Jump to content


  • Tweets

  • Posts

    • Contact Energy Ombudsman with details of how long this complaint saga has been going on.  You may find out your meters were never correctly registered to your address and will be confused with neighbours until someone goes into central database to separate out the records.  EDF may never have legally taken over the supply and under energy legislation Scottish Power are the suppliers without your consent.   /images/bitmap/ombudsman-share-image.png Energy Ombudsman: Here to help with gas & electricity complaints WWW.OMBUDSMAN-SERVICES.ORG Do you have an unresolved complaint about your gas or electricity provider? Find out how we may be able to help.  
    • I wasn't sure where to put this. Water companies again - this is awful.   Sewage polluting UK beaches as swimmers warned to avoid water at 50 seaside hotspots WWW.INDEPENDENT.CO.UK Leisure spots at Bognor Regis, Newquay and Yarmouth have all been affected  
    • The talks come weeks after a controversial visit to Taiwan by US House Speaker Nancy Pelosi.View the full article
    • The government's tax agency has launched a programme to encourage a new generation of sake drinkers.View the full article
    • In the autumn of 2020, I decided to change energy supplier from British Gas to EDF. This went through with no apparent problem but after approximately two weeks, I received a letter from EDF saying "Sorry you're leaving us". I contacted EDF to say that I was not leaving and was told not to worry about it, that they would resolve it and to carry on with monthly payments to EDF.    Approximately 2 weeks later, I received a text message from EDF to say, "Sorry you're leaving us". I contacted EDF again to say I was not leaving and was again told not to worry and that they would sort it out. Two weeks later I had a third message, "Sorry you're leaving us...". I contacted EDF again, but this time raised a complaint because it was becoming stressful and annoying. I asked them to explain why this kept happening. After some investigation by EDF, I was told that Scottish Power was trying to "erroneously take over" my gas supply. I confirmed that I wanted to remain with EDF and did not want to move to Scottish Power. I was advised to forward any bill sent by Scottish Power to EDF so that they could deal with it, and not pay it. However, I have never received any bill from Scottish Power until July 2022.   I was then contacted again by EDF to say that Scottish Power was trying to take over my supply because my gas meter was registered at my neighbour's address, on the energy suppliers' national database. I requested that EDF change the details for me so that I could remain an EDF customer but was told that only the existing supplier could change the details and that I would have to contact Scottish Power and request that they change the details. I reminded EDF that I had never asked Scottish Power to supply me and that as my current provider, EDF should take on this responsibility, but I was told on a number of occasions that EDF could not do this and that I would have to contact Scottish Power myself.   I have since learned that I should never have been told this. Ofgem states that if a supplier tries to erroneously transfer a supply, the two suppliers involved should communicate with each other to resolve the problem as soon as possible, and not involve the consumer. However, this is where the real problems started. I contacted Scottish Power at least 20 times over the course of 2 months, by email, online chat and telephone and spent a considerable amount of time trying to resolve this issue. The main problem was that Scottish Power refused to discuss it with me because "I did not have an account with Scottish Power". I explained on numerous occasions that I did not want an account with Scottish Power and that I just wanted them to change the location of my gas meter on the national database, but they persistently refused. Scottish Power was generally very poor at contacting me, I was doing most of the running. My neighbour, who is supplied by Scottish Power and has been for many years, said that this has been an issue in the past but Scottish Power has never resolved it. He said that when I asked EDF to take the supply back from Scottish Power, his supply was also erroneously transferred to EDF against his wishes, causing even more problems. During this occasion, Scottish Power compensated my neighbour but still refused to assist me.   I have evidence of some of the correspondence between me and Scottish Power but not all because much was over the phone and on online chat. Each time I contacted Scottish Power a new member of staff dealt with it and so they had to record the same notes each time, considerably lengthening the process. I asked if Scottish Power could allocate someone to own the complaint but because I did not have an account with Scottish Power, this was not an option. After numerous emails to Scottish Power from my neighbour, who was trying to assist with the situation - sending his meter details, my meter details and asking that the database be updated with my address - he was asked to send photos of my meter to Scottish Power. I had already been asked this by Scottish Power and had duly sent them but received no response. My neighbour then forwarded the photos by his email to Scottish Power and they replied asking him to ask me to re-send the photos directly, which I did for a second time. This was the last correspondence I had with Scottish Power about the matter. They did not contact me again.   EDF contacted me to say that they had concluded the matter from their end and requested that they close the complaint, to which I agreed. A meter reader visited sometime after to read both meters and I (naively) assured myself that the details had been changed and that EDF had resumed supply. My bill increased, and my meters were then routinely read by a visiting meter reader every quarter. My last correspondence with Scottish Power was on 9th November 2020, when I emailed the photos of my meter for the second time.   Twenty months later, towards the end of July 2022, I was on holiday with my family. I came home on 13th August to find 6 letters on the doormat from Scottish Power demanding £2134.89 for gas supply. They are addressed to "The Occupier" so they have obviously not referred to my previous correspondence or attempted to ever resolve the initial request to change my details. This is contrary to recommendations made by Ofgem's "Erroneous Transfers" paper produced in 2016. One of the letters even says, "Welcome to your new home" as though they have no knowledge of the correspondence 2 years ago. I have received another bill from Scottish Power today demanding payment and threatening referral to a debt collection agency if it is not paid. The above Ofgem paper states that erroneous takeovers should be dealt with by the two companies concerned and not by the consumer at any stage. But in my case, it has been me doing all the running, all the phoning, emailing, talking online, etc. Neither supplier has really done that much and I believe that EDF should never have told me that I should try and resolve this with Scottish Power; and when I contacted Scottish Power, they should also have taken ownership of the problem jointly with EDF and resolved it directly with EDF.   I have taken legal advice and been advised that as this is a dispute between two energy suppliers rather than between myself and a supplier, it is more appropriate for me to contact both suppliers, summarise past actions undertaken by all parties, and request that the supply be transferred back to my original supplier. This sounds hunky dory but doesn't actually help. Two questions arise in my mind... 1. Do i have to pay the bill at all given that it is addressed to "The occupier"?  2. Should I provide my name in my complaint (not yet sent) or simply refer to myself as "The Occupier"? 2. I know I can refer to back-billing guidance but my instinct tells me I shouldn't have to pay any of this bill because the supply was taken over without my consent, I tried numerous times to resolve it to no effect, and was led to believe that I was then paying for the gas due to the actions of both companies. Does anybody think I have a case here and any suggestions about how to pursue it?   Many thanks if you have managed to read this far. Even more thanks if you have any advice :-)  
  • Recommended Topics

