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    • Hello guys how are you. I have just got off the phone to the mediator. The garage who initially changed the turbo are saying that I haven't suffered a loss of £480. (Cost of labour to renew turbo) The only loss I have suffered is the £185.01 I had to pay the independent garage to repair the turbo. They said a gasket can go at any time. ( In this case almost immediately after I drove away after the repair) and that I didn't follow the complaints procedure.   Mediator says if it goes to court I have to prove a loss.   And the £185.01 is the only loss...   The initial garage said they would pay the 185.01 and my court fee, I'm not sure what to do, this is what I wanted in the first place but I've had to come here to get it.
    • https://www.independent.co.uk/news/uk/politics/labour-jeremy-corbyn-suspension-court-b1793627.html Labour attacks Jeremy Corbyn for ‘wasting time and money’ after court defeat over suspension from party "Party to seek to recover legal costs from its former leader – in new deterioration in relationship"   Hopefully Carbuncle will now just *** off. Fat chance Perhaps the Labour party should just take a leaf from Corbyns own book and deselect him and force a by-election?
    • Piers aint that bad (recently amended opinion)  
    • It looks as if you have been completely ripped off. I'm sorry about that but frankly I don't think there is much you can do – and believe me, it is not often that I say that on this forum. I think it's fairly clear that there has been a deception here and although it won't help massively, I would suggest that you report the crime to the police. They will try to say that is a civil matter and you will have to stick to your guns and say that no there's been a deception, that this man is selling cars in an unroadworthy condition and probably he is committing tax fraud offences as well. I'm afraid that there doesn't even evidence that you have the correct name. It seems entirely possible that such a person simply doesn't exist. I don't see any point in beginning a legal action because if you don't even have the correct name for this dealer, then a judgement recorded against his credit file will make absently no difference at all and you will simply incur the costs of bringing the claim. I doubt very much whether he would bother to respond to a claim or to put in a defence. If he did put in a defence then if you wanted to move on to the hearing stage you would have to pay another fee and this would simply put you even more out of pocket – probably to the tune of about £250 or so – and as it seems very unlikely that you could ever enforce the judgement, you would never get any of this money back. I'm sure you feel very bad and very upset. The only other thing you should do is start going around the review sites and putting up negative reviews about this person and his business – and business names. At least it will put other people on guard and you never know, you might stumble across other people who know more about him and actually know who he is. If you do decide to inform the police then you should tell the police that he is trading under a false name. In terms of your car, I'm afraid that the only way I can suggest to cut your losses is to have the work done. It means that you are £1000 down on the deal – but at least you will have a driving car. However, before doing that I would have the car thoroughly checked over to make sure that there aren't any other defects which are about to materialise which might eventually make the car is simply not economical to repair. You said that there was an MOT certificate in the glove box. Is it a recent MOT certificate? Are you able to speak with the previous owner at all?  Cagger @Daniel Hanson who has also bought a vehicle from the same person may be able to help you in this respect. It seems that he has been lucky enough not to have any problem so far with the car that he bought. I think at the very least, the lessons to be drawn from this are: Don't purchase a used car – or any car from a dealer who is far away from you make sure you check the car yourself make sure that the dealer is well established and do some research on forums and review sites for negative reviews and positive reviews. However, be suspicious of positive reviews. Don't pay cash/bank transfer. You lose all control of your money. Insist on paying by credit card or debit card and if the dealer won't accept it then walk away. Ignore warranties. They are meaningless and they are simply a red herring intended to distract you from your statutory rights. However, as you are discovering, even your statutory rights are meaningless if you are unable to identify the dealer and if you are able to identify any assets belonging to the dealer against which you could enforce judgement. Please do let us know how this develops and if you are able to track anybody down. As I say, I think you should certainly inform the police – but it will be a hard job to get them to take notice because they will simply try to say that it's a civil matter and there is no evidence of a crime. You will have to push hard.
    • That is one mean spirited individual, looks like what a Dickensian female Workhouse Beadle would look like.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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how did npower fail you  

23 Caggers have voted

  1. 1. how did npower fail you

    • wrongful entries to credit file
    • harassment by debt collection agencies
    • no bill
    • direct debits not collected
    • no contract


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Hello :-) Sorry for late replies here.

npower - instructions for legal preparation.pdf

 

it's at the bottom of the list. I have a solicitor lined up for the end of November

- he's been off work for personal reasons but is back at work now catching up,

so will be talking further then.

