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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  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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Eon's invasive questioning


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Ok, I have phoned them today (grudgingly and I wish I hadn't) and it appears the account still has the same conditions attached to it.

 

The agent I spoke to (I raised it to a team leader/supervisor) admitted that it sound bizarre but she wasn't able to authorize anything...I asked that she raise the complaint to management and to put it in writing to me the reasons as to why I cannot still faciliate my account.

 

I also offered them the meter reading...which they took down but would offer/add no more...she did say that given the reading they may/would need to make a site visit but she wasn't sure at which point I said that if they wanted to make a site visit they should seek authorisation from their other party (see below paragraph)

 

I asked that they phone the number on my account (which was the third parties) which she went off and did and met with response expected...as in a dead number...when asked how she could then get 'authorisation' she said they'd have to write .....yeah right.

 

In any case, I've spoken to my solicitor just now, he will be writing to them explaining the situation and suggest they write/contact him for further information. What I won't do is send EON copies of the deeds or land registry entries, if they want to be so bloody minded they can do it themselves.

 

I'm also going to contact EON's legal team myself if I can locate the number....

 

So I've given them the reading....I've spoke to them, I've made 'first contact' and still nothing has been resolved..and until they adjust my account so that I as the named account holder have authority to do as I want as in gt a final reading/change account details...then access to my property unless by court order is not going to happen.

 

In some ways a court order would be a good thing, it would allow me to go to court, show the relevant documentation and gain control of my own destiny re this bloomin account..

 

What I will do as sure as I type here is change providers at the earliest possible time and if it costs more to do so then so be it.

I reside in Dawlish Warren but am not a rabbit.

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... if they want to be so bloody minded they can do it themselves.

 

With respect Deb you too are being bloody minded, Eon will not do this for you, why should they?

 

You have a route to resolving this and will not take it.

 

Similarly after two years it is not unreasonable for Eon to want access to your meter for an actual read, in fact I believe by law they are required to do this and you will end up with both warrant fees and inconvenience by continuing to digg your heels in.

 

Eon would seek a warrant to access the meter, the purpose of this is not to establish whose meter it is, if you attended the court and still refused access for whatever reason the warrant would be granted.

 

Do you want to give Eon £300 and potentially get a load of hassle, your locks changed, perhaps a trip to the police station to pick up the new keys etc. Or would you rather admit a meter reader?

 

However a *signed* solicitors letter should resolve this but to be blunt you are not helping yourself.

Edited by zazen.warrior
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I have called them...I have given them a meter reading..I have asked that they update my account...there is no outstanding amount on the account (not has there ever been) the account is in my name, the bills come to the address and are paid.

 

I want them to take my name off the bill and put it into a different name...I want a final meter reading....I would like once they've done this for them to send the money I think they owe...but that is a secondary issue.

 

These are simple, elementary requests made by me the so called account holder and yet EON will not authorise unless they receive it from the now non existent 3rd party....

 

I've been as compliant as I possibly can today, I gave them the info they required but unless I am able to change details on my account as any account holder should be able to then I will not co-operate with them.

 

That isn't being difficult , the suprvisor at the other end admitted it was bizarre, admitted that they had tried the number on file and it was dead, admitted that they had no easy way of contacting this 'ghost' third party and stated that as I was the account holder and I am the person responsible for the supply then I and I alone should have authority (other than eon of course) but the computer says no.

 

 

added as I was typing...

 

I've managed since my last post to speak to EON legal department who have taken the details and are calling back this afternoon, but interesting he did say that as the account holder and the one named on the bill by eon then I should have the ability to request a final reading and for the account to be changed into anothers name with their permission and the relevant procedure in place. ....we'll see what they say later

Edited by Deb T
forgot to add something

I reside in Dawlish Warren but am not a rabbit.

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Ok...legal department called back....asked me a couple of questions re original situation/deal and to confirm varying bills in the interim of which I have them all luckily.

 

The end result is this, they're sending out somebody to verify the meter reading tomorrow at 2pm, the meter is within it's shelf life and doesn't require a change. They gave me an idea as to how much would be paid back if the meter reading was correct and it's a considerable sum of money and they confirmed that it will be paid to me direct.

 

I can't request a final meter reading until they've read it this time round, the account authorisation by the third party from way back has been rescinded...it should never have been placed on it but a reason for it not being easy to remove is that it was locked down to a particular dept within eon that deal with these kinds of issue but that dept has since merged with another and thus the reason why the computer kept saying no....

