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    • Hi again.....   You cant kinda give them a Letter Before Claim....it must be the correct format and headed same to comply with the Pre Action Protocol guidance.   It would be helpful if you could scan redact and upload a copy of this last letter/email  you sent with their response.   With regards to your last post its obvious that you dont know the process..which is understandable as most never want to get involved in this process. There is no such thing as Big Court as opposed to Small Claims Court ...should you decide to litigate you will be issuing your claim through the Small Claims Court...which can be don on line.   Have a look at MCOL and get a feel of the web portal   https://www.moneyclaim.gov.uk/web/mcol/welcome   Embarking on this action is not for everyone...but you will be surprised how simple it is without any legal knowledge.   Have a good read of the link I provided above re our other User facing the same dilemma as yourself and see how it runs step by step..in particular look at her Letter Before Claim...that will be your starting point should you wish to challenge this unfair and unjust consumer treatment.   .  
    • Might be worth a try   Lying in a hot bath at min and still struggling    On verge of ringing 111
    • Is this car park local to you?  If so, it would be good if you could go back and take photos of the signage.   The last time someone did so we discovered that Simple Simon had been so stupid as to put details of two different companies on the signs, which would make it impossible for the motorist to know which company they were entering into a contract with.   It would be useful to know if the signage is still pants.
    • No the order states quite clearly " Documents Filed 39 November 2018 must be served on the Defendant and a certificate of service filed "   Your initial defence put them to strict proof to disclose the documents you would have requested within your defence. If you have never received the documents then the claimant has not complied with the above order...and you must inform the court same.   You don't want a DQ yet as you don't want it to proceed to allocation until they comply with the above order.
    • I don't want to interfere with the way that my site team colleague is going to advise you – but in the event that there is some liability, I think it's possible to separate the old liability – up to the time of the returned payment from the more recent liability. I don't think you've told us anything about the entire sum that they are claiming. I don't think you've told us anything about the sum which you originally paid and they returned to you. In respect of the first part – the sum that they returned to you, if they are trying to recover that now, I think you could usefully look at the doctrine of estoppel.
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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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hi, I'm hoping someone can offer any advice or point me to an organization that can help.

 

The story is as follows, rightly or wrongly.

 

I sent BG a letter stating they have 28 days to object or I would commence with having my own meter installed into the property under Schedule 7 Electricity Act 1989.

 

They failed to object so I commenced, Had the meter installed August this year.

 

I provided meter serial numbers, start readings etc etc to BG.

 

Then a chap requested to inspect the meters at 9pm Monday night (10/11/14) which I let him do, he said it was unsafe and then had an engineer come and remove the meter, he said he wouldn't be putting in their meter or a pay as you go meter.

 

I called BG the next morning and they are refusing to install a payg meter untill we pay £1,400.26p.

 

They said it is a second offence, Wrongly I know I did do something before.

 

 

I have scraped together £800. But they wont budge...

 

I understand if people call me a thief, fine, fair does.... I did this with the full reading of the Electricity Act 1989 which states at schedule 7 that I could have my own meters installed.

 

Did I interpreted that act incorrectly?

 

Are there any charities that can help liaise with BG?

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http://www.legislation.gov.uk/ukpga/1989/29/schedule/7

 

Out of interest, why did you decide to have your own meter installed - was there not one already supplied by British Gas ?

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Who installed the meter you provided?

 

Also, did you read through all of the ammendments that have been made to schedule 7 of the Electricity Act 1989? There is a red warning at the top stating:

 

"There are outstanding changes not yet made by the legislation.gov.uk editorial team to Electricity Act 1989."

 

Underneath is a link to a list of all the outstanding changes.

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http://www.legislation.gov.uk/ukpga/1989/29/schedule/7

 

Out of interest, why did you decide to have your own meter installed - was there not one already supplied by British Gas ?

 

 

Simply because I didn't trust the accuracy of their meter, I think it took too much for standing charge type things, also I don't like the sound of Smart Meters....

 

There was originally a payg meter installed. But it seemed we were spending more than we would have if we would have had a contract meter installed.

 

I am and was intending to pay for electricity used, my intention was not to install the meter then refuse entry to readers or anything and hide away.

 

I let the Guy in to inspect it, because BG didn't install it they said nit may be unsafe and this was the reason for removing it.

 

They then said we owe £1000+, made up of over 2000kwh estimated, and charges of nearly £450.00 + vat for the call out and removal of meter.

 

If I had the £1000+ I would pay it, but I am scared they will take the money and then say we are not fitting a payg meter....

today will be our fourth day with no electricity, 3 kids, a partner who is classed as vulnerable with her medical problems...

 

 

Thanks in advance to everyone who replies.

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I'm not pointing fingers, but the only people that can usually install an electricity meter is either a registered energy supplier or your local distributor (e.g. Northern Powergrid, UK Power Networks). Any old electrician is not qualified nor authorised to install this equipment as, amongst other things, they can be potentially working on a live mains voltage at very high amperage (100A or more, depending on the situation with the cutout fuse).

 

You need specialist gear to do it safely. In the event of an accident, then at best the installer gets electrocuted - at worst it burns the house down with a bunch of people in it (and potentially adjoining houses down too).

 

Whilst it is true you can have your own meter installed, it needs to be an approved meter, the supplier needs to have consented to the install (they usually can't refuse this without good reason) and it needs to be installed by the right people.

 

Not to scare you, but be aware there are a bunch of laws that have been broken here! The estimated charges for your energy usage are maybe a seperate issue, but if it were me I'd be feeling very lucky that I wasn't being prosecuted for potential energy theft.

 

What are they basing their estimations on, have they explained it?

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Hi, I'm hoping someone can offer any advice or point me to an organization that can help.

 

The story is as follows, rightly or wrongly.

 

I sent BG a letter stating they have 28 days to object or I would commence with having my own meter installed into the property under Schedule 7 Electricity Act 1989.

 

They failed to object so I commenced, Had the meter installed August this year.

 

I provided meter serial numbers, start readings etc etc to BG.

 

Then a chap requested to inspect the meters at 9pm Monday night (10/11/14) which I let him do, he said it was unsafe and then had an engineer come and remove the meter, he said he wouldn't be putting in their meter or a pay as you go meter.

 

I called BG the next morning and they are refusing to install a payg meter untill we pay £1,400.26p.

 

They said it is a second offence, Wrongly I know I did do something before.

 

 

I have scraped together £800. But they wont budge...

 

I understand if people call me a thief, fine, fair does.... I did this with the full reading of the Electricity Act 1989 which states at schedule 7 that I could have my own meters installed.

 

Did I interpreted that act incorrectly?

 

Are there any charities that can help liaise with BG?

 

 

 

Who actually installed the meter you provided, before BG deemed it unsafe?

 

An electrician friend

 

I'm amazed BG didn't turn up with the police !

 

Section 13 Theft Act 1968

 

http://www.legislation.gov.uk/ukpga/1968/60/section/13

 

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/abstracting_electricity/

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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http://www.consumeractiongroup.co.uk/forum/showthread.php?436537-Are-you-disputing-your-energy-bill-with-your-supplier-What-they-won-t-tell-you

 

Have a read of the post in the link above. There might be something in that, that might help :)

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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