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    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I don't see how we can move forward on that basis
    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
    • Late to this, sorry - my wife claims contributory ESA and got her P60 about two weeks ago. Now I know she's overpaid on her tax and I'm just waiting for HMRC (the department I currently work for) to figure it out. They owe her about £150.
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
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kt3u45

Uk Search , Octopus, Iresa?

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Hi,

 

I moved out of a property in July 2018.

I had been having troubles with the electricity and gas supplier Iresa who had never issued a single bill to me, they all read 0.00.

They were very difficult to get in touch with, I opened support tickets which were closed down with no answer.

The readings I provided also were not being input into their system (it was an online based account).

 

Eventually I got through on the phone and spoke to a boy named Hillary and explain that I couldn't pay until they produced an actual bill and I was moving soon.

He promised this would be sorted in the next few days and he would make sure I received the bill.

He said something strange like 'i don't know how much longer I'll even be here', which was a bit crypic. 

Shortly after that they went into administration.

 

I didn't get the bill from Iresa as promised, after I moved I had my post fowarded onto me and nothing came there and my online account still read nil until the website was closed down. None of these utility companies every seem to send letters.

 

After I moved I also changed my email.

I used to check my old one occasionally and realised I had started receiving communications to my email from Octopus who I guess had taken over Iresa customers which was in August 2018.  

 

As I understand it, it was compulsory for customers to be switched to octopus from iresa as they had gone bust, and you had to switch to octopus, who were more expensive, whether you liked it or not. The account was later switched to a new supplier in March 2019 and I received a 'sorry you're leaving email', which I presume was the new occupier switching the account.

 

I realise now that I should have at least got in touch to explain I didn't live there but at the time I was suffering a bereavement and nothing in the world else seemed to matter, and silly things like utilities at an old property were the very last thing on my mind. My whole world was falling apart and I didn't want to have to deal with some utility company I'd had nothing to do with. I also assumed that the occupier at the other end would be dealing with their own utilities and inform them of their move.

 

I realise now that when Octopus switched over from Iresa they just took my name and slapped it on the account without checking who the tenant was.

I had told Iresa about my move but it evidently had not been communnicated to Octopus. 

They started emailing me large bills for around £800 to my email, which included an apparent arrears of around £300 from Iresa.

 

I never received any letters in the post from either company, eventhough all of my mail was fowarded onto.

 

Now at my new address I have received a letter from someone called UKSearchLimited with my name and indicating a utility debt of around £800 on behalf of their client octopus. And that if I don't respond within 7 days they will escalate the matter to recover the debit.

I do not know how they got my address as my credit statement is clear and doesn't show any searches.

 

I understand that since Iresa did not produce a bill within a year, some or all of that may be unenforecable.

However, I don't want to pay all that money to Octopus for a service they have never provided me, and I never signed up to.

 

Since I did not yet contact Ocotopus I am wondering if I should first contact them to explain the situation?

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Welcome to the forum. Please start off by sending an SAR to octopus. Ignore UKsearch.

You're quite right about the fact that they have to bill you within the last 12 months and after that, they are prevented by the back billing code from billing you at all.

Have you got any of the zero bills which they previously sent you?

In a letter completely separate the SAR, you should put octopus on notice that you are not at the address – that you haven't been there since XXX date and that you are not responsible for any energy bills that address.

Make sure they know your new address.

You don't need to worry about this particularly. They are all in an incredible mess and now you have found this forum, we will support you through it. Be prepared for the letters which appear to threaten or harass. Just keep everything.


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