@npowerhelp nPower - Mismanaged account, County Court claim issued aganst Npower

[BankFodder]

Ok i understand.....

 

I see where you're coming from too having read numerous other stories etc from other people....

 

I'm still going to make one or two enquiries around a CA though..... can't hurt to have a bit of a dig.

This will have two negative effects.

 

Number one you will wear yourself out

 

Number two you will invest people with false hope and exhaust their anger and their motivation.

 

Don't do it

[Mat-H]

OK i hear ya....

[Eversir]

Npower's Defence:

 

 

1. It is denied that the Defendant is in breach of contract.

 

2. It is denied that the Defendant is in breach of the Data Protection Act 1998.

 

3. It is denied that that Claimant to seek to recover compensation under the Data Protection Act 1998, Section 13 (1) or (2). The Defendant requires the Claimant to prove that she has suffered damage amounting to £2850.00.

 

4. The Data Protection Act 1998, Section 13 requires a Claimant to have suffered damage due to a contravention by the data controller. It is denied that the any alleged breach by the data controller has lead to any damage being suffered by the Claimant. The Claimant is required to explain in detail the nature and extent of the alleged damage, as required in paragraph 3 above.

 

5. It is denied that there has been any maladministration of the Claimant's account by the Defendant. The Claimant is required to explain in detail how the alleged maladministration of her account founds a cause of action to recover £100.00.

 

6. It is denied that the Claimant can recover costs for 20 hours of her time, postage, printing and stationary. The Defendant requires the Claimant to explain upon what legal basis she can seek relief in the sum of £50.00.

 

7. The Claimant has received a supply of gas an electricity at two separate properties. The first property [previous address] was held on account numbers [a] and .

 

8. The Claimant moved to the second property in or around January 2013 at [current address]. The account number was [c]. The Claimant then transferred her supply to a new provider.

 

9. At the time of the transfer account [c] had unpaid charges against it of £437.87. Those charges remain to be paid to the Defendant.

 

10. The Defendant reserves the right to amend this defence to include a counterclaim.

 

11. In the circumstances, it is denied that the Claimant has a cause of action, or a right to the relief claimed or any relief howsoever claimed.

 

All in all, a very bland denial which doesn't actually address, or attempt to address, the particulars of claim.

 

Courtesy of the paralegal Kenneth Radley Davies.

 

[ATTACH=CONFIG]56922[/ATTACH][ATTACH=CONFIG]56921[/ATTACH][ATTACH=CONFIG]56920[/ATTACH]

[Eversir]

Letter to Radley Davies, requesting Npower provide a better defence:

 

[ATTACH=CONFIG]57108[/ATTACH]

Response from Radley Davies, refusing to provide a better defence:

 

[ATTACH=CONFIG]57107[/ATTACH]

 

Our application to have Npower provide a better defence, or else it be struck out:

 

[ATTACH=CONFIG]57109[/ATTACH]

 

Npower's application to amend their defence to include a counterclaim:

 

[ATTACH=CONFIG]57112[/ATTACH]

 

It would appear Npower believe their only duty is the net supply of energy. Npower denies that it is contractually obliged to manage it's customer's energy contracts with reasonable care and skill:

Paragraph 3 is denied. The Claimant is required to prove that there is a term, whether implied or stated, that the Defendant will administer the Claimant's account with reasonable care and skill.

 

Npower also makes the astounding claim that the complaints process does not form part of it's supply contract with consumers:

 

Paragraph 5 is denied in so far as the complaints process does not form part of the supply contract with the Claimant. The Defendant requires the Claimant to prove that the Defendant failed to abide by its published complaints procedure, and to explain in detail how this allegation provides a foundation for a cause of action.

 

Npower denies that it's own written policy / charter for treating it's customers fairly form any part of a contract with consumers:

 

Paragraph 7 is denied in that the published article “Treating customers fairly – putting you first” does not form part of a contract with the Claimant. The Defendant requires the Claimant to explain in detail the basis upon which the document forms part of the contract and the extra consideration provided by the Claimant to make it part of the contractual terms.

 

Npower deny that a consumer is entitled to have their energy accounts correctly managed. Npower deny that a consumer is entitled to enjoy peaceful and untroubled use of energy.

 

The claimant was entitled to have her energy account correctly managed and to enjoy peaceful and untroubled use of the contracted energy supply.

 

Paragraph 14 is denied. The terms of supply contract require the Claimant to make payment of the gas and electricity supplied to her premises. Where the Claimant is breach of that term the Defendant is entitled to seek to recover the debt by all lawful means.

[citizenB]

 

Hard to believe there are so many walking amongst us !

[Eversir]

Defence to Npower's Counterclaim:

 

[ATTACH=CONFIG]57183[/ATTACH]

[Eversir]

Npower have now requested to have their own Counterclaim struck-out as they admit they have no right to pursue a Counterclaim:

 

[ATTACH=CONFIG]57243[/ATTACH]

[citizenB]

[Eversir]

Also:

 

Credit report now shows Npower as "settled" and with a zero balance - although they have not corrected the previous, incorrect entries.

[batman1956]

Is that sh1t I can smell hitting the fan.

