Energy Supplier obtained Summary Judgement and are asking to be paid twice for same electricity

[j57]

A Summary judgement was obtained against my son in the sum of £130,000 by an energy company .

 

they have issed these bills saying that My son was responsible backdating 5 years of electricity as they think my son was unable to sublet his premise

therefore they now deem him responsible from 2005 to 2010.

 

They have already been paid for a lot of this electricity by various third parties whom technically my son leased the premises too.

 

Further more my son was threatened by his father to have the lease in his name.

 

The lease also had an asignment to it which added on another party to the lease who was actually responsible for the bills.

My sons defence was nil as Claimants have ignored our attempts earlier to sort this matter out.

 

The energy company solicitors served papers at different addresses where my son no longer lives.

I have tried to keep him from the stress of this matter.

 

Also the electricity company have used estimated readings and instead of 7p charged 17p

and have failed to mention that they have received many many payments for the same electricity

 

We have evidence from one company that ran the business that in 2006 to 2008 they paid in excess of £40,000 .

. At no time did my son ever run or have anything to do with the property.

 

I attended a hearing on 15th October apparently the solicitors have served papers for a year and a half

but my son did not have them they have lied about the bills overcharging and charging for same electricity twice.

 

The district Judge said my son had no defence (I had in actual fact put one in thinking they didn’t stand a chance but it was rubbish can I get into trouble for this)

 

They issued summary judgement only because my son has failed to deal with some points .

It was always understood with the brewery that the business was sub let they even admit this in a letter.

 

They are now claiming for 5 years worth of electricity at over inflated estimated reads

they have also failed to give full and accurate information to the courts

 

I want to know how we can get the summary judgement set aside as my son did not defend himself.

 

The Judge was very angry that my son did not attend.

(He was ill anyway but also I had not told him too).

 

I dont think they will accept anything less than a top argument and I dont have the money to defend this.

 

Any assistance will be appreciated.

Edited October 26, 2012 by j57
I wrote everything too quick and repeated myself not being clear enough.

[j57]

Here is the actual order Given

 

1. Application to adjourn is refused.

 

2. The defence shall be struck out, pursuant to order 3.4

 

3. There be a Summary Judgement on the claim in the sum of £124,490.32 plus interest in the sum of £7936.24

 

4. The defendant to pay the claimants costs summarily assessd in the sum of £11,083.00

[Surfer01]

TBH this is very complicated as it seems the son signed a lease for a business in his own name instead of the name of the business. Did your son agree to Npower supplying the business? Did you do a SAR? I honestly think you need a solicitor at this stage as it has already gone to court, however you may be able to appeal the judgement.

[Planta genista]

You do need to get a solicitor asap - also this thread should be in the right forum where others are more likely to see it and may be able to help.

 

Although this may or may not help your actual case, you may find this article about NPower interesting at least:

 

http://www.dailymail.co.uk/news/article-2223658/Homeowner-mis-sold-gas-Npower-salesman-person-win-harassment-payment-energy-giant-sent-10-debt-collection-agencies-him.html

 

You need to be getting onto the relevant organisations too - NPower have a very bad track record but they're not inclined to accept their own failings

.

[Planta genista]

Also - I think you need to stop advising your son or doing anything further for him until either you or he does have legal representation as you may have harmed his case.

[citizenB]

Have moved thread to Legal issues forums, you might attract more specialised knowledge.

[Ganymede]

You should not have been dealing with this without telling your son as you have severely prejudiced his position and now he has a massive CCJ against him.

 

He needs to see a solicitor as he can't merely apply to set aside the judgment and an appeal will be expensive and potentially a waste of time.

[j57]

Also - I think you need to stop advising your son or doing anything further for him until either you or he does have legal representation as you may have harmed his case.

 

Thank you for your advice

 

I know i have failed him but he originally signed the lease under duress from his father who had threatened him (Ihave court papers to show this happened and his father was charged and went to prison for fear threats and harrasment).

 

I therefore didnt want to upset him further that why I didnt tell him to attend as he was unwell. Can I file a N244 to set aside judgement as my son didnt know and the papers were not served.

 

Also they failed to provide any paperwork prior to the hearing on 15th October?

 

I dont have any money to defend this neither does he as the quotes to just look at the paperwork is £5,000.

 

There is also another named party on the assignment to this lease to the person who actually ran the businesses. I have over 1000 pieces of paperwork highlighting their incorrect billing they even admit in a few documents that they have got all the billing wrong.

 

We also have a letter from the brewery who the lease was with stating that they knew the premises were sublet surely this thrown out their argument that he was not allowed to sublet?

 

I am in the middle of filing an N244 to have the Summary judgement set aside is this not right?

 

I also have evidence that they are lying about the amounts owed as they have been paid. Furthermore I though their was a back billing charter which states that they can only go back three years? If this is the case then 2007 to 2010 the electricity was paid for in full.

 

Even if they say the year 2005 to to 2007 that Electric was used the most that can of been used is £30,00 but even then I have further proof that other companies ran by the assignor to the lease was running and he did pay the bills!

 

Im suicidal with this and they have ignored all of our correspondance for 2 years of which I have 3 different witness statements.

Edited October 27, 2012 by honeybee13
Putting in some spacing for easier reading.

[Asbestross]

Can I file a N244 to set aside judgement as my son didnt know and the papers were not served.

