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    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer and that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim and don't add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the members of suggested above – it should be the final version. court, that I would respectfully requestup but I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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I posted here a while ago with my npower problems...just two post, one had too much info and the other not enough lol.

 

Anyway...

 

The ombudsman came up with a final solution I did not agree with...so I declined it. There is no appeal process.

 

Last week I was told on the phone my account was one of the lucky 1000 but this week it is not.

 

I Have so

 

Today I have:

 

installed a phonecall recording app on my tablet.

Sent of my £10 cheque and letter requesting data

Sent off a letter (from Which?) giving notice of taking them to court.

 

MY QUESTIONS are this...

 

I have a (disputed) outstanding balance 'owed' to Npower. When I take them to court should i pay installments to prevent bailiffs turning up?

 

There is a thing online for going to court to claim money back...I do not want money (I think I still owe Npower money and want to pay it but not the ammount they think) do I claim that way for the difference or is there another court? thank you.

 

Anita.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?447298-looking-to-take-Npower-to-court...advice-please

 

This is your other thread.

 

I am sure others will pop in once they have finished their day jobs.

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Well done on installing the phone recording app. This is very important.

 

Well done on sending off the SAR. This is an absolutely essential first step.

 

However, your threat of court action is completely unnecessary and inappropriate at this stage. You should not threaten court action until you have a clear view of the path that you are going to take on this will depend on all the information that you receive in your data disclosure.

 

Also, you should be clear that it is entirely possible that Npower won't comply with your SAR. If they don't, then you would begin a court action which would include a claim under the data protection act.

 

We have already recently seen one letter from the information Commissioner in which it is agreed that Npower have breached their duties under the data protection act.

 

Without wishing to denigrate Which?, I would suggest that you don't bother about the templates which are offered you there – but rather you stick with us and we will help you prepare your material and get it ready to be sent off at the right time.

 

Did you send your SAR by recorded delivery? Did you accompany the SAR with a cheque or was it a postal order?

 

It is very important that you send SAR's off to most companies – and certainly to Npower by recorded delivery because otherwise the next thing you will hear from them is that they have no trace of having received your request.

 

You should also keep track of the money that you sent them. If you send this by cheque then it is very easy to do. If it is in the form of the postal order, then it is less easy – but it is still possible.

 

People ideally should send their SARs of with a cheque. Keep your eye on your bank statement. If the cheque has not been cashed within the next 14 days then you can expect that there is some kind of problem. However, if you have not sent your SAR to Npower recorded delivery then you may find yourself in a position where you have to begin again. The whole thing is a nuisance. This is the game that Npower plays – and you have to play it as well but better than them. In the end, they will lose.

 

They are rotten company and it seems to be just a matter of luck if everything goes smoothly with them. When it goes wrong then it goes badly wrong and Npower don't seem to be able to sort things out. Instead, they become obstructive and bullying and people's lives become miserable

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I've gone through your previous thread to try and distill the complaint so it is easier to understand.

 

This took about an hour to do and I really don't want to do it again. Can other people in future try to follow a similar format!

 

If this is incorrect in any way, or if there is something important missing, do say so. Following the same format.

 

 

  • You became an Npower customer on 22nd October 2013.

 

  • You were previously with Scottish Power at the same property.

 

  • The property is a 2 bedroom end-terrace of relatively new (1995) construction.

 

  • Npower sent you an email on 27th November 2013 stating your direct debit figure should be £72.63 to cover your fuel usage. This was a lot less than your previous supplier.

 

  • You have made direct debit payments to Npower from January 2014 to February 2015, with amounts varying between £66.00 and £78.00 (total £1120.41 to date).

 

  • You did not receive a bill from Npower and you were concerned.

 

  • You phoned Npower during March 2014 to query the lack of billing and check your payments were covering your usage. You provided meter readings. Npower advised you everything was fine and that a bill would be generated and you should receive it within a month.

 

  • You did not receive a bill from Npower and you phoned them in April 2014. You were advised nothing was wrong and your payments were covering your energy usage.

