@npowerhelp Npower / Wilkin chapman solicitors CCJ

[havinastella]

Eversir's thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?436401-nPower-Mismanaged-account-County-Court-claim-issued-aganst-Npower

[Eversir]

Post #107

[abzaa1]

Yes thanks I've read Eversir very helpful posts. And yes i will mention all of the above to the MP and hopefully he should do something. I could of course go to the press with this but its the CCJ thats really bothering me at the moment as I rely on my credit worthiness for my business and its having an impact. I will post the claim form now with my name blanked out.

[abzaa1]

[ATTACH=CONFIG]58237[/ATTACH][ATTACH=CONFIG]58236[/ATTACH]

Edited June 29, 2015 by abzaa1
visible

[BankFodder]

OK. Thanks.

 

I think that in the N244, you should put that you are seeking an order that the judgement dated XXX should be set aside and that you should be given leave to file a defence, but that the date for filing the defence should exceptionally be seven weeks to give npower time to make their statutory disclosure in respect to your Data Protection Act request and a further week to consider the contents of that statutory disclosure.

This request is made on the grounds that you did not receive the claim as they were served to the wrong address and in any event you do not owe the money as you have had no contract with npower.

 

Then when it asks you to put what you are relying upon, tell them that you will be relying upon the attached statement.

Explain that:

 

• you have never had a supply contract with npower in respect of this address.
  
• You have never been a resident at that address
  
• that address was tenanted and npower's contract would have been with the tenants in occupation at the time
  
• you did not receive the claim form and say you had no knowledge of the claim and so you could not have responded
  
• you have acted promptly as soon as you discovered the existence of the claim
  
• you have not been served with any of the papers relating to the matter
  
• you have discussed this with the solicitors of npower and they have (agreed/refused) to consent to your set-aside application
  
• you have served npower with a statutory request for disclosure under the Data Protection Act which gives npower 40 days to respond. You need a full seven days after that date in order to consider any further information that is revealed in the disclosure.
  
• You believe that you have a defence against the claim in any event, but an opportunity to see the statutory disclosure would allow you to give a fuller response and eventually to save time and trouble to both parties and particularly to the court.
  

 

 

Contact the solicitors tomorrow. Do this on the telephone. If possible, record the call – as you should do with all calls with any business – try to have a nice polite and friendly conversation with the solicitor dealing with the matter.

 

Explain to them that you never receive the papers because it was sent to the wrong address. Explain to them also that you have never been in residence there and you have had no supply contract and that you will be applying for set-aside on that basis.

 

Ask them if they will help you save time and trouble by consenting to the set-aside. If they say no, then simply express disappointment and asked them if they will confirm that in writing.

 

If they say yes, then thank them and asked them whether they confirm that in writing because you will inform the court.

[BankFodder]

I hope that you have already sent off the SAR.

 

I doubt whether the judge will grant you the extension you ask for - but you may as well try.

I do expect that you will get your setaside.

 

Once you apply for it, send a copy to the solicitors and ask them to write to you and confirm that they are putting further action on hold until the outcome of the application.

 

The are a professional firm and so hopefully they will act more maturely than Npower's in-house legal help who frankly is a bit childish

[abzaa1]

OK. Thanks.

 

I think that in the N244, you should put that you are seeking an order that the judgement dated XXX should be set aside and that you should be given leave to file a defence, but that the date for filing the defence should exceptionally be seven weeks to give npower time to make their statutory disclosure in respect to your Data Protection Act request and a further week to consider the contents of that statutory disclosure.

This request is made on the grounds that you did not receive the claim as they were served to the wrong address and in any event you do not owe the money as you have had no contract with npower.

 

Then when it asks you to put what you are relying upon, tell them that you will be relying upon the attached statement.

Explain that:

 

 

• you have never had a supply contract with npower in respect of this address.
  
• You have never been a resident at that address
  
• that address was tenanted and npower's contract would have been with the tenants in occupation at the time
  
• you did not receive the claim form and say you had no knowledge of the claim and so you could not have responded
  
• you have acted promptly as soon as you discovered the existence of the claim
  
• you have not been served with any of the papers relating to the matter
  
• you have discussed this with the solicitors of npower and they have (agreed/refused) to consent to your set-aside application
  
• you have served npower with a statutory request for disclosure under the Data Protection Act which gives npower 40 days to respond. You need a full seven days after that date in order to consider any further information that is revealed in the disclosure.
  
• You believe that you have a defence against the claim in any event, but an opportunity to see the statutory disclosure would allow you to give a fuller response and eventually to save time and trouble to both parties and particularly to the court.
  

 

 

 

Contact the solicitors tomorrow. Do this on the telephone. If possible, record the call – as you should do with all calls with any business – try to have a nice polite and friendly conversation with the solicitor dealing with the matter.

 

Explain to them that you never receive the papers because it was sent to the wrong address. Explain to them also that you have never been in residence there and you have had no supply contract and that you will be applying for set-aside on that basis.

