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Well regardless of the position of all the other victims of npower incompetence and bullying, they have caused you huge amount of time and trouble and this form simply allows them to walk away from the action and all the problems they have caused.

 

There is clearly no offer in respect of the trespass to your property. The discontinuance doesn't actually bring an end to it all if they decided to have a go in the future and of course there is nothing in relation to any costs that you might have incurred.

 

I think that at the very least you need an agreement that they will not attempt to resurrect this action in the future. Has been any impact on your credit file? If so, then you want all those references removed.

 

Frankly I think that you need some kind of payment in respect of the time and trouble that you have been caused – even if it is just a token because I think the point needs to be made and even a small payment towards your costs would amount to an acknowledgement that they got it wrong.

 

You might also consider a token payment in respect of the trespass as well. Even if it is just a token, it essentially agrees that there was a trespass even if there is no judgement in respect of that.

 

You might want to consider asking for a couple of hundred quid towards your costs incurred and, say, a couple of hundred quid in respect of the trespass and this would all be drawn up in a Tomlin order which would include an agreement that there is no liability on your part and that the payments will be made to you within seven days of the date of the order and that in consideration of that you are signing the discontinuance. No confidentiality

 

Frankly, I think that it is worth more than that


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But I think that my claim against them was strong and they wouldn't drop a claim for £17000 if they felt they had a chance of winning. If they've had a chance to review the catalogue of errors and breaches committed it is only rational that they want to bring an end to proceedings realising they could lose.

 

In which case I have a dilemma. Walk away happy or continue to fight them as there are a multitude of customers that have been subjected to all manner of stress and bullying behaviour from Npower. Many such cases unfortunately get dropped before going to court and therefore Npower continue to impose deemed contracts and illegal warrants on the average joe blogs.

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Well if they want to drop the claim, then you can't stop them. Going into a County Court is not about getting justice, it's about getting an economic remedy.

 

What you can do then is put a more realistic claim in for damages at the litigant in person rate which I think is about £18 an hour.

 

In that case you should calculate exactly the number of hours that you have taken on all of this – I think I urge you to do this earlier on this year – and tell them that if they will not agree to it then when they request the discontinuance, you will tell the judge that you won't oppose it but you want your costs paid – and then they will be faced with an order of the court forcing them to pay the costs – and that won't look very good for them.

 

Additionally, if you feel confident about your position on the trespass, you can present them with a realistic figure for compensation and tell them that that is your price for dropping your counterclaim.

 

There is no point in trying to get some kind of symbolic judgement against them when it is they that have brought the claim and now they are proposing to drop the claim.

 

If you have it all written into a Tomlin order and signed off by the judge with some money for costs and some money for the trespass – either a token, or what you consider is the true value then this would be a good result.

 

You could consider telling them that you want your costs met at the litigant in person rate and also you want a symbolic payment for the trespass and that this will have to be recorded in the Tomlin order.

 

Don't forget also, that you want them to assign that they now accept that you have no liability and that npower will not attempt to re-litigate on this matter again.

 

I can't remember if they had done something to your credit file – but if they have, then it is essential that getting this cleaned up as part of the deal.

 

I think all of this goes once again to show how incompetent npower are and what a bunch of bullies they are. They think they can strong-arm their way into people's lives and out of people's lives whenever they want


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Bank fodder I completely agree that it's had a detrimental effect on me and my family and also my business. Yes my credit rating was destroyed completely.

 

The trespass, the court costs and the stress of writing to them for two years has been difficult to deal with. If it wasn't for CAG I would have been completely lost. That's why I haven't responded to them yet and a Tomlin order is a good start but I think we can all push for more.

 

It was stayed in court until tomorrow so I need to write to court to tell them we can't agree.

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There's no point in writing to the court and telling them that you can't agree if you haven't put the proposals to the solicitors.

 

I think that you should get onto the solicitors tomorrow and tell them what you want.

 

If this is affected your credit file then as a minimum, they must completely clean it up and they must promise to do so within seven days in a Tomlin order signed off by the judge.

 

There must also offer to pay your costs – once again within seven days as per above.

 

They must also agree in the Tomlin order that there is no liability and they won't be resurrecting the matter.

 

If you think that it is correct, then you should name a figure for the trespass and have this built into the Tomlin order as well.

 

Put it all to the solicitors tomorrow and tell them that if they won't have it then you're going to court.

 

Make it clear to them that this is not without prejudice and that you will be producing all of this to the court.

 

If you think that you really need more time then you could let the court know that you need more time – that you need an extension to the stay until January. However, if I you sorted out tomorrow with the solicitors. It won't take them long to come to a decision


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You are right but I need help with drafting this.

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You don't draft it. You discuss it with the other side and you come to an agreement. Then when the agreement is made, you get them to draft the Tomlin order because they are the professionals and they have got the skills.

 

This is normal practice


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Layout in notes exactly what you want to propose and what you're prepared to agree to. In that way, you won't miss anything when you're talking to them.

 

It's very easy to get into a negotiation – especially not experienced – and then at the end to find out that you've missed something quite important but then it's rather late to go back and renegotiate.

 

Make yourself a checklist now and then consider what you want and what you might be prepared to settle for.


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You don't think I should just email them?

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You could do - vut it will just take extra time.

 

You could consider emailing them and telling them that you think that a phone discussion would be helpful and what time should you call.


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Ok I will jot down some notes, compose an email and then call them tomorrow

 

I will post on here once I've spoken to them.

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I'll bet that Wilkins Chapman knew about this:-

 

Npower to pay £26m after Ofgem probe

 

 

  • 17 minutes ago
  • From the section Business

 

 

Energy firm Npower is to pay £26m after sending out inaccurate bills and failing to deal with complaints correctly, Ofgem has said.

The energy watchdog said Npower "failed to handle complaints effectively within a reasonable timeframe".

Npower's billing issues affected more than 500,000 customers between September 2013 and December 2014.

 

http://www.bbc.com/news/business-35129788

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Yes. And I think their own behaviour leaves much to be desired. They have been aware of my inaccurate bills and readings for 2 years. They have been aware that the first bills were produced 8 months after the meter was removed, they have been aware that the previous tenant left 3 years prior and had documents on file at least a year before execution of the warrant.

 

Because of this I think they should also be reported to the SRA as they've acted like a dca and continually harassed me for two years.

 

The SAR documents have a date stamped in the corner which shows its when the file was completed and handed to Wilkin. Npower confirmed that was the date the file was passed to wilkin. Therefor my SAR is incomplete because it only comprises whatever the Npower guy could collate to pass to Wilkin. Wilkin knew all the holes in their clients case yet continued with harassment for payment.

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