 

  • A bill was produced on 3rd May 2014. Npower projected your annual usage would be £671.01 for electricity and £558.28 for gas (total £1229.29). Npower advised you were currently £22.07 in debit, although you had been previously told this balance would be cleared during the summer months.

 

  • Another bill was received 24th June 2014. You were advised prices were going to increase, and also that you had used £361.41 of energy since the previous bill in May. Npower decreased the direct debit to £66, with no prior notification or explanation as to why.

 

  • Npower email you on 6th July 2014, notifying you the bill has been produced. This prompted you to call Npower as you were concerned a mistake had been made. You were told not to worry; that the direct debit figure would revert to its previous amount and that a new bill would be produced.

 

  • On 21st July 2014, your previous bill of 24th June 2014 is reversed. This appears to include the payments you had made also.

 

  • On 21st July 2014, a new bill is produced with a statement to say you have used £585.04 in energy since the previous bill. Your annual projection is now £1140.92 for electricity and £644.39 for gas (total £1785.31). Npower advise your direct debit will increase to £150 per month.

 

  • When you receive this bill on 25th July 2014, you phone Npower. You are advised the bill is in fact incorrect and your direct debit will stay at £72.63. In fact, Npower offer you to reduce your direct debit to £66 per month. You decline this offer to reduce your direct debit.

 

  • You receive an email on 26th July 2014 from Npower, who thank you for changing your direct debit amount. On calling Npower you are advised your direct debit figure is now £72.63, which had been changed from £150 the previous day by you. You were unsatisfied with how it was being managed and explained the previous phone calls you'd had to the Npower rep. Npower apologised, cited problems with their systems which may have been the cause of this and you were assured these problems would persist no further.

 

  • Either during your phone call of 26th July, or shortly after, you become aware that the meter number on your account is wrong [N.B. Which fuel? Electricity?]. You provided the correct meter number and were advised the system had been updated.

 

  • On 1st August 2014, a direct debit payment for £66 is paid to Npower. You manually change your direct debit to £78 online, as you were not confident with Npower's staff over the phone and you wanted to ensure a debt balance did not occur. You did not receive an email confirmation of this change.

 

  • On 6th August 2014, the bill from 21st July 2014 is reversed. A new bill is generated with the same usage figures but your direct debit figure is now quoted at £39.00 per month.

 

  • On 8th August 2014, you manually change your direct debit to £78 online. This time you receive an email confirmation.

 

  • Npower email you on 11th August 2014 to apologise for the problems you have been experiencing regarding your direct debit.

 

  • You continue to pay your monthly direct debit and also make monthly phone calls to Npower to check the status of your account. You are advised everything is fine.

 

  • On 5th February 2015, you receive an email notification that your direct debit will increase to £253 per month.

 

  • On 5th February 2015, you phone Npower who advise there is no record of a direct debit amount of £253; their systems show £440 instead. You were asked to provide meter readings and also your meter numbers. You hear a countdown from an adviser in the background, followed by a loud cheer, followed by your call being cut off. You tried to call back but were informed the lines closed at 8pm.

 

  • Your online account showed your account was in credit by £84.15. You notice the wrong meter serial number is shown for electricity.

 

  • To protect yourself from what you believe to be an error with the direct debit, you cancelled the direct debit instruction with your bank as your monthly wages are £880.

 

  • On 6th February 2015, you check your online account. It is unchanged. You phone Npower and speak to Amber. You ask to speak to a manager. Amber advises no managers are available as they are all in meetings. You ask to speak to the complaints department. Amber advises this department does not exist. Amber advises she will document your complaint. You try to explain the events over the past several months, but Amber continually interupts you with excuses. She then eventually puts you through to a manager.

 

  • You speak to Phil Whitehead. He apologises for the problems and compensation is discussed. He advises the problems will be resolved. Your tariff is changed, but because you no longer pay by direct debit it is not the cheapest tariff available. You are given a complaint reference number.

 

  • At some point, you attempt to change suppliers?