 

 

Meanwhile, I'm asking people to get all their paperwork together in a folder in preparation.

 

The more of us teaming up, the more clout we will have.

 

Regards Paul

 

sorry to disagree,

 

 

but the more of you who team up, the less clout you will have.

 

 

The time, expense, logistics, complication it will take

– as well as the energy and effort to round everybody up,

to communicate with everybody to instruct lawyers,

to get permission to run a group action will all take time

and will exhaust you all.

 

 

Not only that, it is much easier for Npower and much more economical for them to concentrate their resources on a single large claim

then with dealing with a whole scatter of the small claims on various issues even though some of them are overlapping.

 

 

If you score even just two or three victories, you will have the basis for a good complaint to the ombudsman and also to the press.

 

I'm a bit aghast as to what is going on in this thread because I see at least five people with (on the face of it) very interesting claims and yet there is no action, nobody has even begun the process. It is all talk.

 

I think that the contributors to this thread ought to get themselves into gear, start up new threads

– make sure that the word Npower appears in the title each time

– and then go through the entire story so that we can all start seeing what is going on,

and helping out with the best advice that we can

with a view to starting a small claim.

 

 

It shouldn't be very difficult to get a claim under way in any one of these matters within the next couple of weeks.

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I tried to take N Power to Court and I had an appalling time.

 

 

The judge actually said "I don't know much about how these electricity bills work".

 

 

N Power sent a Barrister to the Court.

 

 

The Judge had not looked at my Particulars of Claim at all.

 

 

N Power only had the Ombudsman's letter as their defence.

 

 

He only looked at the Ombudsmans letter telling me that they thought N Power were in the right and dismissed my claim.

 

 

I even had a photo of the meter and the correct readings.

 

 

Not enough evidence!?

 

 

N Power didn't get costs though.

 

 

Judge told me I would have to wait until they took me to Court for the money and then defend.

 

 

I could not afford a solicitor as Legal Aid will not cover this sort of claim.

 

 

Up the creek so to speak there.

 

 

I sat in the car and cried for an hour.

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I tried to take N Power to Court and I had an appalling time. The judge actually said "I don't know much about how these electricity bills work". N Power sent a Barrister to the Court. The Judge had not looked at my Particulars of Claim at all. N Power only had the Ombudsman's letter as their defence. He only looked at the Ombudsmans letter telling me that they thought N Power were in the right and dismissed my claim. I even had a photo of the meter and the correct readings. Not enough evidence!? N Power didn't get costs though. Judge told me I would have to wait until they took me to Court for the money and then defend. I could not afford a solicitor as Legal Aid will not cover this sort of claim. Up the creek so to speak there. I sat in the car and cried for an hour.

 

Very sorry about this. Is there a thread about it? Have there been any developments since? Did you get help from us?

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Agree that it is principles at stake here. Personally and financially for me it would make more sense to write off Npowers debt to our household. However, we need to stand up for the people who cannot and would be sent into fuel poverty by this shocking ineptitude/deceit.

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Sorry but the site team contributions to this thread are appalling and ill-informed. Both of you are giving erroneous advice with no legal basis. This forum is apparently not working in the interests of consumers (do you guys work for Npower or something!??)

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urm..says the guy with 10 posts that is trying to entice people to join his 'big-wing' theory.

 

 

there is little evidence over the years here that any class action actually works.

 

 

better to do it individually as advise by BF.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Do your homework.

 

 

if you actually read this thread properly you might have noticed that I did not start it.

 

 

However, I'm signing off this outdated forum which seems to be run for the benefit of the site team and not consumers.

 

Anyone who actually wants something done [removed] which is already followed by NPower so they are worried and the telegraph.

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don't slam the door please

 

 

for all the users here know you could be a no win no fee fleecer

after money and then run away.

 

 

and we've seen this many times

 

 

regards

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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There is nothing wrong with following either action. However it is best for everyone involved to make a fully informed decision as to which path to follow.

To make an informed decision both worst and best case scenario's of each action should be aired.

