rule 31.14.

 

We have sent your request to our client and will come back to you when we have heard back from them. Our client may not have all the documents you have asked for to hand, they may need to ask the original creditor for some of the documents so it may take some time for us to come back to you.

 

In the meantime your account will be placed on hold.

 

 

 


:cool::cool: Blondmusic :cool::cool:

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........your account will be placed on hold.

 

But not the claim...keep your eye on your due defence date.

 

Andy


We could do with some help from you.

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Ok. After working out the dates I need to have a defence submitted by the 21st of May 2019.


:cool::cool: Blondmusic :cool::cool:

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Monday the 20th May by 4.00pm...18th April being day 1


We could do with some help from you.

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Ok. If I do not hear anything from Mortimer Clarke by Saturday the 18th then I will need some help in filing a defence


:cool::cool: Blondmusic :cool::cool:

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You wont hear anything further...start work on your defence this week


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

 

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I would be happy to get it done as soon as possible. I have never done this before and I appreciate your help


:cool::cool: Blondmusic :cool::cool:

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Have a look in the following forum for a similar claim..pref same claimant and Sol and debt type and make a start at drafting your defence.We will check it and finalise it ready for submission.

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/


We could do with some help from you.

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I found this on CAG as a no paperwork defence. Can someone please look this over and tell me if it is ok to submit this?

 

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 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 claim 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. The Claimant claims £xxxx is owed under a regulated consumer credit account under reference xxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to comply.

 

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

 

4. Paragraph 3 is denied. The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence any cause of action and service of a Default Notice or termination notice; and

(c) show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, 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 and Section 82A of the consumer credit Act 1974.

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.


:cool::cool: Blondmusic :cool::cool:

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Have you made any changes to fit you circumstances and your particulars ?


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I did make a couple of changes. The only difference is that the Particulars of claim are only one paragraph so I will have to change points 3 and 4 for this.


:cool::cool: Blondmusic :cool::cool:

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See post 3

We've already put paras in when you posted then

Aligh to those


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the defence I have posted in 15 is ok to be submitted?

 

In reply to your question Andyorch yes I have.


:cool::cool: Blondmusic :cool::cool:

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looks ok to me I've added the poc with numbers


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Yes thats okay to submit.

 

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

 

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Defence is now submitted. 

 

I received a letter from Cabot in reply to my CCA request and they state they do not have a copy of the agreement. They are asking me to get in contact with them to make a payment plan.


:cool::cool: Blondmusic :cool::cool:

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fat chance of you doing that then eh?

 

tick tick till 28days have elapsed..then its auto stayed. 

 

 


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Ok. Thank you very much


:cool::cool: Blondmusic :cool::cool:

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I have still not received a reply regarding my CCA request. I know that it is stayed by the court now. How do I get it discontinued?


:cool::cool: Blondmusic :cool::cool:

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