[BankFodder]

Is thay sh1t I can smell hitting the fan.

No, it smells much sweeter than that!

[BankFodder]

Also:

 

Credit report now shows Npower as "settled" and with a zero balance - although they have not corrected the previous, incorrect entries.

The entries should be deleted altogether. Looks like a further DPA breach. Yummy.

[L1882]

Reading this I'm wondering just what road I've started down - feels like it may be akin to the one Alice took down to wonderland!

[Eversir]

A somewhat watery response from the Information Commissioner's Office:

 

[ATTACH=CONFIG]57335[/ATTACH]

 

So much for their motto of "Upholding information rights".

[BankFodder]

Yes. This s the kind of diplomatic speke which the ICO and the FOS use in order not to annoy their industry cronies - although they aren't too bothered about their duty to the citizens they are meant to be protecting.

However, it will be a very helpful letter in court because it confirms that on the balance of probably, Npower have breached their duty - so it amounts to a further fail for Npower

[Eversir]

Letter sent to Npower 28th April 2015:

 

 

Dear Mr Radley-Davies,

Re: Claim XXXXXXXX

 

 

I have received notice of your application to withdraw your Counterclaim.

 

I have informed the Court I have no objection to this.

 

However, I have drawn to the attention of the Court the reckless way in which you are prepared to sign statements of truth and the trouble which you have caused to both myself and the Court, much to the embarrassment to your employers.

 

I strongly suggest that you take this opportunity to have a hard look at all the files and correspondence which have been produced as a result of this dispute, since 2010, before you go on to embarrass yourself any further.

 

 

 

 

Yours sincerely,

 

 

[Eversir]

Response from Ofgem:

 

 

Thank you for your letter of 15th April 2015.

 

I am concerned to read of the problems you have experiences with npower. I would urge you to draw this matter to their attention and would expect the company to respond in accordance with the complaints handling standards.

 

You may be aware that Ofgem does not have a direct role in investigating or resolving individual consumer complaints. All energy companies are subject to strict complaints handling standards which are backed up by an independent Ombudsman (Ombudsman Services - Energy). If your complaint is not resolved within eight weeks - or sooner if npower says it can do no more you can ask the Ombudsman to investigate your complaint. The Ombudsman has a range of remedies at its disposal including the award of compensation, its decisions are binding on the company but not on the customer.

 

Should you require advice, you may wish to contact Citizens Advice consumer service. The Citizens Advice consumer service provides free, confidential and impartial advice on consumer issues. For further information please visit their website www.adviceguide.org.uk or call the Citizens Advice consumer helpline on 03454 040506. You can write to them at the following address: Citizens Advice consumer service, Post Point 24, Town Hall, Walliscote Grove Road, Weston super Mare, North Somerset, BS23 1UJ.

 

You may also be interested in the attached information on Ofgem's website regarding our Standards of Conduct that all suppliers must comply with to ensure that they treat customers fairly.

 

https://www.ofgem.gov.uk/simpler-clearer-fairer/fairer-treatment

 

https://www.ofgem.gov.uk/publications-and-updates/new-standards-conduct-suppliers-domestic-consumers

 

I would be grateful if you could please provide me with any copies of correspondence that you have received from npower confirming the information and advice that you have referred to in your letter and also your permission to forward this information to npower. You may also be interest in our current investigation into npower and their Standards of Conduct and I attach a link to our website for further information.

 

https://www.ofgem.gov.uk/publications-and-updates/investigation-npower%E2%80%99s-compliance-standards-conduct-standard-licence-condition-25c-standard-licence-condition-27-provision-final-bills-and-gas-and-electricity-consumer-complaints-handling-standards-regulations-2008

 

Whilst Ofgem does not have a direct role in handling individual disputes, we do have a role in enforcing consumer protection legislation. I have therefore retained a copy of your letter for our files for market monitoring purposes.

 

Yours sincerely,

 

 

[ATTACH=CONFIG]57453[/ATTACH]

[citizenB]

I am concerned to read of the problems you have experiences with npower. I would urge you to draw this matter to their attention and would expect the company to respond in accordance with the complaints handling standards.

 

 

Bit too late with this bit of advice aren't they?

 

What a rubbish response from Ofgem ?

[BankFodder]

But at least it is a pretty clear confirmation from ofgem that npower are bound to follow complaints procedures and standards.

 

Amazingly Npower have said in their defence – signed as a statement of truth – that they are not bound by these rules!

 

Npower are idiots

[ajs444]

Loving this thread, Energy Ombudsman usual response, about as much good as a chocolate fireguard.

 

GO GET THEM!!!

[Mike_hawk]

Eversir.......... could you post the initials of the respondent at Ofgem please

[Eversir]

[Now removed]

 

Same person for you?

[Mike_hawk]

Nope, PM'd you with some details

[Eversir]

Loving this thread, Energy Ombudsman usual response, about as much good as a chocolate fireguard.

 

GO GET THEM!!!

 

Perhaps, although they do seem keen to obtain more information.

[BankFodder]

If people stooped complaining to the energy ombudsman but instead obtained judgments in the county court and sent them to Ofgem, then the regulator would have to start taking notice.