 

They confirmed that there are no warrants for entry having ever been issued although there was action scheduled again for September. It also appears that there are some costs that have been added to the account over the course of time but which have now squashed and will show on the next bill...

 

All of this they're sending in a letter first class today, I won't believe it until I have sight of it and I'll be sorely irritated if the meter is read and then no letter arrives...

 

They did apologise and he sounded genuine enough.

I reside in Dawlish Warren but am not a rabbit.

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Who is the owner of the property and who is named on the tenancy agreement. Sending a copy of the names of the tenancy agreement would resolve this issue once and for all.

 

The person that left first of all, if they were the landlord, they may have requested that EON check with them prior to changing the names on the account, which is perhaps understandable.

 

With regards to the estimated reading, the longer you leave this the worse it will get, the meter may look as if it has gone round the clock, in which case you may lose any overpayment as no readings in a number of years will mean theres nothing to support the fact that your usage is lower

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oK, to update..the letter from e-on arrived today, quite clearly sets out what the problem was and how it has been resolved and it is to my satisfaction except for one detail and that is the meter was supposed to have been read at 2pm on Tuesday but they haven't turned up but we'll see how it goes over the next few days. Pending the reading be made I can then ask for a final and for it to transfer into another name.

 

Thanks for the input/advice here...

I reside in Dawlish Warren but am not a rabbit.

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i'm glad it seems sorted now. I've just read this thread from the start and from a similar instance i can totally understand what you were saying.

Shame i wasn't here earlier to offer a bit of support.

Well done though

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It's quite refreshing to hear that there is a similar situation, it all sounds quite bizarre thats for sure.

 

Silly thing is I've made a request for a reading, nobody has turned up and now it's two appts they've missed. I've done my bit, I won't be extending my courtesy much further mind.

I reside in Dawlish Warren but am not a rabbit.

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  • 1 month later...

After many years of being off the radar with these people (see other thread) I gave them a call and eventually got the meter read. Haven't been particulary happy on how they've worked the bill out and have called them a couple of times to speak to them re the matter.

 

But on both calls I have had them ask several what I consider to be invasive questioning. After giving them the account number they then go on to ask me for the first line of my address and the post code...no problem with this....and then come a series of questions....which are....

 

D.o.b

Home owner or Tenant

Mobile telephone number

Home telephone number

Parents addresss

 

 

I haven't of course answered ahy of these but the first two questions were asked by the one representative and the last 3 by the second representative.

 

When I queried why they were asking such questions it was 'oh, well we are making sure that people can't gain access to your account....When I mentioned that none of the above requested details were or ever have been on the account their response was 'well it's to help us identify you' when I mentioned why not simply set up a password and my mothers maiden name or similar the answer was....'how we can help you today'

 

I suspect the real issue is that they were attempting to gain information that may assist them in the event of the account not being paid....but if eon think they'll have any of this information from me they can think again. Totally underhanded tactics as far as I'm concerned.

I reside in Dawlish Warren but am not a rabbit.

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I have had a problem with EON (POWERGEN) fro a disputed debt from about four years ago. I have since moved out of the house i was in and they have now passed the debt on to Scotcall (dca) who are now constantly writing to my parents house. I haven't lived their for ten years!!

Don't give them any information, as you say they are trying to get as much info as they can should you decide the debt is in dispute and you move out.

Andy...

 

 

 

 

 

 

 

 

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I agree with you Deb, I refuse to ask these questions as quite simply, I don't see how they are relevant.

 

I can appreciate DOB as people can forget phone numbers etc, and residential status is asked to ensure tenants don't buy central heating care, but the rest of it is not necessary for the purpose of the business.

 

The official response we're supposed to make is that it is to help us understand our customer needs better and to tailor future products and services to meet the customer base or something along those lines, but I don't see how knowing all of this will help - people are buying gas and electric - an essential item!

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Andy there's a possibility that things are going to your parents address from a tracing enquiry made by ScotCall?

 

If the debt is in dispute why would you not want to give your forwarding address? It would make resolving the issue a lot more difficult

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There is no debt, they actually owe me money but I think they owe me more money than what they are saying they do...

 

But yep, those questions are almost certainly tailored to gain as much information as they can for future days of unrest if an account goes tits up.