  • Our picks

  • Recommended Topics

Lowell PAPLOC Now Claimform - Old Vanquis Credit Card ***Settled by Tomlin Order***


Mdg123
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 92 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Not yet but have checked MCOL and the status has been updated to reflect the claimant has filed the DQ's yesterday so just waiting on the post. Probably get tomorrow.

 

Have prepared mine with the help of the following link ready to send off.

 

Now just getting ready with formalising my witness statement!!

Link to post
Share on other sites

  • 2 weeks later...

Afternoon all,

 

Received the N180 and have to file it by the 6th April.

 

Trying to use the editable N180 from the Andys forum post here....

 

 

When i click the link in the post it says:

 

403 - Forbidden: Access is denied

You do not have permission to view this directory or page using the credentials that you supplied.

 

Have tried logging out and back in to the forums with no luck can anyone suggest where else i could find the editable N180 or could someone maybe send it to me?

 

Thanks,

 

MDG

Link to post
Share on other sites

you mean the .gov.uk link in the above thread doesn't work?

 

https://www.moneyclaimsuk.co.uk/PDFForms/N180.pdf

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Just in case it happens to anyone else i couldn't get the link to work from Andys post in the forum because i was using a VPN! Ooops 🤣

 

Also just had a quick question. Is there any significance that Lowells N180 has put 0 for amount of witnesses? Do they not intend to have someone attend the hearing? 

Link to post
Share on other sites

As they always do if you read a few lowell claimform threads already here...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

A claimant does not require a witness to its claim unless it's an independent expert witness.....counsel presenting the case are not regarded as witnesses to the claim

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 1 year later...

Hi Caggers,

 

Heart in mouth moment! Just got an email through for a teams meeting tomorrow for a hearing at the combined courts....

 

With regards to the thread of this post last year in April i did the mediation which didn't work out as expected and then all went quiet on the western front.

 

I moved house about 6 months ago and i updated all of my creditors but didn't think like an absolute imbecile to do the same for the court. 

 

I haven't prepared a witness statement, nothing! If this email hadn't of come through i wouldn't of had a clue this hearing was even due to take place. I feel like a right numpty!

 

Is there anything at all i can do at this point?