 

  • On 7th February 2015, you are called by Phil Whitehead at Npower. You are advised that because you attempted to change supplier, your account is locked. He advises you he is unable to correct your meter number or perform any other resolution. You are advised more bills will be generated and more bill reversals will take place. He advises a complaint will be actioned over poor customer service.

 

  • On 7th March 2015, you receive a letter from the Npower complaints team. You phone on 9th March 2015 for an update. You discover about half the details of the complaint don't exist on Npower's system. You repeat them. The adviser, Ashleigh, appears helpful and provides her email address for you to send photographs of the meter. She advises you that she should not be providing her email address to you, but must to resolve the problem. She advises no final bill will be produced until the investigations are complete. No timescale can be given for this.

 

  • On 14th March 2015, Npower rep Ashleigh phones you. She advises that the meter serial number is indeed incorrect, but that Npower refuses to change the bill as although they knew it was incorrect - you did not do anything about it. You ask for all statements, bills and payments made on the account to be sent in the post.

 

  • On 30th March 2015, you receive a letter asking why a payment was not made against your final recent energy bill.

 

  • On 31st March 2015, you receive the final energy bill of £438.30.

 

  • On 1st April 2015, you receive a letter from Npower asking you to call them. You phone and speak to Louise. She does not know why you are calling and you have to explain the situation again. Louise advises you the complaint on the system is not clear; Ashleigh has the complaint locked to herself. You are advised you will be called the following day for an update.

 

  • On 2nd April 2015, you receive a phone call from Npower rep Ashleigh. She advises the complaint is not locked to herself and anyone should be able to help you. She apologises for the delay and advises you the complaint will in fact stay locked to herself, and advises you will be called back within 10 days.

 

  • On 8th April 2015, you receive a final reminder for the electricity bill.

  • Haha 3
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Blimey!!

What a shambles - and what a shower Npower are - and I suppose that if this has to go to court, Npower's top legal expert Kenneth Radley Davies Smadley Madley Nadley Paddley Cavies will sign a statement of truth denying that Npower have any duties not to do this and that you have no hope of persuading a judge otherwise - except, of course, he will be wrong again.

 

Where is Cagger Msu?

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Hello,

 

Thank you that is just about correct.

 

it was always electricity for which the meter was the wrong number.

 

I never had the complaint with Phil resolved within the 8 weeks they specified so I went to the ombudman.

 

When the ombudsman responded they had not refered to the documents I had provided at the time which included screenshots from the npower online account showing contradictory information on one page (taken on different days with different information on).

 

As such I disagreed with the first ruling and resent the documents including usage data from my previous supplier (limited info as it was so long ago) and usage data from my new supplier (i managed while the online account said I was in credit but the bills saying otherwise to swap to first utility and they were unable to change the meter number so have replaced it with a smart meter)

 

The ombudsman thought that the £1000+ difference was normal. He felt it was seasonal variation ( i work in a school and have 6 weeks off at home with my daughter in summer so our usage is pretty even - we use more gas in winter but more elctric in summer) he felt I was owed £150 deduction in the money Npower allege I owe them.

 

I decined the offer.

 

I have taken legal advice from John Lewis where my partner works they have a scheme. There advice was to wait for the decision then...then pay any moneys in protest via credit card quoting a 1974 credit act and claim the money back for breach of contract and charge for court costs of hearing fee, issue fee and compensation. I DO NOT HAVE THE AMMOUNT ON MY CREDIT CARDS TO DO THIS!!

 

I have written receipt of my CHEQUE payment for my data informing me of the cut off date and what I will receive. I and no reply to the same letter giving 28 days before I take court action and offering mediation....

 

phew....

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Also

 

sorry

 

I have had a number of final demands, reminders and telle messeges for either gas or electricity but they don't all say which it is for and the all have different amounts.

 

Npower conditioned to send them while the ombudsman was dealing only stopping at his further request.

 

then when the press release went out about the cases I phoned up and spoke to Sharon who told me mine was on the list to be written off and to expect a letter within the week....as you can sussepct I called back 10 days later and told my account is not on the list.

 

What on Earth should I actually do???!!

 

(PS Orpington, Kent - no idea how Cagger got there?! lol)

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Once again, it was not the right time to send an LBA as you had no information and no plan.

