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About firstutility-nightmare

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  1. Hi rockape999, it would be interesting to hear specifics on the case law you mentioned... I am not aware of anything. If there was case law, you would have thought Bank of Scotland would have used it in the Roberts v. Bank of Scotland case which the bank lost. Although it was settled out of court, Ferguson v. British Gas Trading is relevant too. British Gas tried to run the argument that there was no case because their systems were automated, the similarity being that you are saying Hydron are just following instructions blindly. The onus is on each company to make sure they are acting pr
  2. Understand your POV... but I don't agree. Definition is from the act is: The bit that I think you're referring to is "that in the particular circumstances the pursuit of the course of conduct was reasonable." It seems like a pretty clear situation to me that they were unreasonable. I think perfectly reasonable for them to write initially, but as soon as they were informed of a dispute they should have stopped enforcement action until they'd investigated. Hydron kept on threatening after they'd been informed twice of the dispute. They have all the correspondence and didn't wan
  3. Yes... the matter has been going on for something like 5 years. So the £15-20k is 5 years worth of gas (and some electricity, although I managed to transfer that to another provider) notwithstanding the fact that the £15-20k is charged at significantly higher than market rates and no meter readings have been taken for years. I think there is a useful precedent which is Roberts vs Bank Of Scotland. That case is slightly different, in that there was no dispute about the debt owed by Roberts to BoS. The judge found that although BoS had a legitimate right to pursue the debt, they were h
  4. Welcome to the board rockape999 I am not sure that's correct - Hydron are still legally responsible for their actions, there is not statutory defence to harassment of "I was harassing on someone else's behalf". The thinking runs that Hydron have extensive correspondence between me and First Utility, ignored the rules governing their profession, and decided to threaten me and visit my home rather than go through the correspondence. I think it's 99% certain that Hydron will have a performance fee from First Utility based on money recovered, so there is a profit motive for Hydron to ha
  5. I think key thing here is I am not seeking damages, I am just trying to limit what First Utility can do to what is hopefully a reasonable set of actions - e.g. correspondence or suing in the county court. I don't mind them doing either of those, but don't want them sending Hydron debt collectors or any others around. I am separately taking action against Hydron for damages, I have reproduced most of the particulars of claim below.
  6. The harassment is that they know it is in dispute, and they are pursuing a course of action which is bullying me into submission rather than acknowledge their mistakes and correct them. They seem unable/unwilling to correct their mistakes, which means just another debt collector is sent around causing upset. Yes - it is Hydron currently. (They've used quite a few debt collectors over the years though.) I have actually found Hydron quite bad, I'd be happy to detail experiences in this thread but don't want to sidetrack it if that's not the correct course of action.
  7. Yes, the original 11 months gas charged in one go was £1,784.17. The amount on the bill showed £1,774.80 due to a balance of £100.75 for electricity and a credit of £110.12 for a Direct Debit gone out.
  8. Sorry... good point, I haven't paid the amount they claim is outstanding because it is wrong and in dispute. The amount is quite large - in the £15k-20k range. I should also point out I have had correspondence with Malcolm Henchley (Head of Legal at First Utility) who has said First Utility will continue with their "enforcement action". (My query was whether they would continue to chase with debt collectors etc., whilst it was in dispute.)
  9. Hi everyone, I have a dispute with First Utility going back some years, and they are harassing me for the disputed debt. I don't know what to do with it so seeking some input please! First, a little history on the dispute. I had a dual fuel tariff with First Utility, with a monthly direct debit going out. Due to an error on their systems, I was not being charged for gas for about 11 months. They issued a single large gas bill which they said they would collect by direct debit - to which I emailed them asking them not to do it. The guidance in place by Ofgem at the time said that the
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