 

Ask them if they will help you save time and trouble by consenting to the set-aside. If they say no, then simply express disappointment and asked them if they will confirm that in writing.

 

If they say yes, then thank them and asked them whether they confirm that in writing because you will inform the court.

 

Thank you. I already tried to phone them many times over the last 12 months. They dont answer my calls and we just email or write letters. I will contact them by email but they wont agree to setting aside judgment. What about their point on a deemed contract, isnt a deemed contract a deemed contract whether residential or business premises?

[abzaa1]

I hope that you have already sent off the SAR.

 

I doubt whether the judge will grant you the extension you ask for - but you may as well try.

I do expect that you will get your setaside.

 

Once you apply for it, send a copy to the solicitors and ask them to write to you and confirm that they are putting further action on hold until the outcome of the application.

 

The are a professional firm and so hopefully they will act more maturely than Npower's in-house legal help who frankly is a bit childish

 

yes the SAR is in the post tonight so i will now get on with the Set Aside, form 244

[havinastella]

Docs unapproved.

[BankFodder]

In your email, tell them that you have tried to call them about this but you are not being put through.

Put everything I have said in the email.

Ask them to reply in 24 hours because otherwise you will have to go ahead with the application anyway.

Even if they refuse, it is important hat you lay down a paper trail so that you can show the court how reasonable you have been all the way.

 

Why should there be a deemed contract with you if you weren't being supplied with energy?

 

 

I forgot, ask the court also that if there is to be hearing that execution is stayed until the result of your application.

[abzaa1]

Docs unapproved.

sorry what does that mean?

[abzaa1]

OK. Thanks.

 

I think that in the N244, you should put that you are seeking an order that the judgement dated XXX should be set aside and that you should be given leave to file a defence, but that the date for filing the defence should exceptionally be seven weeks to give npower time to make their statutory disclosure in respect to your Data Protection Act request and a further week to consider the contents of that statutory disclosure.

This request is made on the grounds that you did not receive the claim as they were served to the wrong address and in any event you do not owe the money as you have had no contract with npower.

 

Then when it asks you to put what you are relying upon, tell them that you will be relying upon the attached statement.

Explain that:

 

 

• you have never had a supply contract with npower in respect of this address.
  
• You have never been a resident at that address
  
• that address was tenanted and npower's contract would have been with the tenants in occupation at the time
  
• you did not receive the claim form and say you had no knowledge of the claim and so you could not have responded
  
• you have acted promptly as soon as you discovered the existence of the claim
  
• you have not been served with any of the papers relating to the matter
  
• you have discussed this with the solicitors of npower and they have (agreed/refused) to consent to your set-aside application
  
• you have served npower with a statutory request for disclosure under the Data Protection Act which gives npower 40 days to respond. You need a full seven days after that date in order to consider any further information that is revealed in the disclosure.
  
• You believe that you have a defence against the claim in any event, but an opportunity to see the statutory disclosure would allow you to give a fuller response and eventually to save time and trouble to both parties and particularly to the court.
  

 

 

 

Contact the solicitors tomorrow. Do this on the telephone. If possible, record the call – as you should do with all calls with any business – try to have a nice polite and friendly conversation with the solicitor dealing with the matter.

 

Explain to them that you never receive the papers because it was sent to the wrong address. Explain to them also that you have never been in residence there and you have had no supply contract and that you will be applying for set-aside on that basis.

 

Ask them if they will help you save time and trouble by consenting to the set-aside. If they say no, then simply express disappointment and asked them if they will confirm that in writing.

 

If they say yes, then thank them and asked them whether they confirm that in writing because you will inform the court.

 

I'm just wondering as I write this statement into my N244, shouldn't I, even give a brief mention to issues with this case as I've been writing to solicitors and Npower about glaring mistakes such as inaccurate and estimated bills, bills given too late and backbilling, failure to give terms for a fixed contract to any occupier, wrongfully obtained warrant and wrongful removal of the gas meter, VAT at 20% on some bills, readings mixed up on the meters..etc etc..

 

Shall I leave all this out for now? not even a mention?

[BankFodder]

You could mention it if you want - but I see value in keeping it all short for the mo.

After all, if you were never in a contract with them - then why is their billing etc of any concern to you?

 

A lot of that stuff can be included in a properly drafted defence. All you are doing at the mo is to get the setaside so that you can file a defence

[batman1956]

Docs unapproved could mean that there is personal information which should be removed before posting.

[abzaa1]

Very productive meeting with local mp's office today. Hoping to get letter out to Npower head offices soon. Also passed on cag points about Npower' treatment of customers. Will keep you posted. Not sent off the set aside just yet as.

[Eversir]

What was the general consensus from your MP re: Npower?

[abzaa1]

What was the general consensus from your MP re: Npower?

It is ongoing. In the first instance they will write me a letter to help set aside the judgement and then also write to Heads of Npower. It is quite possible that my action and many others are brought by the Solicitors and management higher up on Npower are not aware of what is happening. They need to be made aware of the actions of their staff asap.

