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abzaa1

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Everything posted by abzaa1

  1. Well I really don't understand your point about sticking with them when they have done so much wrong. Especially if they have incorrect readings and high rates. Infact I know from my SAR documents that if I had stayed with them they would have had the power to employ any debt collector and obtain whatever warrants they wanted to justify their actions. This is a massive own goal. Anyhow, I think you should switch immediately and then it's simply a disputed bill. They will enforce debt collection which will eventually require them to out the whole case before a judge. To do this all their inaccurate bills will get scrutinised and any other documents. If you've been paying you have nothing to worry about. If they've made a mistake, even if it's small they have everything to fear.
  2. Yes. And I think their own behaviour leaves much to be desired. They have been aware of my inaccurate bills and readings for 2 years. They have been aware that the first bills were produced 8 months after the meter was removed, they have been aware that the previous tenant left 3 years prior and had documents on file at least a year before execution of the warrant. Because of this I think they should also be reported to the SRA as they've acted like a dca and continually harassed me for two years. The SAR documents have a date stamped in the corner which shows its when the file was completed and handed to Wilkin. Npower confirmed that was the date the file was passed to wilkin. Therefor my SAR is incomplete because it only comprises whatever the Npower guy could collate to pass to Wilkin. Wilkin knew all the holes in their clients case yet continued with harassment for payment.
  3. Ok I will jot down some notes, compose an email and then call them tomorrow I will post on here once I've spoken to them.
  4. Bank fodder I completely agree that it's had a detrimental effect on me and my family and also my business. Yes my credit rating was destroyed completely. The trespass, the court costs and the stress of writing to them for two years has been difficult to deal with. If it wasn't for CAG I would have been completely lost. That's why I haven't responded to them yet and a Tomlin order is a good start but I think we can all push for more. It was stayed in court until tomorrow so I need to write to court to tell them we can't agree.
  5. But I think that my claim against them was strong and they wouldn't drop a claim for £17000 if they felt they had a chance of winning. If they've had a chance to review the catalogue of errors and breaches committed it is only rational that they want to bring an end to proceedings realising they could lose. In which case I have a dilemma. Walk away happy or continue to fight them as there are a multitude of customers that have been subjected to all manner of stress and bullying behaviour from Npower. Many such cases unfortunately get dropped before going to court and therefore Npower continue to impose deemed contracts and illegal warrants on the average joe blogs.
  6. Form n279 to be signed by both parties and submitted to court to bring an end to proceedings
  7. Npower now want to drop proceedings and have offered a hands down agreement. What advice would you give? while I'm happy to walk away I still feel that there are many consumers out there suffering at the hands of this bullying organisation and they need to be shamed in court.
  8. Have you switched supplier or still with Npower ?
  9. So I've submitted my defence and also submitted my evidence of incorrect readings to wilkin chapman. It's stayed until early December so once I hear further I will update here. Fingers crossed. Relying predominantly on gas act 1986 for billing disputes. If anybody has experience in this field I will be obliged to hear.
  10. Mrsshe, is this still ongoing? I have a similar issue with Npower and you can read my thread. http://www.consumeractiongroup.co.uk/forum/search.php?searchid=6188090 A few thoughts, Why don't you switch to another supplier and sort out whatever billing dispute you have with Npower after that? Why are you still with them. You can write a complaint and get a complaint number and switch to a smaller provider. They won't be able to block you if you go through that process. What kind of contract are you on? Fixed term or standard variable or deemed ? What are the rates? What is the consumption (you will be able to track this from your own records or paperwork or photos) Is it still dual fuel ? I'm due in court with them soon and not at all worried, neither should you be. They are bullies and you should stand up to them. I'll point you towards some legal case law in due course.
  11. Hello, Im really interested in the outcome of this case as SECUS pretty much did the same to me around the same period. Did your application to court and claim against Npower succeed?
  12. Yes I have contacted the court and they've only just received the papers from the previous court. They are in process of writing an order for Directions Questionaire to be submitted by the Date of 15th September. Just to be on the safe side I will send the acknowledgement today. They've advised that for counter claim just enclose a brief letter but I will send for N9B and leave the amount open. I'll be claiming for Trespass at least as I am not convinced of the legality of the warrant they used to enter the property. Apart from the suspect meter reads, estimated erroneous billing and back billing of course.
