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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • 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.

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      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
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Electricity meter clock and register errors


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I have had two Horstmann S123 multi tariff electricity meters replaced this year due to faulty operation.

 

The most obvious problems were clock errors. The first meter was over two hours out and the second meter was over 1 hour out when compared to the GMT radio time signal. The meters should be aligned to GMT during the winter period. This means that a lot of off peak usage would be recorded as peak usage as one tends to program high energy usage for off peak times. The energy supplier has offered an adjustment, but I am not entirely happy about how this is calculated.

 

I also believe that the first meter was either subject to storm damage due to very local lightning strikes shortly after it was installed or had an inherently faulty register/memory. The register/memory, that records the number of units of electricity used, began reading much higher than usual after this storm event. A check meter was installed in February last year to monitor the erroneous meter. I made regular comparison readings during the time the check meter was installed and these showed the erroneous meter suffered from variable errors in the number of electricity units recorded over this period that were outside the allowed meter accuracy limits defined by OFCOM. Strangely the electricity supplier is denying this although they are admitting the clock errors exist.

 

The house has thermal insulation that exceeds current building regulations and although the heating uses an electric central heating boiler, it should be very economical to heat due to this high level of insulation. This is not reflected in the size of the bills being presented for the period the first meter was in use.

 

Has anyone had problems with their electricity meter accuracy, either clock errors, or wildly varying recorded consumption of electricity that bears no relation to actual use of electricity.

 

I have discussed the clock error issue with the electricity supplier and they have admitted that they have been having clock errors with meters but so far will not give any details about these errors and their frequency in writing. I wonder why? It may be that there are many meters showing problems with clock errors, which could be very embarrassing considering that the meters are supposedly certified as accurate. I believe that a large proportion of meters may be running incorrectly and it could be a good idea to check the time on your meter clock to ensure it is operating correctly. If you find that you have a clock error you will have been overcharged for some of your off peak usage.

 

Please report your findings on this thread.

 

AfonScimitar

Edited by AfonScimitar
Title should have been in bold
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I think you mean OFGEM not OFCOM, you can get at least 6 years worth of data from the supplier, so you can compare usage from various periods. You can also get the meter inspected independantly with the suppliers permission.

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Hello rebel11,

 

You are correct I did mean OFGEM.

 

I have already requested all data held on the account since it was opened in 1997 by means of a SAR via Special Delivery on 11/01/11, which was delivered on 14/01/11. The energy supplier has until 23rd February to supply the data.

 

Historical usage comparison is tricky as the supply was first instigated on 09/07/07 to enable the house to be renovated. At this time the house had no electrical wiring as it had been gutted previously to enable ground-up renovation. Unfortunately the mortgage funds were delayed due to technicalities and the renovation subcontractors did not start work on the house until September 2007 after the funds were released. Residence did not begin until 5th December, as the house was not habitable until then. The old mechanical mechanism meter was for economy 7 and economy 10 was required for the under floor heating system so the new solid-state (integrated circuit) Horstmann S123 meter was fitted on 29/04/08. The early bills were estimated and they were so close to actual that they were paid without adjustment. Following a bad local thunderstorm the meter began to read much higher than previously and several telephone communications were made with the supplier’s customer service department concerning a much higher bill than usual. None of the customer services operatives were technically competent and all tried to override anything I said with their customer complaint script sheet. I did finally get through to someone who had the authority to adjust bills and this resulted in cancellation of a fairly high bill. When further higher bills arrived they were disputed until I eventually requested that the meter be checked for accuracy. The check meter was installed on 08/02/10 and removed on 29/06/10 along with the faulty meter. During the check period I took readings of both meters and found discrepancies between them. The supplier is denying this as they have a different set of figures for start and finish for this period. With access to these meters being no longer available, it is my word against theirs and, as the law stands firmly behind utility providers, I am doubtful that I can contest this, as would be the case on a level legal playing field. This is why I have asked for others who have had similar experiences to let me know on this thread, as it will help my case and theirs too should battle commence.

 

The first meter was removed on 29/06/10 when the second meter was fitted. I requested in writing that the old meter was retained for evidence and independent testing on 13/07/10. This communication was completely ignored. I have repeated this request several times by telephone and in writing with no further action on their part to verify retention of the meter until very recently. I consider this meter to be a crucial piece of evidence should the dispute escalate further. I have disputed the amount on the bills that were presented through the period that the faulty meter was in operation. I have also requested that the check meter and the second (replacement) meter that has been found to have a faulty clock be retained as evidence. It would appear that meters are not retained until disputes are settled, but are sent for exchange from the manufacturer at their earliest convenience thus removing any evidence of malfunction from scrutiny.

 

 

AfonScimitar

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Hello mattlamb,

This is somewhat worrying as the meter clock accuracy is important to ensure correct tariff billing. This means that there will be many people with dual tariff meters billed incorrectly.

I have been looking briefly for information about clock accuracy regulations but I have not found anything so far. Do you know the limits of accuracy allowed for the clock?

AfonScimitar

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