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    • The companies you tried to arrange supplies with, should have told you there was a problem registering account for new address. If they could not contact you by phone, they should have written to you.   Had they done this, then this would have been resolved.    Don't bother complaining to Marston's. It is the energy companies that should have done more. 
    • I'm not sure what the form is – would your new suppliers normally have contacted the old supplier to say that there was a change? If you could show that spark should have known that they were no longer dealing with the account holder at the time that they apply for the warrant, then it seems to me that they do bear some culpability. By the way one of the site team mentioned that at some point Marston would contact me. I'm afraid that's not the way it works. I've now referred the matter to Marston and they may well decide to contact you – the Original Poster for more information or simply to inform you that in the circumstances that there is nothing that they are able to do. I'm afraid it's out of my hands and I never asked for or ever receive any feedback about the references I make to them at this level
    • I've forwarded the details of this to Marston – but I'm not sure that there is much that can be done in the circumstances. If the energy company had been informed – or if they had reason to know that their customer was no longer at the address then of course obtaining the warrant was outrageous. As it is, it would seem that the previous tenant hadn't informed them and had simply done a runner – and unfortunately you have taken no action to return any mail to the sender so as far as I gather, there is no reason for the energy company to have known what has happened. Please note that I haven't really looked through this thread very carefully since I originally posted so are not au fait/can't remember all of the details – but that is my sketchy understanding. If this is the case then, although of course something needs to be sorted out – I have to say that it would have been helpful if you had either opened the mail or returned it. I know that you say that you have never had to do this in the past – but maybe it would be good practice in the future. It could be that in the past you have simply been lucky. You are talking about clearing the balance of some outstanding debt which belongs to somebody else? This seems to be extraordinary to me – but then I'm afraid I haven't been following the thread very closely  
    • 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.    
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Cosmicdancer

PRAC/BW Claimform - THE MONEY SHOP PDL DEBT

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Hi just to summarise this was from a payday loan on 12/04/2013 from the money shop. Bw legal have issued a claim form stating their client is PRAC Financial .

 

Name of the Claimant ? prac finance

 

Date of issue – 15th April 2019

 

Particulars of Claim

 

What is the claim for –

 

I had taken a payday loan from the Money shop in April 2013, i had a lot of other payday loans running and other financial commitments at the time and could not pay.

 

What is the total value of the claim? £449.63

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No, prior letter before Christmas was a discount offer letter.

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes

 

Did you inform the claimant of your change of address? No


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

 

When did you enter into the original agreement before or after April 2007 ? After 2007

 

Do you recall how you entered into the agreement...On line /In branch/By post ? In branch

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No

 

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. Account assigned to purchaser and they have instructed Bw legal to take action

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? I cant remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No but have not updated address.

 

Why did you cease payments? Too many loans at the same time trying to borrow to pay others off, other financial commitments with bigger payday bully loan companies

 

What was the date of your last payment? Never

 

Was there a dispute with the original creditor that remains unresolved? Not that i know of but i am aware i could probably send them an IRL letter.

 

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

 

 

Have done aos today ( 08/05/19) not sure if too late , have got the draft CPR & CCA requests ready to print in library to send off tomorrow.

 

thanks

 

 

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full particulars of claim please verbatim

 

date issued?

date of agreement [exactly please]

 

have you not started IRL complaints on every PDL as advised on your other thread weeks ago?
 


..

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Sorry I thought it was in there 15th April 2019

 

thanks

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Date of agreement is 12/03/2013 

date of issue is 15th April 2019 

 

I will add particulars of claim when I am back to a computer hopefully this evening 

 

I had every intention to do IRL but I have had a lot to do in life at the minute my relative was put in hospital due to their debts not so long ago and with your help I won a case for them. 

 

Thanks again

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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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Hi I have sent CCA to PRAC & CPR to BW legal yesterday by special next day signed for delivery so they should sign for it by 1pm. 

 

Will add particulars of claim this afternoon ,

I did the MCOL but I did tick contest jurisdiction I hope this doesn’t make a difference …

 

am I right in thinking I have until 15th May to file defence?

And is statue Barr a possible defence ?

 

Not sure where to go with my defence about being an irl, or could I say I am in dispute with the original creditor because it was an IRL?

 

I am sure u will be able to help me more when I add POC and I would like to thank you once again for all your previous help words can’t describe the relief from my relative from getting her CCJ discontinued.

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Acknowledgment of service should have been done by 3rd May 2019...defence is due Friday 17th May by 400pm.

 

Andy


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Hi Andy thanks for the reply , so am I right in thinking because I did a late AOS I could be getting a judgement by default? 

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No as it let you acknowledge service...you was just in time


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

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Thanks : had a letter from BW legal today saying I have until 26th May to get in touch with a payment plan or reason for non payment or they will continue with the ccj... it’s far 2 quick for a response of the cpr letter though as they will have only received it today ?

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ignore

 

get researching your defence.

when did you take this loan out please?

 

 


..

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so you never paid anything on this?

 

then its statute Barred

 

file our SB defence.

end of the matter


..

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Correct I have not paid anything on this , and thanks I will get right to it .

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Hi just an update, i filed an SB defence, and i am now being offered mediation ? i looked again and the date was 12/04/2013 not 12/03/2013...

 

They never responded to my cpr or cca request i sent this via next day recorded delivery in may sometime.

 

Any ideas what to do next? thanks

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Offered mediation by whom?

You mean youve now got an n180 from northants bulk court??

 

Dx


..

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i received a letter from the court ( i cant remember what it was called )

but the claimant had ticked for mediation ,

 

i replied ticking mediation too.

 

I received an email from a company offering mediation on 28/08/2019..

The company is here Email: scmreferrals@justice.gov.uk
Post: Small Claims Mediation, HMCTS, PO Box 8793, Leicester, LE1 8BN

 

I was just going to tell this company that i hadn't received  a cca request reply or a cpr reply and the debt is probably statute barred.. but haven't got round to contacting this mediation company as i am unsure what to do/say

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Should tick no to mediation on the DQ N180 when submitting a statute barred defence...nothing to mediate over.

This is what happens when you fail to come back for advice for 4 months and submit forms without checking.

 

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

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Oh dear. Is it pretty much over for me now ? I can surely reject mediation as i don't meet the requirements for mediation.

 

Which are:

1. For mediation to be successful you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility. Can you agree to this?
2. Can you confirm that you have enough information about the claim to allow you to enter into negotiations and that you do not require any further evidence from the other party before you can mediate

Mediation is only available to you if you can answer YES to both statements above. If you cannot answer YES to both statements, mediation is NOT suitable for your case.

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just reply that you now refuse mediation as he debt is statute barred

nothing to mediate over

 

hasn't hurt you much

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i replied, now have a letter saying a hearing (date tbc) at my local court. There is a slight possibility i entered into a £1 a month agreement with the orig creditor some number of years ago which only crossed my mind today : ( . I didn't recieve any reply to cpr or cca request from account holder some number of months ago. will this go in my favour? not lookng forward to a court hearing. thanks

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Found out that i have made them payments via stepchange.. the last payment was 3rd june 2014... am i totally screwed now ?

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