Jump to content


  • Tweets

  • Posts

    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Mrs StevoKenevo v Capital One***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6044 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

hi stevekenevo-we're sort of even stevens-my claim is for £1100 charges but comes to £2900 with cci/costs etc

 

mine was acknowledged with crap one saying they will defend.this was on 11th july.

they have til 30th july to submit a defence so we should hopefully be getting offers shortly-hope they settle with cci!!!!!!!!!!!!!!!!!!!

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

Link to post
Share on other sites

  • Replies 84
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 2 weeks later...

Phoned the court, received the defence yesterday.

 

Said they are in arrears with cases and it could take anything up to a couple of weeks before they get anything out to us............ great.

 

Although they have a dedicated team working on the arrears so it may be sooner......... i hope so!

Link to post
Share on other sites

Thanks for your response the other day.

 

Good luck with your claim shame you have to wait now !!!.

 

Just a quick question did you file your claim online with MCOL ??

 

No, for MCOL you need an english address, you just fill the N1 form out online and post it to the court nearest the banks english headquarters.

 

check your online account that is when youy will first find out what and when you have been paid .Do it every day

 

Account is closed

Link to post
Share on other sites

Depends on how much it is for. Below £5000 will keep you in the small claims section of the court. .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Hi, i am at the same stage as stevokenevo, received a letter stating

 

The defendant Filed an acknowledge of service on 16 july 2007

 

The defendant responded to the claim indicating an intention to defend all of the claim.

 

The defendant has 28 days from the date of service of the claim form with particulars of claim , or of the particulars of claim, to file a defence.

 

the way i interpret that is, as my claim was deemed served on 10th July they have 28 days from then. Am i right or am i a meringue?

Link to post
Share on other sites

Good to see your still around Stevokenevo. .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Was planning on taking the weekend off, but, this morning i received the allocation questionaire throught the post, with there defence attached.

 

Form says 'Defence and Counterclaim' (specified amount)

 

Defence - The claimant is asking for interest that is far higher that has ever been added to the account. Therefore we are prepared to refund all fees (£***) , interest on the fees (£***) 8% statuatory interest (£***) and court fee (£120) totalling £****.**

 

Is it just me, or is that not really a defence?

 

Now, i am not really sure about our position, do we hold out for the full amount claimed, or accept the improved offer?

 

As the account was closed a few years ago, we had no info on the APR charged, and went with the current classic account rate, my heads buzzing now, want to go the whole way and hold out for the full amount.

 

As usual, any advice would be greatly appreciated....................

Link to post
Share on other sites

Does no one have an opinion or advice on the above?

 

Is the defence i have received standard??

 

Defence - The claimant is asking for interest that is far higher that has ever been added to the account. Therefore we are prepared to refund all fees (£***) , interest on the fees (£***) 8% statuatory interest (£***) and court fee (£120) totalling £****.**

 

The silence is deafening

Link to post
Share on other sites

Hello Steve. .

 

Ref the interest on the fees, have they offered something close to the amount you were asking for ?.. Sometimes they will offer the purchase interest only and leave us to fight for the rest, which is difficult to take to court for. I see they have offered 8% as well, which is not normally done if you have been paid another rate of interest as well. If this is the case, i would take it.

 

I will look in later as i am at work with a duff PC. I can't open and reply to e mails until i get home tonight. Have'nt a clue what's wrong here.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Thanks for the response UK,

 

For one reason or another, it did not show up in my user cp that i had a response, and i only seen you had replied when i was checking other peoples threads for some info.

 

basically they have offered everything we asked for except they have offered the 8% instead of the 34.9% CCI we were claiming.

I have decided to carry on regardless, as in the POC we have asked the judge for the 34.9% and the 8% in the alternative.

I shall continue as planned and let the jusge decide instead of CAP1 deciding for me

 

again, thanks for the response........

Link to post
Share on other sites

Ok. . a very strong letter informing them that the claim is still ongoing because the claim is for full settlement of your court claim, and not what they think it should be. Difficult to go into court for CCI alone, but with the case settled recently on CCI it may help to get your full amount.

 

Link is here:

 

http://www.consumeractiongroup.co.uk/forum/cases-library/106112-sempra-metals-irc-july.html?highlight=SEMPRA+METALS

 

Uk

  • Haha 1

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

I returned the AQ on friday. added the note as advised, the case should take no longer than one hour, and also added, as they had not defended the charges and only the rate of the C.I then they should either pay the typical rate or disclose the rate applied and pay that in the alternative.

 

not sure if that was what was required but didnt think it would do any harm.....................

Link to post
Share on other sites

Hi Steve

 

Just the wait now to see what their next move is.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...