Dont let the parasite dca's prosper

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Hi

I've just seen your post regarding npower and you sound as fed up with them as I feel. I've disputed my bills since March 2009 and they still haven't answered any of the questions I've asked them. I am sick of being fobbed off by them so if you are interested in me joining you to take them to court I will gladly join you and hopefully get some answers. Lyndsey

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Hi

I've just seen your post regarding npower and you sound as fed up with them as I feel. I've disputed my bills since March 2009 and they still haven't answered any of the questions I've asked them. I am sick of being fobbed off by them so if you are interested in me joining you to take them to court I will gladly join you and hopefully get some answers. Lyndsey

 

If you would like to start your own thread and tell us the whole story we may be able to help you take this forward

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I could be interested in a class action.

I had my meter capped about 7 years ago and was told that there would be no more bills and there were non at first,then about 4 years ago a bill arrived.arrived. Npower were contacted and the bill cancelled.

I have just received a bill back dated about 18 months all estimated(no gas used as meter capped) for £700.Npower would not talk to me as it was in my ex's name,so have had to put my name to the bill against my better judgement.The guy on the phone said we should have been paying a standing meter charge for all those years,but have never been billed,even though when the meter was capped we were told there would be no bill.I would have had it taken out if there was a standing charge.

I can see this is going to be a nightmare and I'm extremely worried about my credit rating as a run a small business registered at my home address.The stress it all generates is so unnecessary.

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I could be interested in a class action.

I had my meter capped about 7 years ago and was told that there would be no more bills and there were non at first,then about 4 years ago a bill arrived.arrived. Npower were contacted and the bill cancelled.

I have just received a bill back dated about 18 months all estimated(no gas used as meter capped) for £700.Npower would not talk to me as it was in my ex's name,so have had to put my name to the bill against my better judgement.The guy on the phone said we should have been paying a standing meter charge for all those years,but have never been billed,even though when the meter was capped we were told there would be no bill.I would have had it taken out if there was a standing charge.

I can see this is going to be a nightmare and I'm extremely worried about my credit rating as a run a small business registered at my home address.The stress it all generates is so unnecessary.

There is no point and no possibility of taking a group action in this matter. I know that there is a Facebook page which apparently is trying to rally people to bring an action together.

 

This is a great idea but it never works. We have seen lots of Facebook groups start up to bring collective actions against all sorts of companies but in the end the group stagnates and people's anger and energy dissipates. Bringing a collective action needs a unity of purpose and also a similar cause of action – and this is not the case here. People have many complaints against Npower and they all seem to be rather different from each other which means that they are different issues. To bring a group action you need to have a single issue which can be litigated on behalf of everybody so that the judgement applies to all.

 

Group actions in the United Kingdom are not at all the same as class actions in the United States – which are far easier to bring and far more effective.

 

The only time that is worth considering a collective action in the United Kingdom is where there are very large sums of money at stake. Actions against npower or any other company for a few hundred quid time are impossible.

 

You should also realise that if you litigate on your own, you have access to the small claim system and all the benefits of the lack of risk of costs in the event that you lose. If you try to bring a group action, you will have to instruct lawyers and there will be money needed or else there will be agreements put in place to pay money in the event of a win. In the event of a loss, the costs of the winning side will have to be collected from all of the losers.

 

We have already been helping user Plucked Chick http://www.consumeractiongroup.co.uk/forum/showthread.php?377214-N-Power-being-thick and we have made remarkable progress in the whole matter in only three or four days. Over the weekend her thread will be updated and you will be able to see the a solution and a victory against npower is well in sight. This would not have been possible with a group action.

 

If you want to challenge npower then I suggest that you start your own new thread on the forum. Tell us your whole story carefully and chronologically and we will see what we can do to help you. From the brief outline that you have posted so far it doesn't seem to me that the issues are too difficult or that the solution is too complicated.

 

It's up to you.

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Hi,

 

I would listen to the advice that Bank Fodder has given you. We are making progress and the help and advice I have been given has moved me forward more in three days than it has in three years. It is stressful but once you start making progress it eases as you feel you are not alone in this struggle against one of "The Big Six" as they like to be called. Take care, good luck.

 

PC

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Hi I have had a similar issue:

My story is on par with the report in the Telegraph below:

I have been dealing with npower for over 18 months now in an attempt to resolve the continuous incorrect billing of my account.

