Jump to content


Taking NPower to Court


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3083 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

Hi.

I'm new to the forum. I just need some advice.

 

I am in the process of taking NPower to court because of billing mistakes for several years.

 

I started the claim in May 2013.

 

I was already awarded judgement in August due to NPwer not returning their defence in time.

 

However, they successfully applied to the court to have it reversed.

 

The same thing happened when they did not return the Directions Questionnaire in time.

 

The court gave them another week to file it. (Which they did)

 

Three weeks ago,

 

I received a letter from the court to say that the case had been struck out.

 

I was fuming after all this time.

 

I applied to the court to have the case re-instated,

and I have been given a 20 minute court date for the end of January.

 

My main questions are, what happens at the court?

 

do I need to take anything with me, and what will the judge expect me to say or do.

 

Will NPwer be at this Application Hearing?

 

As you can tell, I have never done anything like this before.

 

I would appreciate any advice.

Thank you.

Link to post
Share on other sites

What grounds was your claim struck out ?

 

You will have opportunity to reinforce/justify your claim and its merits...dont forget to reiterate the defendants failings/none compliance with directions and that the judgment should stand.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

We need to know why it was struck out, there must be a reason, has it been allocated to a track yet ?

 

Your questions are a bit vague, we cant say what the judge will ask but if the case is re instated you will need to provide evidence and docs to court and npower and take originals to court and make notes of what you are going to say, etc

Link to post
Share on other sites

Hi. Thanks for the reply.

The letter from the court reads as follows:

 

Upon reading pleading questionnaires filed by both parties and upon the claim as pleaded disclosing no cause of action in law.

IT IS ORDERED THAT

1. The claim is struck out in accordance with the court case management powers under CPR 3.4.

2. Order made without a hearing. Either party may apply to vary or set aside within 7 days of service.

 

I was devastated because I have all the evidence in the form of the errors on the bills, The fact that they did not follow the recommendations of the energy ombudsman, and the many emails from their customer complaints department.

 

I just don't want to mess it all up when I go to the Application hearing. I'm not sure what I'm expected to say.

Link to post
Share on other sites

Evidently there is something wrong with your Particulars not being CPR compliant...hence CPR 3.4

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.4.

 

Could you post a copy of your particulars and the defendants defence ...verbatim.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy.

Thanks for your quick reply.

I can't really put all the details on here because my claim is about 3 pages long. It deals with the way we have been treated by NPower and the errors on the bills going back a long time.

When I first put the claim in, it was returned because I did not put an amount I was claiming.

The court office suggested I put in a figure of £3000.

In the application to have the case re-instated, I explained to the judge that this was never about claiming money from them, rather , it was to get NPower to sort out the mistakes they have made.

Their defence was all about the £3000. How I arrived at that figure. There was nothing about the mistakes they had made.

 

I have tried on a few occasions to try and sort out a payment plan for our bills, which are increasing since this case started. Each time I am told by NPower that because there is an ongoing court case, they are unable to sort anything out.

 

I don't understand how the claim can not be CPR compliant, as it has been going for the last 8 months. I would have thought that if I had made a mistake, it would have been spotted earlier. The fact that I already had judgement against them seems to bear this out.

Regards

Link to post
Share on other sites

Not really you got a default judgment ...the particulars were never seen by a court...so once set a side and a defence submitted...none cpr compliant.

Perhaps your particulars were too in depth....If the court had to suggest a figure then your claim lacked something?

 

Take a read of the above link and statements of claim.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

It may well be that as your claim is 'too long' it is more of a rant and doesnt actually have any legal basis.

 

Remember it is very common to be treated poorly by companies, etc but that doesnt mean you are entiltled by law to compensation, you must show a legal basis for this, often it is contractual (i.e company x will supply me with y and I will pay them z per month, if they dont supply or you dont pay then there has been a breach of contract), or another possible claim is damages for loss. (i.e company x did something that caused you an actual loss or perhaps caused you stress, etc)..note damages claims rarely have a specific figure so you must try and work out a realistic one.

 

You say that you want npower to sort out the problems, however this isnt neccassarily the same as a monetary claim (which it appears youve started), there are such things as forcing 'specific performance', however it does start to get complex, IMO its best to just go for a monetary claim and hope that as a result they will then sort everything out.

 

Perhaps you could copy and paste your claim here as text or a PDf, redacting any personal details.

Link to post
Share on other sites

Hi. I think I probably did waffle a bit with the claim I sent in. However, this was because of all the problem that NPower caused us.

 

The application to have the case re-instated was only 1 page, and was more precise. I just need to know what to expect when I attend for the application hearing, and what the Judge will expect.

 

Regards

Link to post
Share on other sites

You will need to submit a good WS pre hearing in support and may be advisable to re draft the PoC.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

WS = Witness Statement pre hearing = It must be submitted not less than 7 days before.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Not a clue but you must represent your claim and show it does have merit.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...