I reside in Dawlish Warren but am not a rabbit.

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Will not give my forwarding address to anyone who can't find it. They will have done a trace but as i am not on the electoral register their any more (haven't been for over ten years) then they shouldn't be sending letters their full stop.

As you will have read in my last post the disputed debt is over four years old now and i will just wait until is statute barred before they get anything from me ie letter with true address.

I have spoken to Scotcall about sending letters to my parents house (pretended i was my brother) and told them i would be complaining to the OFT and TS about their conduct. They don't even put my name on the letter. It just has a surname on it. Totally against OFT guidelines.

Andy...

 

 

 

 

 

 

 

 

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If you read the thread properly Mattlamb you would see i am no longer their.

 

I would prefer it if you would not post about this subject anymore as it is not my thread and i don't want to be intrusive of the OP's thread.

 

Please read threads properly before you comment as it is happening quite reguarly lately, people who comment who haven't bothered to read through the posts properly!!!!

Andy...

 

 

 

 

 

 

 

 

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  • 11 months later...

I guess they're not breaking any guidelines but I'm becoming increasingly concerned at the question / invasive manner that their call centre operatives are asking/adopting.

 

EON have the last twice I've called them asked

'Is the property owned by yourself'

and

d.o.b

 

British Gas have on three separate occasions in the last twelve months asked

'Is it your property'

and

'd.o.b'

and

'Are you married'

 

They have no right to this information, i am on the MPS and don't require marketing information but even then

d.o.b is not a question they should be asking....

 

I guess they ask for the purposes of billing and should an account fall into arrears etc etc but given I gave both companies a mobile number as a way of contacting me (I leave it in ansafone mode permanently) and if a bill is late they call 2 or 3 times a day then there is absolutely no way I would trust a call centre operative with my details.

 

I'd like to think they have a case to answer, they're a utility company not a money lender/bank etc.

I reside in Dawlish Warren but am not a rabbit.

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Part of the reason for asking for date of birth is to ensure that any vulnerabilities are picked up - this becomes relevant when a customer is over 60 as Ofgem consider 60 as the point when someone is vulnerable, so to ensure supplies are not disconnected for elderly people DOB is relevant.

 

Also this information can be used for data protection to ensure the security of your account.

 

With regards to property ownership, this is asked usually for credit management reasons by profiling customers - their age, residential and employment status can help categorize someone and their pay propensity, which then enables a more personal approach should a payment problem occur.

 

If you don't want to give the information, then that's fine as you are not obligated, however they will continue to ask

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Finding out if somebody is over 60 can be asked by 'Could you tell me how old you'll be on your next birthday' not d.o.b as for vulnerability, that is a joke, my aunt is 79, she's been on an economy 7 meter since whenever, she uses on average less than 1 unit a night, when we decided to look into her account because her charges seemed high and we asked her supplier how much she would have saved over a year on a different tariff of theirs the amount was £135 How is that looking after the 'vulnerable'?

 

Supplies disconnected would take some amount of process to get to at which point any 'vulnerability would most likely be identified.

 

As for data protection. rubbish, I can access my account via an automated system, it simply asks me my account number and my postcode, once it's been authenticated I can pay. speak to billing or whatever, no further checks are asked of me.

 

If security was an issue they'd ask for a passcode or something, they do not need d.o.b

 

As for property ownership. it has nothing to do with credit management, at least not in he way you describe, it isn't about fostering good relations it's more that if the proverbial hits the fan they want to know they can take you to court and have as much information on you as possible.

 

Utility companies are obliged to work with people should the bill become a problem, they do not need your d.o.b or if you own property or where you work, you can give them your circumstances if need be when phoning.

 

Essentially they're collecting data or trying to where they really have no right to it, there are enough companies/people/groups/bodies out there that have all of our details without the utility companies getting on the band wagon.

I reside in Dawlish Warren but am not a rabbit.

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Many companies do use DOB to confirm identity in addition to your account number.

 

I believe one reason they ask if you are a homeowner or not is that the higher majority of unpaid accounts are from rented properties. Also a mobile telephone doesn't mean anything, you could be anyone living anywhere.

 

I agree that too many companies want to know way too much and I am very careful as to what information I give people/companies, but imho, giving a dob and phone number is no big deal when you are effectively asking a company to extend you credit in advance, all be it gas and electric or internet instead of money.

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