Jump to content


  • Tweets

  • Posts

    • What it's up to you – but you come here for our advice and then you go to a garage for advice and you take their advice. Are they lawyers? Do they have legal experience? Are they going to be the people who draft your letter of rejection? Are they can be the people who draft your letter of claim? I think you need to decide where you are going to get your advice from.  
    • I explained in the garage what is the case and they advice me to do it only diagnostic.    
    • I'm glad to say now that you're going to have difficulty bringing a legal action against these people. You don't have a proper trading address and even if you can convince the court that you did actually serve the claim correctly, and you win the case – which is pretty well guaranteed – the difficulty will be trying to enforce the judgement. Enforcement means that they will have to agree to pay the judgement or else you will send bailiffs around and the bailiffs will oblige them to pay. At this level you are only dealing with County Court bailiffs who are pussycats and they will have the same difficulty finding the still open as you are. The cost of bringing this claim would be about £50. Assuming that they don't defend – you will get judgement but then the cost of getting county court bailiffs involved is about another £65 or so so you would be out of pocket by £115. You would get this money back – assuming that you can enforce the judgement. We are happy to advise you and we are happy to help you with this. Your chances of serving the County Court judgement on their stall is reasonable. Your chances of success is pretty well guaranteed but your chances of enforcement and getting the money for the phone and also your court costs are frankly negligible. So you might have gone to a lot of trouble and find yourself out of pocket by nearly £300 – price of the phone + cost of the action and enforcement. We don't often give negative advice here – but in this case unless you can find out more about the sellers and in particular where they live – and also their names, I think you are on a hiding to nothing
    • The things is the computer shows also in my car 18k mileage however has only 11k maybe even they was changing the clock. I attached now fully proof from MOT Centre We have done only the diagnostic on vehicle. Could you please help me to send the email to bigmotor and also finance company ?   Thank you   Audi Report.pdf
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Spark Energy - Tariff Issues


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4013 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hey all,

This is my first post although I have used the site before (lurking in the shadows) for advice on a lot of different things

and now I have a query that I can't find an answer to without asking it myself!

 

I moved into a property back in the end of September 2012 & unfortunately I've been having a lot of trouble with Spark energy.

 

I have contacted them on many occasions as I was trying to receive a final bill in order so that I could switch to another supplier.

 

I've now finally managed to receive a bill from them, however the problem I have is the fact it seems they have changed my tariff retrospectively.

 

I was in receipt of a letter dated at the end of March that stated I was currently on the best tariff,

however to retain this tariff & complete account setup I would have to provide either a security deposit of £150 within 7 days

or provide my DD details or I would be switched onto a worse tariff (the standard plus).

 

I didn't do this as I have been trying to leave them (I was wary in case it meant me having to chase them for money after I had left).

 

However I have now received a bill which states that for my usage between September up until today,

my account was on the worse tariff which makes a difference to the bill of about £800 (which incidentally is around half the bill's cost).

 

I've no problem paying for what I have used,

however I was just wondering if anyone could advise as to the situation

and the legality of the tariff being retrospectively changed to the worse one?

 

Any help would be greatly appreciated.

Link to post
Share on other sites

As an update I have checked the letter for wording and it states, "if we haven't heard from you by the time your first bill is due, we will have to change your account back to our Standard Plus tariff, which is more expensive."

To me the wording of this specifies that they will change it back upon the due date of the first bill, but in no way specifies that they will backdate the previous energy used onto the more expensive tariff.

Link to post
Share on other sites

  • 1 month later...

they are a well thought out rip off and a nightmare to get rid of.

they do this to everyone. you have to wait for months for the first bill to then find out that you have been charged the most expensive tariff for failing to set up the DD. and in the meantime they block any attempts to transfer to another suppier on the grounds of your acount being in arrears.

If they had sent you your first bill in october or at least in december you would have been able to at least get rid of them back then even if you had to pay the higher charge, but they have dragged it for over 6 months to try and overcharge you for the whole period.

 

what you need to do is dispute the bill and send them a formal compaint to customer.resolutions@sparkenergy.co.uk stating exactly that they failed to provide the bill despite numerous requests and had you known that you had been charged double the normal rate you would have paid off and trasferred out many months ago. Request that they recalculate the bill based on their original tariff back to the date when you first contacted them requesting the finall bill. Advise them that you will complain to the Energy Ombudsman, if they fail to do that.

 

They will then most likely offer you to backdate the cheapest tariff only if you set up the direct debit agreement. Tell them you will only consider the direct debit after your complaint has been upheld and you have received the recalculated bill. Then it's up to you to decide whether to pay it off in full and try to transfer out again, or to set up the direct debit (for a bit higher than your monthly usage to pay off the arrears) and stay on their cheapest rate (which is sort of reasonable i must admit). Try and keep all communication in writing, using your complaint ref number, they WILL try to phone and text you to bully you into paying the full amount. You will never see a refund after you have paid even if they agree to your complaint at a later date. google them, you will find lots of stories similiar to yours.

 

ps. just noticed the original post date. hope the OP got it all sorted. will leave my reply for others who may have similiar problems with spark energy

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...