UW capricious debt charges - warrant to fit prepayment meters **WON**

[nomorecrooks]

I have my electricity & gas with Utility Warehouse (“UW”).

Owing to employment issues I developed arrears in my energy account with Utility Warehouse.

In Calendar 2012 my total consumption and charges were as follows:

Gas: £1,172.89

Electricity: £1,265.66

Over the same period UW has billed me a grand total of £1,010.00 in other charges composed of £66.00 in “DD –refer to” and the balance of charges described as “Legal / debt charge”.

I have paid in full all of the energy charges but am engaged in a dispute with UW over the other charges.

UW has taken me to magistrate’s court in an attempt to obtain a warrant to fit prepayment meters. I attempted to defend the application by pointing out, via a detailed witness statement, that this is a dispute and that the dispute relates to charges which are not covered by the legislation under which UW is attempting to obtain a warrant. The magistrates adjourned UW’s application so as to have an opportunity to consider my witness statement.

I have written to UW about the charges, I have asked it to explain in detail the charges. UW has stated that they are legitimate and that I must pay them.

My questions to fellow CAG’s:

1. Do you agree with the overall approach I have taken at the magistrate’s court?

2. I am considering taking UW to county court on the following basis:

a. UW has applied my payments to its “other” charges on a first in first out accounting basis; therefore I could make a claim for circa £750 plus interest plus court fees for that amount.

b. I am thinking I would use the “penalty charges” rationale.

c. I am thinking that I should lodge my claim a week before the magistrates court hearing so as to frustrate this; I am assuming that County Court takes precedence over magistrates Court.

All thoughts would be greatly appreciated!

[citizenB]

I will flag your thread for those who might know.

 

If you want to submit additional information, I think it needs to be with the court 7 working days prior to the hearing.

[nomorecrooks]

I will flag your thread for those who might know.

 

If you want to submit additional information, I think it needs to be with the court 7 working days prior to the hearing.

 

Thank you!

[Surfer01]

Are you making arrangements to move to another supplier?

[nomorecrooks]

Yes, I have started the process to move our accounts;however I suspect UW will endeavour to frustrate my move by claiming that there are energy account arrears.

[dx100uk]

cant stop it anymore

 

i moved with even +£1k owing

 

 

dx

[nomorecrooks]

cant stop it anymore

 

i moved with even +£1k owing

 

 

dx

 

Thank you; UW has stated that I cannot move whilst I owe them money (presumably more than what might normally accrue during the move). Can you give me either statute or regulations which state that UW cannot refuse to move my account?

 

thanks!

[dx100uk]

type in switch my electric whilst owing

 

or like words in a search engine.

 

i think it was £500 now its must more.

 

dx

[Surfer01]

Thank you; UW has stated that I cannot move whilst I owe them money (presumably more than what might normally accrue during the move). Can you give me either statute or regulations which state that UW cannot refuse to move my account?

thanks!

If UW refuse to transfer, ask them in writing by snail mail for a deadlock letter and tell them that if it is not received within 14 days, you wil escalate it to the Ombudsman. That will cost them £500 if it is forwarded to Ombudsman! Only do this if you are prepared to take it all the way.

[nottslad]

An energy supplier can prevent you moving your supply whilst you have an outstanding balance of more than £500. Each supplier has their own policy on this, however I am 99% certain that in the Ofgem regulations they cannot stop you moving when there is a genuine dispute on the account

[Surfer01]

An energy supplier can prevent you moving your supply whilst you have an outstanding balance of more than £500. Each supplier has their own policy on this, however I am 99% certain that in the Ofgem regulations they cannot stop you moving when there is a genuine dispute on the account

 

Hello Nottslad. Nice to see you back again offering advice.

[IdaInFife]

same here

[nomorecrooks]

OK, thank ou for our advice.

 

What are your thoughts on simply taking UW to small claims court for the excessive and capricious debt charges?

[citizenB]

http://www.consumeractiongroup.co.uk/forum/content.php?910-Newsletter-October-2012

 

We highlighted the new regulations in the October Newsletter above.

 

Energy customers get new switching rights

Households with pre-payment meters who owe up to £500 to their energy supplier will be able to switch to cheaper deals

with another firm under new measures.

Customers of the biggest six companies are currently able to move only if they have debts of less than £200.

Under OFGEM's announcement, British Gas, EDF, Eon, SSE, Scottish Power and Npower will allow people on pre-payment meters to switch from 1 November.

It is thought tens of thousands of users will be helped by the move.

Read more :

http://www.consumeractiongroup.co.uk/forum/showthread.php?366355-New-rules-will-allow-switching-for-pre-payment-customers-with-arrears-of-up-to-%C2%A3500

[dx100uk]

are you saying they are charging penalty fees for being in debt to them?

 

dx

[nottslad]

I would have thought that these charges really are excessive and would constitute an unfair contract term as per the 1977 Act.

 

Whilst a company is within it's rights to pass on actual costs they have incurred as a result of late payments, these are punitive charges. Have you considered writing a formal letter of complaint to their MD, requesting a full explanation and breakdown of the charges and on what legal basis they consider the charges enforceable and fair?

 

 

Set out that you dispute these charges as they are excessive when compared to the principal sum which was owed

[nomorecrooks]

are you saying they are charging penalty fees for being in debt to them?

 

dx

 

Correct, UW has endeavoured to charge me fees which clearly exceed its costs; penalty fees.

 

I have now filed a claim, my claim was for the amount which UW has applied to its penalty fees rather than the energy charges. My claim utilised the usual penalty fees language.

 

I will let you all know how I make out with them.

[nottslad]

fantastic, keep us informed

[nomorecrooks]

I'm just waiting for the clock to run down so I can apply for summary judgement...

[nomorecrooks]

An update for you all:

 

 

• I have agreed to not disclose the outcome (CAG's will understand the meaning of this!);
  
• I withdrew my claim.
  
• I can afford a nice weekend in Paris!
  

[dx100uk]

great result!!

 

dx

[Attack-and-Fightback]

Sounds like a great resullt you got there Nomorecrooks, well done!

 

I am in a similar dispute with them so would love if you could dish any advice my way would be greatly appreciated.

[Attack-and-Fightback]

I have PM'd you nomorecrooks.

[Attack-and-Fightback]

Has anyone else had a similar problem with these UW outfit?

[DS1210]

Yes myself, i only got told yesterday i have to £500+ in costs.

 

I am rubbish at letters and stuff Please pm be what i should do