Hi Again....

I have a problem that I ought to have dealt with, but have not because I had more pressing issues: 4 sets of serious or urgent litigation that had deadlines, or financial priority:

I had and still have a collapsed lung, I sadly have a deceased mother in law, a baby, who ended up in special care, while my wife almost bled to death during an emergency c section, I've bought a new house that the surveyor messed up big time on, I have had 2 new jobs, 2 surgeries and a tumor in my colon.

I know they are not excuses for delay, but it has truly been a crap few years and this issue is the last unresolved pain in my side.

All the issues above happened around the time of the N power debacle, or since.

Some time around 2013/14 I moved into a house and the N Power Direct debit stopped.

I had used NPower at a previous address.

My dad had been paying as he is a kind man and he offered to when my wife and I were broke 10 years ago and he never stopped paying (despite me asking him not to).

Npower screwed the bills up and I didn't pay the incorrect bills.

At all times, I felt there was an ongoing complaint/ issue.

Eventually the correct bill came and I paid it.

The end? No. I applied for a loan or mortgage (cannot remember which off top of head) and was rejected.

I had a default registered with Experian by Npower for the period where we were in dispute.

The defaults are numerous and are all over the place.

I wrote to Npower, Experian and complained to the FOS and got nowhere.

What can I do, the defaults are only with Experian and they are utterly inaccurate. I am stuck. I need help with this.

This isn’t the same property where the landlord was stealing electricity, no?

I broadly understand what you are complaining about – but not the detail. However, when dealing with any one of the energy suppliers on this kind of thing the first thing you need to do is make sure you got a complete file – your version and there's. Send them an SAR. Send accompanied by cheque so you can keep a better handle on how it is progressing.

Come back here when you've got the information

have you a defaulted date in the summary section as well as various D's in the calendar section?

have you a defaulted date in the summary section as well as various D's in the calendar section?

There are just lots of 1, 2 6 and u markers. Nothing else. annoying thing is they have done 2, 1 for gas, 1 for electric, but despite all bills being one dual fuel the months do not match up. The data is nonsensical.

Plus the account was in my dads name Mr X Y, I am mister A-X Y, so that is not accurate either.

This isn’t the same property where the landlord was stealing electricity, no?

No. I moved from there having bought a house. the DD stopped when we moved and the bills were wrong all the time with stupid numbers on them. I paid when they sorted it.

I broadly understand what you are complaining about – but not the detail. However, when dealing with any one of the energy suppliers on this kind of thing the first thing you need to do is make sure you got a complete file – your version and there's. Send them an SAR. Send accompanied by cheque so you can keep a better handle on how it is progressing.

 

Come back here when you've got the information

Just checked - They said I need a form, so I emailed and asked for one on 07/04/2017 and then sent a template letter on 1/12/17. What should I do?

So you sent them the template Data Protection Subject Access Request on 1/12/17 and NPower have not yet responded ?

And NPower cashed the £10 fee ?

I did. No sign of cheque being cashed. With other litigation and chest infections, I haven't pushed it, that's why I have come here? It's all strange to me, I thought they had to deal with it within 40 days, and I thought that "a form" was irrelevant?

Sorry

Yes they have 40 days to deal with an SAR and if they fail to do so, you can complain to the ICO.

So your choice, send another SAR to NPower and get proof of postage from post office counter ( free to get proof) and see if NPower provide the data.

Or contact the ICO to complain that NPower have failed to process your SAR sent to them in December and ask the ICO to chase it up.

Taken from ICO website, https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/subject-access-request/

Can I require individuals to use a specially designed form when making subject access requests?

No. Many organisations produce subject access request forms, and you may invite individuals to use such a form as long as you make it clear that this is not compulsory and you do not try to use this as a way of extending the 40-day time limit for responding. Standard forms can make it easier for you to recognise a subject access request and make it easier for the individual to include all the details you might need to locate the information they want.

However, any request in writing must be considered as a valid request, whatever the format.

I would be inclined to go straight to the ICO, informing them that N-Power have not processed your SAR and are insisting on you completing a form in order to process your request even though this goes against the principles of processing SAR's.

N-Power really are a crafty lot, aren't they?

I cannot abide them,

they were being fined for all sorts of stuff during this period,

yet they still act like they did nothing wrong whatsoever,

not sending me bills and then sending me incorrect bills and at the same time sending inaccurate markets to Experian.

This is a huge waste of time and I hate them for it.

It does not help that my collapsed lung is infected again and now I am not sleeping.

I will send another SAR as Uncle Bulgaria suggests, and I will simultaneously make a complaint to the ICO.

Is this something I could file proceedings regarding?

I am much more comfortable in court than I am dealing with Quangos like the ICO and the FOS?

Thanks to both of you for the advice.

Well, you can file proceedings and it is good that you would be prepared to go the distance.

However, at this stage, your strongest claim would be for data protection breaches regarding not processing your SAR. Which won't get you much compo. I think you would be better off waiting for an actual SAR to come through, going through it with a fine tooth comb and finding as much ammunition as you can to throw back at them.

Perhaps with your health as it is at the moment, waiting on SAR/ICO responses might not be a bad thing? You are still persuing available avenues but giving yourself some breathing space to get your health in better shape before the big battle.

Thank you for your advice.

You are absolutely correct that is probably best that I do not start proceedings right now and once I have all the data, the proceedings may be easier/avoidable.

I will go through the formal processes next week, when I am better. The antibiotics are working, slowly.

Thank you for the wise counsel.