Link to post
Share on other sites

put the email up

this doesn't seem correct to me.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Good afternoon

 

Please find below the Microsoft Teams link for your hearing listed at the Weymouth Combined Court, 18th May 2022 at 2:30pm.

 

To join the hearing, hover your cursor over the link below, press the control (ctrl) button on your keyboard and click the left-hand button on your mouse.

 

Microsoft Teams Link:

 

 

Kind regards

 

Miss Caroline Marshall

 

Tribunal Clerk, CVP Administrator, Digital Support Officer, CFT Administration Officer

 

Weymouth Combined Court | HMCTS | The Law Courts, Westwey Road | Weymouth | DT4 8BS

Phone: 01305 752516 Mobile: 07889 410444  

gov.uk/hmcts

 

HM Courts & Tribunals Service logo

Link to post
Share on other sites

Did you update the claimant or their sols?.

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Just checked my proof of posting to be sure but it was just the claimant and not the sols...

Link to post
Share on other sites

That's good enough 

 

The claimant failed to send you a copy of their ws.

 

Tell the judge you want to adjourn as you knew nothing about the hearing 

 

Dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Ahh Dx you hero! Thanks so much for putting my mind at ease. I thought this might be the case but just wanted to be prepared in case.

 

I'll join the meeting tomorrow, produce proof that i have informed them of my change of address and never received their WS and ask for an adjournment to prepare properly.

 

Any other thoughts about what i might need to do to be prepared or just go with this trail of thought?

 

Thanks a million as always!

Link to post
Share on other sites

All the directions on how to prepare are in your Notice of Allocation N157 which probably went to your previous address.... you have not served your WS on the claimant or the court either...and their statement is most probably at your previous address.

 

The claimant is not responsible for updating the court with your new address...thats the defendants responsibility. 

 

Very unlikely you will get an adjournment...but very likely they will get judgment. 

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Be honest with the judge at the very first chance you are allowed to speak and explain that as an oversight you have failed to update the court with your change of address. You have therefore not received your Notice of Allocation N157 and therefore not complied with the courts directions ( failed to file and serve a witness statement with evidence) 

 

You had informed the claimant's of the change of address and as a litigant in person thought that they would inform the court...play dumb be humble and respectfully request that you are allowed an adjournment and be reserved with the NOA.

 

He will view what he has so far and the claimants statement (not yours) and consider the points....he may give you the benefit of the doubt.......................or not.

 

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Add.....and even though the claimant was aware of your change of address they still failed  to serve their witness statement on your new address.

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thank you Andyorch, as ever your advice is very much appreciated. Lets hope my humbleness and ignorance of the law has an impact on the judge 🤞 

Link to post
Share on other sites

On 06/01/2021 at 01:06, dx100uk said:

the DN is compliant

 

the supposed online sign-up CCA return, is nothing more than some office junior getting a blank set of the relevant T&C for time of sign up from here on CAG or lowells filing cabinet . they should should have your name and address in the 1st few lines..

 

they don't bogroll!!

 

as usual there only appears to be a separate copy and paste to the last page of some sort of recortd of sign-up sticker?

 

with a sign up at 01:47AM on a wednesday...really lowells..

.i can see you losing yet another vanquis claim here if you raise one.

 

the rest is immaterial bogroll 

though there looks to be ROP (PPI) every month and probably lots of £12 penalty charges to reclaim but i cant see them making +£2700....

 

 

i also point you to the above and the line in your defence should the judge not let you adjourn.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

5 hours ago, Mdg123 said:

i did the mediation which didn't work out as expected

 

expand please 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

i explained to the mediator that i have nevr had a credit card above the initial 1.5k credit limit and that was my whole problem with this case

 

Link to post
Share on other sites

but you had not received enough correct paperwork to enter into mediation on the day.?

you should have refused stating thus.

 

stating you had a card but never one above a £1.5K limit was a bit silly and not the only problem with regard to denying the claim, 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Is it worth me settling this with the DCA before the hearing this afternoon? Given it's a coin flip that i'll even get an adjournment and even if i do it's also then a coin flip as to whether the judge will accept my evidence once i've put my WS together.

 

If so do i just contact the DCA before court to work this out? I really can't afford to get a CCJ at this point!

 

 

Link to post
Share on other sites

  • Andyorch changed the title to Lowell PAPLOC Now Claimform - Old Vanquis Credit Card ***Settled by Tomlin Order***
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...