 

When you filed the basic defence, did you do this acting as a representative on the claim form?

 

I'm sorry to say that as a defence was submitted regardless of whether you acted as representation, and summary judgment obtained, the only way to progress further would be an appeal, but this is extremely difficult.

 

With regards to no paperwork being submitted, did you request this under CPR?

 

I would strongly recommend discussing with a Solicitor. Does your son have assets to his name?

 

Thanks

Edited October 27, 2012 by Asbestross
Misread OP

[j57]

When you filed the basic defence, did you do this acting as a representative on the claim form?

 

I'm sorry to say that as a defence was submitted regardless of whether you acted as representation, and summary judgment obtained, the only way to progress further would be an appeal, but this is extremely difficult.

 

With regards to no paperwork being submitted, did you request this under CPR?

 

I would strongly recommend discussing with a Solicitor. Does your son have assets to his name?

 

Thanks

 

 

 

I had been let down last minute by a solicitor due to conflict of interest and the new solicitor suggest that I ask for adjournment.

 

 

We dont have the money to ask for representation and it is really frustrating that they are doing this. My son is going to file for bankruptcy as they are not having a penny as its simply not owed.

 

Thank you

Edited October 28, 2012 by j57

[andydd]

It would appear the OP is at risk of contempt of court or other criminal sanctions as he falsely signed the claim form pretending to be his son..what a mess !

 

What we ned to know is what the defence said ?

 

Anmd then what the defence to Sj said ?, this coul;d be different to the original defnce, all you have to do is show that the caze is not 100% cut and dry and show that you have at least a chance of defending or that there are major errors in the claim (SJ's are not given lightly as they remove someones right to justice).

 

The figures in this case are huge and £11K costs seems very high considering that SJ's are to cut the court action short and save costs.

 

I suspect that there may well be some sort of defence or that the amount owing is substantially reduced.

 

As suggested it would appear that its unlikely to get it set aside, (did you attend SJ hearing ?), but an appeal maybe possible.

 

Andy

[Planta genista]

I'd say at this point it might be wise for some of the posts to be edited as the situation goes from bad to worse.

 

Did you go to Citizen's Advice?

 

Did you try the appropriate ombudsman?

 

Is there any way you could show that NPower have been deliberately negligent and/ or have misled the Court over the facts?

 

The CAB should be able to provide you with the names of solicitors who could give YOUR SON some free advice at the very least. Even if he was 'forced to sign' anything, unless he was under 18 or deemed incapable of managing his affairs at the time, he is the person who has to take responsibility for what is going on.

 

Your son will have to know about your actions and that cannot help his health at all.

 

If your son files for bankruptcy, all this is going to come out and I'm not sure how it will affect his case and his future and it is HIS future that is being affected, not yours.

 

You must both go to a solicitor - get onto it first thing on Monday morning and take all the evidence you have that NPower have pursued a non-existent debt through the Courts due to false representation.

[j57]

Thank you so much for your advice it was very kind of you.

 

I have substantial evidence in thousands of pieces of paperwork

 

I have one statement confirming payment of over £32,000 for a two year period.

and many more that confirms the electricity during the five year period was paid.

 

Also that the energy company is wrong Evidenced by confirmed meter readings by a different energy company at the start

and the current one now who give confirmed yearly energy consumption which amounts to very little in comparrison.

 

I have in total 75 bundles from N Power themselves contradicting asking various parties to pay for the various meters

confirmation of payments confirmation of balances

 

now they just want to charge for the same electricity twice its bizzare.

 

As I have never used this before is there anything

 

I should ammend in posts now? Thank you

[Old Cogger]

There is an power adudicator who looks at cases such as your, google untilities complaints and see what comes up, I heard of one years ago who will look into a certain company letters etc, (it was N Power) as well.

[Old Cogger]

Energy Supply Ombudsman

[j57]

After your help and advice

 

I have spent the last 48 hours doing a chronology of events and have now got two files overflowing with the energy companies contradictory evidence

and furthermore evidence that some months they charge £7,000 per month

 

they block us trying to change contractors they give rates of 6.84 then change the unit up and down as they felt fit to upto 17.6p

 

They admit to misleading meter reads in various correspondence saying sorry

 

in fact this has to be the most confusing time and has caused my life an absolute misery for over 9 years

 

I have on many occassions felt suicidal.

 

How unfair and the only thing they can do is throw their weight around as they can afford high Legal costs.

 

They even sent us a cut off notice as a Happy christmas present on 23rd December even though we have evidence that they had been paid.

 

Just wanted to say a big thanks for your support and fingers crossed we can get something sorted out!

[Planta genista]

J57 - please please get to a solicitor.

 

If you can prove all of this, there is the possibility it could be turned around for your son to received compensation.

 

If you continue struggling alone, you'll both suffer for a very long time.

[j57]

I Have found a woman who has previously dealt with the same energy company so its full steam ahead.

 

DO you know is it possible to appeal a summary judgement and counterclaim at the same time?

 

What would be the most relevant information to stick to for the appeal?

Thank you

[Surfer01]

I Have found a woman who has previously dealt with the same energy company so its full steam ahead.

 

DO you know is it possible to appeal a summary judgement and counterclaim at the same time?

 

What would be the most relevant information to stick to for the appeal?

Thank you

 

Let your solicitor handle it as she will be better informed than us.