  13. The letter from solicitor states "you have until 27 August to file and serve your defence. If this is to take the format of that enclosed with your application, then please provide a copy with a signed statement of Truth to ourselves and the court. But I think at this stage I should be fine just sending the acknowledgement and then have a further 14 days, i.e till about 7th Sept to file the defence and counter claim. Is that right?
  14. Did Npower honour the Backbilling on this? Have you taken them to court or was ombudsman action successful? What kind of amounts are we discussing?
  15. My opening posts on Page 1 explain the story to CAG...do you mean explain the story for the courts in the response pack?
  16. Yes there is quite a bit missing especially any communication between my current tenant and them, when they have " C" for customer reads on some bills which could only have been provided by a telephone call.
  17. Well the first and obvious points are that they have provided solid proof that they are aware a tenant was not at the property (as they had contacted him) yet they continued to bill me right up to the point that the meter was removed. Even the court documents have the old tenants name on when they knew that the tenant was not there. Secondly they show no proof that my current tenant has contacted them, yet in the phone logs and visit logs they state that she opened the door to them and located the meter for her as well as providing telephone numbers, months before they took the meter. thirdly their phone logs show them realising that their meter readings were wrong and switched around yet there is no admittance of mistake to me.. it goes on and on
  18. I have a list of specific points that are only strengthened further by the SAR documents as I suspected. I have 14 days to return the claim form which will deny liability and issue a counter claim before end of August. My question is this, do I write my full response now or do I just give a brief outline to meet the end of August Deadline and then follow up with full details of the case at a later directions hearing? Seems everybody is away in much of August including me!
  19. just to clarify are you asking me to jot down bits of my case here on an open forum where Npower officials and their legal team can see it? just checking.
  20. just to update. I've received the SAR documents and they are a really interesting read. I've also had the judgment set aside and now received the full claim form at my current address with 14 days to respond. I'd like some help responding to this if you are able to please. Can I private message anybody with this? thanks
  21. Thank you Grem for your post. I appreciate your comments. I was told to be concise so I couldn't elaborate too much on this site but yes you point to one very likely scenario and all of us who have lived in Student Houses as HMO's are familiar with that scenario. Yes this is a licensed HMO and there is nothing in the "terms of HMO licensing" that stipulates who pays the bills..its between the consumer and the supplier. The license is between the council and the owner and manager of the property. In this particular property it is impossible to have all the tenants names on the bills. Instead as I alluded to in my original post it is the responsibility of the sole managing tenant who is the main liaison point for utility bills (who makes a deduction from the rents to pay the bills) and HMO license terms. This has been the case since Npower took over and were billing the former managing tenant. The point in my original post was that Npower have continued to bill the former tenant even though they know he had left in 2010. I can prove this by showing them customer reads and letters (stamped by them as received) and emails (they replied to). All highlight that my current managing tenant has been in touch with them to obtain a contract since 2011 and 2012 onwards. And I have been in touch with them since december 2012. They have neither billed her nor me, until they came and removed the meter in April 2013. The warrant was in the name of the former managing tenant. There were no letter addressed to "the occupier". They have subsequently refused to amend the account in tenants name or to re-examine all the grossly estimated and erroneous readings. Whether I am responsible for the bills as owner, or my managing tenant is responsible for them as a consumer, I should still have had sight of the bills at some stage in order to challenge erroneous meter reads and charges that were double the market rates. All consumers have that right surely?
  22. I have done all of the above except for sending them a copy of the n244. I guess the courts will have the n244 now anyway as i sent it late on Thurs/Friday so i suppose by the end of the week they will send it to Wilkins automatically wont they? I am forwarding the email to court now but do you think i should ask for a hearing anyway. Wilkins said dont ask for a hearing and the claim will be reissued to me at my new address anyway.
  23. I have received a reply from Wilkin Chapman stating that they consent to have the order set aside. I quote: "In view of your promptness in contacting us following judgment, we can confirm that we will consent to your application to have judgment set aside. May we suggest that you attach a copy of this email to your application, and ask that the Court deal with the application without the need for hearing to expedite the proceedings. Please invite the court to give directions as follows: - - Claimant to serve the Particulars of Claim on the Defendant within 14 days of service of Court Order; Defendant to file a defence within 14 days of service of the Particulars of Claim; - Court to give directions as to the filing of Directions Questionnaires thereafter. If you do not make your application within the next 7 days, we will continue with enforcement action for recovery. I have already sent of the n244 asking for a hearing with a district judge. I will attach this email to the court email address now.
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