 

I have passed the points made earlier about hundreds of consumers suffering due to Npowers behaviour and over billing.

I think it would be helpful if CAG write to

 

David Nuttal mp

Address: 15 St Mary's Pl, Bury, Lancashire BL9 0DZ

Phone:0161 797 5007

 

It will help the ball rolling straight away so his office have a point of contact and more information to pass to Npower. I am writing a letter now detailing all my complaints and as a constituent this will be put before Npower.

[BankFodder]

We will write immediately.

 

Well done

[BankFodder]

It is ongoing. In the first instance they will write me a letter to help set aside the judgement and then also write to Heads of Npower. It is quite possible that my action and many others are brought by the Solicitors and management higher up on Npower are not aware of what is happening. They need to be made aware of the actions of their staff asap.

 

I have passed the points made earlier about hundreds of consumers suffering due to Npowers behaviour and over billing.

I think it would be helpful if CAG write to

 

David Nuttal mp

Address: 15 St Mary's Pl, Bury, Lancashire BL9 0DZ

Phone:0161 797 5007

 

It will help the ball rolling straight away so his office have a point of contact and more information to pass to Npower. I am writing a letter now detailing all my complaints and as a constituent this will be put before Npower.

 

I quite agree that it is very unlikely that the senior management of Npower are at all aware of the problems and of the way their legal department are dealing.

I have never seen such cavalier and brutalistic treatment of customers involved in the court process and in way which seems calculated merely to defy them regardless of the truth of the matter and regardless of the interests of justice.

[Eversir]

One can only hope.

[abzaa1]

So posted the form n244 on Thurs and now waiting ...how long before the judgement is taken off. I'm still waiting to hear back from Wilkin Chapman. They say they have reverted to their client Npower but I wonder if Npower have written off the debt and Wilkins are chasing debt on behalf of BCW? The invoices sent to me have BCW as a reference.

[abzaa1]

I have received a reply from Wilkin Chapman stating that they consent to have the order set aside. I quote:

"In view of your promptness in contacting us following judgment, we can confirm that we will consent to your application to have judgment set aside. May we suggest that you attach a copy of this email to your application, and ask that the Court deal with the application without the need for hearing to expedite the proceedings. Please invite the court to give directions as follows:

- - Claimant to serve the Particulars of Claim on the Defendant within 14 days of service of Court Order;

Defendant to file a defence within 14 days of service of the Particulars of Claim;

- Court to give directions as to the filing of Directions Questionnaires thereafter.

 

If you do not make your application within the next 7 days, we will continue with enforcement action for recovery.

I have already sent of the n244 asking for a hearing with a district judge. I will attach this email to the court email address now.

[BankFodder]

This is good news. You see what happens when you deal with a firm of professionals who are not within Npower. Immediately you get proper professional conduct – and not the thuggish treatment which was received by Eversir, for example.

 

I suggest that you write to the solicitors immediately with a nice note thanking them for being so helpful.

 

Tell them that in fact you have already made the application because you had tried to contact them very often over the telephone but without any success and had given up hope of succeeding.

 

Attach a copy of your application so that they can see it.

 

Point out them that you have in fact asked for a longer time to file the defence because you have sent their client and SAR.

 

Tell them that you have sent their email of to the court anyway to be joined to the application and that the judge will see exactly the basis upon which they have consented and no doubt will make a decision.

 

Ask the solicitors whether in the meantime, they might contact their client and asked them to expedite the SAR. Tell the solicitors but unfortunately their client seems to have a reputation for causing serious delays in satisfying the statutory requests.

 

Tell the solicitors that it would be very helpful and you would appreciate if they could point out their client that they have been sent and SAR on XXX date and remind them about the statutory time limit for compliance.

 

Do this all today.

[abzaa1]

I have done all of the above except for sending them a copy of the n244. I guess the courts will have the n244 now anyway as i sent it late on Thurs/Friday so i suppose by the end of the week they will send it to Wilkins automatically wont they?

 

I am forwarding the email to court now but do you think i should ask for a hearing anyway. Wilkins said dont ask for a hearing and the claim will be reissued to me at my new address anyway.

[BankFodder]

You must confirm with the solicitors that you have made the application – and as your application differs in what it is asking from the basis upon which they consented to the application, you must do them the courtesy of providing them with a copy of your application and an explanation.

 

This is not like dealing with Npower. You are dealing with people who are trying to act professionally even if you don't like who their clients are.

 

Treat them courteously and professionally in return.

 

Additionally, you have no idea how inefficient the courts can be. It may well be that the solicitors will not receive a copy of your application from the courts for a considerable period of time. You should cover all bases and let the solicitors know. However, the most important thing is that you let them know that what you have applied for is slightly different to what they have consented to so that they will not later on think the you have led them on in some way.

 

Once again, you are dealing with the stupid obstructiveness of the Npower legal department. Now that you are dealing with an outside firm which is aware of their duties and of their good reputation and is prepared to act correctly, you should do the same.