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    • 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.  
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    • 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 :-)  
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Lowell claimform - old Paypal Debt


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I don't have the information so I've sent a CCA to Lowell Solicitors. They have bought  a debt from Paypal September 2021. Not sure on the original debt date. I've acknowledge the county claim so have 28 days from now to reply.  

 

I tried to put this in the debt section but it wouldn't allow me.

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please complete this:

 

 

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... 

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  • dx100uk changed the title to Lowell claimform - old Paypal Debt

Which Court have you received the claim from ? County Court Business Centre

 

Name of the Claimant ? Lowell Portolio  I Ltd  (address is Overdales Solicitors)

 

Date of issue – 31 May 2020

 

Particulars of Claim

 

What is the claim for –

 

1.The claim is for the sum of £3513.74 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of XXXXXXXXXXX

 

2.The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.

 

3.The debt was legally assigned to the claimant on 15-09-21. notice of which has been given to the defendant. 

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of those proceedings in the sum of £196.38

 

 The Claimant claims the sum of £3710.12 

 

What is the total value of the claim? £3995.12
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? n/a

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

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

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

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. assigned to Lowell Portfolio
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? don't know
 

Did you receive a Default Notice from the original creditor? Don't know
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I have received a lot of letters
 

Why did you cease payments? I didn't receive anything and thought these were scam letters. Paypal close my account and my business account but wouldn't communicate with me
 

What was the date of your last payment? never
 

Was there a dispute with the original creditor that remains unresolved? yes

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You'll see several recent Lowell PayPal claimform threads here of recent. Go read then 

 

I suspect yours will also be PayPal eu credit? With a PayPal account Takeout day of well prior to Brexit?

 

..........

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
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 £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


 

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... 

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Awesome. Yes, I believe it was pre brexit. I've already filed acknowledgement for the court. I've done the CCA and will include CPR.

 

I'll have a read up on the other cases

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  • 2 weeks later...
On 11/06/2022 at 17:00, dx100uk said:

You'll see several recent Lowell PayPal claimform threads here of recent. Go read them

 

I suspect yours will also be PayPal eu credit? With a PayPal account Take ou day of well prior to Brexit?

 

Dx

 

  • Like 1

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... 

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Share on other sites

What is the claim for –

 

1.The claim is for the sum of £3513.74 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of XXXXXXXXXXX

 

2.The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.

 

3.The debt was legally assigned to the claimant on 15-09-21. notice of which has been given to the defendant. 

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of those proceedings in the sum of £196.38

 

 The Claimant claims the sum of £3710.12 

 

 

 

 

My Defence:

 

The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is noted. I have had financial dealings with PAYPAL  in the past but cannot recollect the account number referred to by the Claimant.

 

2. Paragraph 2 is denied. I am not aware of service of a Default Notice by the original creditor the Claimant refers to within its particulars of claim

 

3. Paragraph 3 is noted.

 

On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to validate the claimants claim.. To date they have failed to comply to my section 78 request and remain in default of my request.

 

4. Therefore it is denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is put to strict proof to:

 

(a) Show how the Defendant has entered into an agreement and:

(b) Show the nature of the breach and evidence by way of a Default Notice Pursuant to s.87(1) of the Consumer Credit Act 1974.

 

5. As per Civil Procedure 16.5 it is expected that the Claimant prove the allegation that the money is owed.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.

 

 

 

 

 

Also wanted a note about Paypal brexit bit? can't find the correct wording

 

Wanted something about Paypal EU brexit too

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You said you got a loc but ignored it in the sticky?

 

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... 

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so delete this

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

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not due till/by 1st july 4pm.

 

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... 

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You received a loc.

 

Let @Andyorchcheck things over during the week.

 

dx

  • Like 1

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... 

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Defence checked and slight tweak.....Brexit is really irrelevant to the claim.

 

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

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Thanks man, shall I submit it now or wait till last day -

 

It won't allow me to send the defence? on the Money Claim site. I've tried to copy and paste and then tried typing and pasting removing formatting. Have you had any of these issues?

 

Also tried it in Edge as well as Chrome

 

Got it working. Kept coming up with error but I just kept resubmitting it until it saved then clicked next until it allowed me. Weird .

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dn looks ok , but yes they dont give you 14 as it takes atleast 2 days to arrive.

agreement has no IP address 

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... 

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Share on other sites

agreement has no ip address by your name (you left in)

so anyone could have used your details, and signed up in your name, remote chance i know

 

 

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... 

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thread tidied

  • Like 1

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... 

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yours is not the next move

 

there are other like threads ahead of you

and ofcourse our enhanced google searchbox

lowell claimform

 

the more you read the better you'll understand going forward.

 

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... 

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