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    • If that was the reason then that is good news. The whole reason that being able to charge £100 for breaching private car park rules is because the law Lords decided in a celebrated case that the rogues had a legitimate interest in keeping their car park spaces available for all motorists . {parking Eye v Beavis]. However when the business is closed then there is no legitimate interest in keeping spaces free so to charge £100 is a penalty. As such any Court would automatically throw out the case when the penalty charge is accepted.
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    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I moved in to my present accommodation about 7 months ago. The landlord said he took an Electricity metre reading and passed it to the letting agents.

 

The letting agents were total morons so I "sacked" them for breach of contract and the landlord took the letting responsibilities on himself.

 

It would seem the previous occupant scuttled off without settling their final Electricity account. I have seen the bill they sent to the previous occupant and the final reading is Estimated.

 

My first invoice from them also starts with an estimated reading and ends with an actual reading as one of their agents came and read the metre.

 

The inventory from the previous letting agent did not have the metre readings filled in and when the landlord has asked them for the details of the reading he gave, they say they cannot find any such info. (see previous comment about being morons)

 

Ok, I admit I am a moron as well and should have taken my own reading. But, that is my question. Is there anything in any Acts that say I am responsible for ensureing the metre reading is taken.

 

The way I see it is that they have presented me with a fairly large invoice based upon an guess. I want to ask them to substantiate the invoice.

 

I don't want to look like a nut case when they say "as per Whatever Act 19xx, it is the tenant's responsibility to ensure metre readings are accurate and noted somewhere safe when they move in!" :D

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Is there any chance your landlord would have a copy of the start reads from when you moved in still? There is no act as far as im aware, but you could ask them to re-estimate your bill based on your consumption since you moved in if you explain how crap your letting agents were? May take a few £'s off the bill? Unfortunately if the supplier is given no readings they have to bill you somehow and if its estimated would normally be based on the previous occupants consumption.

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Is there anything in any Acts that say I am responsible for ensureing the metre reading is taken

 

No, it is the suppliers responsibility to read your meter and by law they have to get a reading every 2 years so they can base their estimates in between around this based on the average consumption for the property.

Although you do have to give access when an appointment is sent with sufficient warning.

 

 

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  • 2 weeks later...

OK, thanks everyone.

 

I was going to just take them at their word, but they have somewhat annoyed me now. You'll see why when you read the letter I have sent to them;

 

ADDRESS

 

 

ScottishPower Energy Retail Ltd

1 Atlantic Quay

Glasgow

G2 8SP

 

Sunday, 03 February 2008

 

RE: Your Electricity Bill – 12.01.08

Payment Reminder – 29.01.08

 

I refer to the above mentioned documents that I have received, their contents duly noted.

 

INVOICE

 

I was somewhat surprised to receive this from you as until I was in receipt of your first letter I had not heard of your company. I note you invite me to “Relax...” and reassure me that “...you’ve made the right choice. Thank you for choosing ScottishPower to be your energy provider.”

 

I have seen the previous occupants closing invoice and note the End reading is estimated. I further note that the Start reading on the invoice you sent to me is also estimated. I conclude that this document is, at best, a guess.

 

I concede I will require the supply of power from someone, but cannot find any trace of engaging you to supply. Taken with the fact that your figures are a guess, I need you to substantiate your invoice before I can give it further consideration.

 

REMINDER

 

I find great offence in your assertion that if I do not pay your guess at an invoice within seven days you will arrange to visit me to discuss the charge you claim I owe you; expect to be paid a further £37 for the pleasure of visiting my home and that failure to yield to this ridiculous scenario may lead to my credit rating being affected.

 

Firstly, see my comments about not being a customer of your company.

 

Secondly, I have no desire for you to visit me. My dwelling is private property and should an agent of ScottishPower Energy Retail Ltd attend the property, I will present it with my usual guest tariff (starting at £75 per hour or part thereof), payable immediately. If the agent cannot or will not pay, I will report it to the police for the tort of trespass. This will result in police attendance.

 

Thirdly, by affecting my credit rating, I assume you are referring to registering data with one or more of the credit reference agencies. I would hope you are familiar with the Data Protection Act 1998 and comprehend the futility of your threat.

 

Lastly, should you ignore your statutory duty under the

Data Protection Act 1998 (after all, you are doing so already by processing my data to enable you to send the communications which are the subject of this letter) and process any data where I am the data subject to any of the credit reference agencies, I would consult my legal team with a view to bringing a claim for libel against you in the County Court.

 

As provider of said data and the agencies publishing said data, you would be jointly involved in publishing unfounded, disparaging and damaging information about me.

 

If you write to me in these terms again, I will report you to the Office of Fair Trading for making false representations and ignoring their debt collection guidelines. This may involve you in further costs.

 

CONCLUSION

 

If you feel you can substantiate your invoice and agree to communicate with me within acceptable guidelines in future and wish to try and persuade me to become a customer, then please write to me with your proposals for my consideration.

 

Yours,

 

Alphageek

Away via RD tomorrow morning.

 

Cheeky beggers! :D

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Hi Zazen, many thanks for the info.

 

I agree my letter is a little OTT and was not really meant to be taken seriously.

 

I suppose I don't have an issue with invoice, it probably isn't too far out even if it is estimated. I could also pay it if things looked like they may turn out badly.

 

I was just a little annoyed with them for sending me an invoice and then a threatening reminder when, to my mind, I was not a customer of the company.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Or you could turn it around on them and tell them that since their actual reading starts at X date, that is the only date from which they can start billing you, as you do not accept their estimated reading. Tell them that you are formally putting the amount in dispute and that they can either give you the correct amount (they can't obviously) or start from the actual reading. Depends how far you want to push, really.

 

Happened to me a good few years ago, moved into a flat with electricity already running, got a huge bill 2 months later, told them it wasn't mine since I had only recently moved in, they started our contract from the date I had contacted them, as they knew they were in the wrong.

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