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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
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Eon want to back bill me for 3 years


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Hi all,

 

I moved into a newbuild flat in January 2006. It was my first time in a newbuild and my first house where I had to organise utilities etc.. (normally someone else did that and I just paid them what I owed - much easier then!)

 

The tenancy agreement said the electricity supplier was powergen so I telephoned them to inform them that I was the new tenant and they said they had no record of the meter and I needed an 'mpan' number if I remember rightly. The meter for the flat was in a communal cupboard for which I did not have the key and I tried unsuccessfully for several weeks to obtain the key from the letting agents. Suffice to say I grew tired of this and eventually forgot about it (I'd just started a new job, the heating wasn't working and there were numerous problems with the flat - which is another much longer story - so my mind was elsewhere at the time).

 

I think it was about 3 months later when I received a letter from powergen addressed 'Dear customer' asking for information about me, when I moved in, meter serial number, name of developer and a few other details. Now, since it was that long ago I cannot remember if I called them or not informing them of how I could not access the meter cupboard, I am sure I did but it was that long ago I can't be sure, let alone prove it!!

 

I moved out in October 2007 and my friend who I was sharing with took over the lease (we were joint tenants before that). My friend moved out about a month and a half ago and has just received a bill for the past 3 years of over £3000. This is the first contact we have had from Eon/Powergen since that initial letter described earlier. I suspect the letter was blanket delivered to all flats in the building and could easily have been lost or not passed on by estate agents/landlords managing properties in the building to new tenants.

 

I've since moved into another newbuild and this time I received bills and letters from the utility companies which had the address registered and were taking readings already so it was much more straightforward. Isn't this how it is supposed to be?

 

I've had a read of the forums and taken a look at the code of practice which has a section on companies not charging for more than 12 months in arrears if they have not sent a bill out before. Does this apply in my situation? Does it matter if I cannot prove I called them to say I could not access the meter cupboard? Please help!!

 

Regards,

 

Pigeon

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With regards to the backbilling, there are several factors which have to be taken into account as to whether the billing code applies or not.

 

The onus is very much on the consumer - you knew you were using electricity at the property, and E.ON asked you to obtain your MSN (Meter Serial Number) so that they could set up your account.

 

You never got back in touch with this and as such did nothing to help yourself. Whilst I appreciate that moving house is a very stressful time and there were other factors in your life, you needed to provide this information.

 

E.ON will have taken into account things such as if they were ever informed by either yourself or the builder of the change from a plot to postal address. If not, then they are ok to bill. If they were informed but took no action, then they can only back bil for one year.

 

Also, call and ask if anyone attempted to read the meter during that perios, if not this may fall under the billing code. If you create enough stink and threaten with the ombudsman, they will end up applying the billing code as this is what the ESO will advise you.

 

Google Energy Billing Code and take a few points from it and wroite to the Directors Office

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Thanks for the reply Nottslad, much appreciated.

 

After posting the original message my friend (who received our bill from Eon recently) informed me that the bill had an actual meter reading given to Eon by 'us' on the 15th January 2006 and this is what they had based the bill on. The rest of the readings were estimates. I moved in on the 14th January 2006 so I assume it was the letting agents that gave them the reading. There is also an account number on the bill, does this mean that they should have sent us an occupier bill after the reading was sent to them?

 

So when I called them and they said they had no record of the property etc. they in fact did have a record and a meter reading. How does this affect the application of the code?

 

Regards,

 

Pigeon

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They most likely did have the property registered, but under the plot number. They would have required you to provide them with the plot number and the meter details they requested from you to be sure that the address would be billed correctly to the right meter. It also depends on how recently the account was set up in regards to the account number. The developers may have provided the readings before you moved in and the meter details provided by the current tenants.

 

The billing code may not apply if Eon requested for you to provide the information but you failed to do so.

 

Have you called Eon and spoken about any of these issues?

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Actual Readings is a complete load of crap. The system does not let them open up a new customer file without actual readings so sometimes they just make them up. Bear this in mind. If its gas ask for meter installation data from xoserve or if it is electric ask for meter installation data from eccoes. They will know what you mean. Failing that It is your duty to provide accurate meter readings but also their duty to check them once a year.

:whoo:Debt Paid £9.99 - Unlawful Debt Removed £51.09 - Total Debt Busted £61.08:whoo:

SFUK vs Jacamo / JD Williams - WON

SFUK vs Vanquis Bank - Ongoing

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It is possible that E.ON were informed by the builder of the handover the actual meter reading..

 

Your meter installation will be shown on you meter on a sticker, it will have the installation reads. With it being a new build, I would presume that both the gas and electric meters were installed on zeroes.

 

In this case, it should have been noted on the builders account that you called in trying to set up your account and the advisor couldn't help. If they have noted they requested your meter details, billing code will definately not apply.

 

It looks like the only way billing code may apply in this case is if no attempt was made to read your meters by E.ON during this period. If they have but not billed the account, then their own "Operational Loss" would apply, which is similar to Billing Code - they will not bill for over a year.

 

If I were to talk to a customer in your position, I would look down every avenue of having an adjustment applied to the account. If nothing can be applied, I would be flexible with a payment arrangement and allow you to pay off the balance over the 3 years you were not billed for, but you must cover your ongoing consumption at the same time....

 

The best thing to do is pick up the phone and discuss the situation Something else which seems a bit strange is the bill you said you received firstly. The reading it refers to from 2006 may be from the builders when they handed over the plot account. It is still possible at this stge that the properties did not have their full postal adresses, and why you were not billed.

 

Another point to address is whether bills had been sent to the plot address and just not reaching you or if bills were just not being sent at all... The plot thickens!

 

sfuk - do you work for E.ON? If you do, you would know that it is possible to process a change of tenancy based on estuimated reads

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sfuk - do you work for E.ON? If you do, you would know that it is possible to process a change of tenancy based on estuimated reads

 

You will have to forgive me - I left when they bought in the new ICE tool and back then you couldn't. I didn't do many COT's as we used to hand them over. If I am misinformed now then I apologise.

:whoo:Debt Paid £9.99 - Unlawful Debt Removed £51.09 - Total Debt Busted £61.08:whoo:

SFUK vs Jacamo / JD Williams - WON

SFUK vs Vanquis Bank - Ongoing

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