Npower receive buckets of threats from exasperated customers and which are never followed up.

It may have reached the desk of their star leegle eegle gopher boy Smadley Madley Bradley who seems to make an art of being dismissive and obstructive.

 

There is nothing much to do until you receive the data disclosure.

What is the date for that?

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12th August on their letter. I will get two packages one with a CD and papwerwork and one with a password to get onto the CD both recorded...watch this space.

 

As for the Iba what is done is done. I do intend to carry it forward unless the write off most of the debt. I took PC World to tribunal twice and one twice (once for me and once for a friend) I havee seen some dirty tricks!

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case submitted 8th April 2015

First contact with my person Tyne Buttler 4th June

findings publish 5th June

findings published 16th June

decision published 24th July

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Good.

We will be pleased to help you

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I had some hoo-har with the ombudsman portal not loading on any of my computers/tablet and then loading but not opening etc and also Tyne went on Holiday at some point & I didn't realised so I emailed to ask if the case was finished or not (turned out not)

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Hello,

 

new update and a question please before i do anything.

 

I have today received two final reminders from Npower I am guessing one is gas and one electric although I had a duel fuel account and neither letter states what it is for.

 

I have again spoken to my partners legal advice.

 

The ideal action now is that i pay the nearlly £1200 in full under protest on a credit card quoting the 1974 credit act.

 

Alas all of my credit cards put together and taken to the limit = £700 = no money left to take them to court.

 

So they are suggesting I take a second course of action...arrange a payment plan stating it is "under protest and without prejudice" and then start proceedings. The legal people advised me to phone up and get an email address so that I can organise this over email.

 

I have got an email address and want to check if you feel i should proceed?

 

as an aside, I phoned the number on my letters - the automated system would not take the account numbers on the letters and then after being on hold for 5 minutes I was hung up on when the call was answered. On my second call I was told that they don't do payment plans over the email I have to do it on the phone but then the man asked if my account was closed (i said yes) and he gave me the email address saying he couldn't help me.

 

I am being good and using the call recording app.

 

 

Thank you.

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  • 3 weeks later...

hello,

 

i have a letter about my DSAR dated 5th july saying i would have it by 12th august.

 

i did not get anything.

 

they have not cashed my cheque

 

when i phone the numbers on the letters they send my account number is not recognised the person on the phone told me to email the debt management team...i did this on 28th august and no reply.

 

today i have two telemesseges about my debt and i am trying to get though on the number provided - on hold and again my account details not recognised.

 

where do i go from here please?

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Are you recording your calls? Have you read our customer services guide and implemented the advice?

 

Who sent you the telly messages? Was it npower or debt collector? I think we are getting close to the point where you will have to issue legal proceedings and include their breach of the Data Protection Act as part of the claim.

 

Are you prepared to do that?

 

Don't worry about the fact that they have in cash the cheque. The most important thing is that you send a valid application and they have acknowledged it. After that, it is their problem as to whether or not they want to take your money.

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so they said

 

they got my email and are awaitig a decision - don't worry its 3 or 4 weeks before the bailiffs turn up.

 

they do not know why my SAR was not sent I should get it by 12th September.

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You haven't answered the question as to whether or not you have implemented the customer services guide advice.

 

12 September is close enough that it isn't worth making an issue of it at the moment.

 

Once again, are you recording the calls?

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Most energy companies will not set up a payment plan by email, only the phone

 

I found with me they were quite amicable. At the start of the phone call you need to insist you are calling to set up a payment plan on a debt

 

They will set up the payment plan on the phone then email you what you have agreed to

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yes they tell me on the phone that i have to do it with them, then i give them my account number (closed account no longer on the system) and then they told me to email and gave me the email address as they don't deal with closed accounts on the phone.

 

I have that call recorded

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You do not have to give them your bank account number. This makes me think you are talking with a DCA, not the energy company

 

All my repayment plans for energy companies, council tax etc are done by Standing Order

 

You need to ask for their banking sort code and number. The reference number will be the energy companies account number on your energy bill

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