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    • I came back home on Monday and found this Claim form in my letter box. In the light of what I have explained earlier in regards to this debt claim, can anyone tell if I have any chance fighting it in th Court. SW in the last conversation request the proof of me living somewhere else, which I can't provide. They have info from the landlord of property being rented to me, I was there on electoral register, had bank account opened on this address, Driving licence had this address etc., but I wasn't living there.      Name of the Claimant -  Southern Water services   Date of issue – 12/06/2019     Particulars of Claim   The Claimant is statutory...etc The Claimant claims the sum £969 for unpaid water and or sewerage charges payable under s. 142-144 of the act and the Claimant Charges Scheme. The unpaid sum of £969 is for period 01/04/2014 - 08/07/2015. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year  from 08/07/2015 to 11/06/2019 and also interest at the same rate up to the date of the judgment or earlier payment at daily rate of £0.21   What is the total value of the claim? £1423   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes Letter before Action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes, COA address.   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?    No, water charges   When did you enter into the original agreement before or after April 2007 ? Allegedly after - April 2012   Do you recall how you entered into the agreement...On line /In branch/By post ? No   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No, no anymore   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. Southern Water - original creditor   Were you aware the account had been assigned – did you receive a Notice of Assignment?   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? Never. I wasn't aware of bills.   What was the date of your last payment? Never   Was there a dispute with the original creditor that remains unresolved? Yes, creditor did not take my notice of bills being wrongly issued in my name.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • If the case was brought before a UK civil court would UK rules apply or foreign rules?   I wonder if the original contract would strate what jurisdiction it's terms would be decided by?   I note that UK contracts frequently have a clause that says in so many words that any disputes  will be interpreted under UK law.
    • http://www.hadefpartners.com/News/333/Limitation-periods-in-the-United-Arab-Emirates   One of the key limitation periods to be aware of is the limitation period for a claim for breach of contract. We have been approached by many clients (including in-house counsel at large multinational and local companies, and even international law firms) who believe that the limitation period for a breach of contract (including a commercial contract) in the UAE is 15 years. What they are often not aware of is that the limitation period for commercial contracts (as set out in Federal Law 18 of 1993 (the “Commercial Code”)) is usually 10 years. Therefore, multi-million dollar claims dating back over more than 10 years may now be time-barred.   https://www.jstor.org/stable/3381662?seq=1#page_scan_tab_contents
    • how long did you sign up for ? if they claimed DD after that period …….
    • If this thread was started about your friend, please don't ask Q's about your dad or anyone else.   Keep this thread on track and use a new thread to discuss issues about YD, thanks.   Keeps thread simple and focused.
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    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
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    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
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      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. 
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    • 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/
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I believe that I was subject to maladministration / mis sold pension when I moved out of Barclays Final Salary Scheme into its Retirement Investment Scheme (RIS) in 1998. Sedgwick Noble Lowndes (SNL) were commissioned by Barclays at the time to manage the process. SNL produced a glossy brochure which painted a very misleading picture of the benefits of moving to the RIS and a short questionnaire which purported it to be a ‘no brainer’ if you scored less than 60. I scored 56. If only I’d have had access to the internet at the time! I was very naïve and gullible.

 

I have complained to the Pensions Ombudsman who have asked that I make a complaint through the schemes IDRP first before they can investigate. The Ombudsman has acknowledged however that there was an assumption in the process that younger people were likely to be better off in the RIS. The importance, they say, is whether the assumption was reasonable at the time?

 

Please could you help me to tackle this assumption in my letter of complaint. I need some good evidence to prove that my employers assumption was wrong. I was 31 years old, married, with two young children, and in good health. I had at that point worked for the bank for 15 years. 

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as they say, you need to complain the the barclays pension trustees first.  the onus of proof lies with them because they introduced you to the other bandits  so all you need to show is what you would have got if you stayed in the scheme and what you will geT now (and can they pay the diference without being forced to) they will know thier figures if you cnat work it out so all you need is your projected or known pension. Do you still work for barclays or are you after a top up for your pension to bring you up to the level you would have had at the time you left Barclays?

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How much paperwork do you have from 1998, Jane, in particular about the assumption of younger people being better off?

 

As ericsbrother says, you will need to compare the pension the Barclays scheme would have provided with what the RIS is predicting it will provide.

 

Are you claiming against Barclays or Sedgwick Noble Lowndes which became part of Marsh Mercer towards the end of 1998?

 

HB


Illegitimi non carborundum

 

 

 

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I have got copies of the brochures that were issued and a copy of the questionnaire. The questionnaire score led people under the age of 34 to move away from the Final Salary scheme. I have got to prove that the assumption they made was not the right one at the time.

My claim is against both companies, I feel that they are equally culpable. 

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I don't think anyone here will know what the assumptions were if they aren't in the literature you have. They should have been worked out by Sedgwick's actuarial team based on projected investment returns and so on, so it's probably a question for the scheme trustees.

 

HB


Illegitimi non carborundum

 

 

 

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the paperwork should give examples, I think that a growth rate of 8% was one of the chosen ones to give figures, there were higher and lower ones but these would appear in the printed forecasts.

so, get your complaint into the Barclays trustees now and they will have to show ther hand if they wnat to deny your claim. For the moment you dont need to hang figures on how much worse off you will be, this is about the advice and how it came about. The Ombudsman wil get all of the numbers later but as they have told you, you need to go through the correct procedure and that will be laid out in the terms of the scheme itself so ask for a copy if you dont have one.

Also answer the other pertinet questions, do you still work for Barclays? what are you after at this time?

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I actually left Barclays at the end of 1999 so it is only 15 years service but still it makes a big difference to me. The growth rate used in the projection was 9.5%, which even back then was relatively high risk I think. 

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Did they only use one interest rate in their assumptions,  Jane?

 

HB


Illegitimi non carborundum

 

 

 

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Yes, they only used 9.5%  fund growth rate - expected investment return for the Retirement Investment Scheme. They also used 9.5% annuity purchase rate - assumed to calculate the cost of buying a pension at retirement. They used an assumption on salary growth 7.5% through to retirement. 

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To be honest, I think you're best going to the IDPR process.  Tell them what your complaint is and let the IDRP do what it's designed to do.

 

The Trustees will look at your complaint in full.

 

HB


Illegitimi non carborundum

 

 

 

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There were a large number of cases that went through the Ombudsman that were of a similar nature to your so all you have to do is make your complaint in the correct manner and I'm sure that you will see something to your advantage in around a years time.

The PO was giving you a very strong hint when they told you about using the complaints procedure

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Fingers crossed. Thanks for your advice. I've written my letter now. Just to got to wait and hope. 

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Hi, thank you for the update.

 

What have you said and who have you written to please?

 

HB


Illegitimi non carborundum

 

 

 

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