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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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joesoap

Robinson Way OH's old barclaycard debt - Statute Barred??

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Mrs Soap had an old debt with Barclaycard and due to her illness it wasn't paid off.

She has been pestered by Robinson Way off and on but again, because of illness letters were ignored.

 

I managed to dig out the paper work and according to my records, nothing had been paid for over six years. 

I wrote to Robinson Way on 4th April and quoted the relevant regulations.

 

She has received a reply from Robinson Way and it states,

"We can confirm that your account is not statute barred as the last payment received on this account was for £5 on the 22nd of February 2013".

According to my maths this time lapse is over 6 years

 

before I write back to RW I'm wondering if I'm missing something or is RW trying it on; any comments will be greatly appreciated.

 

Joe Soap

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Hi

 

Some guys with more knowledge than me will likely be along to help out.

 

In the meantime did you receive a Default notice and if so do you have it and if so what is the date on it?

 

It is reported elsewhere on this site that after a recent Appeal ruling that the date from which the Statute Bar calculation runs is not the date of the last payment but the date of the Default Notice.

 

If your last payment was made BEFORE they sent you the default notice then the SB date is six years after the Default notice date (or five years if in Scotland).   As default notices might be sent several months after you default it could be that the account is not yet stat-barred.

 

However, if you paid anything after the default notice then by their admission the last payment was 22nd February 2013 which was six years and sixty-eight days ago.  If the law says that the SB period runs from the Default Notice date then that was before 22nd February 2013 though you might have said to have acknowledged the date with the 22nd February 2013 payment.   Either way, it is stat-barred in this circumstance.

 

If you do not have a copy of the default notice I would do a SAR request to Barclaycard asking for your data.  When it arrives see what they say about when the Default Notice was issued.  With that date and the date of the last payment, you will then know where you stand.

 

I would not myself communicate further with Robinson Way on this or any other matter until you are in possession of the facts.  After all the longer you leave it the more likely it is that you will go beyond the SB date even if the default was issued after your last payment.

 

Hopefully, some others will come on and confirm my post or add useful material.

 

 

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moved to BC forum.

 

I wouldn't bother replying to them.

they have her address now

let them issue a PAP letter if they are so sure!!

 

dx

 


..

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Thank you for the replies.

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It's good that they have given you a firm date to work from (not that it's necessarily correct - so do your own homework too),

 

but if you can also confirm the default date,

you then will know that six years after that date,

the matter will be completely dead and buried

- as they may argue that the default date is when the SB clock started ticking.

 

As things stand,

by the time they get around to issuing a PAP letter,

and the time it will take for you to reply and them to respond etc.,

it'll likely kill another couple of months.

 

Just strengthens your position every month that passes.

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Took no action as suggested and true to form, another letter from RW stating the debt is not statute barred; guess I'll let this one ride too.

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