 

Countless letters, emails phone calls. I too had a call-back from the executive team - they have had and appear to continue to have horrendous problems with their billing system and until this is resolved they are just papering over the cracks.

 

I have set aside considerable time to try and resolve my problem and the final straw was to receive another bill after 13 times being told that there was no money owed and in fact the account was in credit which they were contractually obliged to pay back to me.

 

Then the 14th bill arrived...and I had had enough...I started court proceedings to recover my expenses/lost earnings culminating in a Bailiff being sent to npower offices - only then did I hear back from them. They then submitted evidence that showed 13 instances of invoices being reversed this is now the 14th time I have had to request this! 14 re-bills in 18 months and still not right - that is horrendous.

 

However even now after legal proceedings, contacting the ombudsman and an email to the executive team - I get no response, my emails go unanswered, executive team promise to call me back but no-one does. I suspect that the only recourse now is the media. I have contacted Watchdog and the Telegraph today and I suspect if enough of us got together we could make a difference. Every post you look at turns into a tirade of complaints about bills, customer service etc.

 

I also believe all these cases would be especially pertinent given the Ombudsman’s formal investigation into customer complaints at Npower more especially given the comments by the CEO Paul Massara that “no customer would be left out of pocket” as a result of billing failures

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Please can you tell us more about the court proceedings - but in a new thread please

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Hello, I have a solicitor lined up for further discussion on this - whilst it would be good for everyone to take individual action, I suspect that few people are confident enough do do it themselves - dealing with an N1 form etc can be off putting and of course it takes time and effort. I am fortunate in that I have been to small claims court many times. A class/group action makes it easier for people to do things. What I would say to everyone with an npower problem is to issue a small claim because the authorities in my experience have been a complete waste of time - I have sent all my evidence to the ICO, Energy ombudsman, financial ombudsman and they have done a big NOTHING. Several people have successfully sued npower (the "My npower nightmare" group on Facebook has a download files section with numerous articles there showing this), but it needs something bigger in a proper court to get attention - small claims are a bit hit and miss and do not exercise due legal process as a proper court would. I doubt a small claims court judge wouldl have the time to properly explore all the wrongful doings of npower of which there are a multitude.hence a group action is needed.

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If anyone has already made progress towards a group action against npower, count me in :-) Alternatively please join me in my pursuit of this - I am talking to a solicitor at end of month when his case load has thinned out. Have spoken to him before and I believe he is the right man for the job. Regards Paul

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Hello, I have a solicitor lined up for further discussion on this - whilst it would be good for everyone to take individual action, I suspect that few people are confident enough do do it themselves - dealing with an N1 form etc can be off putting and of course it takes time and effort. I am fortunate in that I have been to small claims court many times. A class/group action makes it easier for people to do things. What I would say to everyone with an npower problem is to issue a small claim because the authorities in my experience have been a complete waste of time - I have sent all my evidence to the ICO, Energy ombudsman, financial ombudsman and they have done a big NOTHING. Several people have successfully sued npower (the "My npower nightmare" group on Facebook has a download files section with numerous articles there showing this), but it needs something bigger in a proper court to get attention - small claims are a bit hit and miss and do not exercise due legal process as a proper court would. I doubt a small claims court judge wouldl have the time to properly explore all the wrongful doings of npower of which there are a multitude.hence a group action is needed.

 

 

I notice that you say that several people have already brought their own actions and have won. That is excellent news - and that is the only way to get things done.

If those people would like to come here and describe their successful actions then they will be very welcome and it will encourage others. In the meantime a Facebook group to start a class action will not work and will merely dilute people's energy and anger. I am very sorry to say this but it is the truth.

 

Tell us all about your action on a new thread. People would appreciate very much if you would share it with us.

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Good to have such a positive outlook - do you speak from experience of having been through a group action before?

 

We both full know that I haven't been through one but I do speak with the experience of having seen many groups try to get one going and eventually running out of steam.

 

I'm really not at all here to trade or score points with you. Start a group action if you want. I wish the best of luck and I really do mean that. However, I don't expect that a group action against Npower will ever get off the ground as much as I would like to be wrong.

 

 

Please do start a separate thread and share your litigation success with others. It would help a lot of people.

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