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    • Contact Energy Ombudsman with details of how long this complaint saga has been going on.  You may find out your meters were never correctly registered to your address and will be confused with neighbours until someone goes into central database to separate out the records.  EDF may never have legally taken over the supply and under energy legislation Scottish Power are the suppliers without your consent.   /images/bitmap/ombudsman-share-image.png Energy Ombudsman: Here to help with gas & electricity complaints WWW.OMBUDSMAN-SERVICES.ORG Do you have an unresolved complaint about your gas or electricity provider? Find out how we may be able to help.  
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    • In the autumn of 2020, I decided to change energy supplier from British Gas to EDF. This went through with no apparent problem but after approximately two weeks, I received a letter from EDF saying "Sorry you're leaving us". I contacted EDF to say that I was not leaving and was told not to worry about it, that they would resolve it and to carry on with monthly payments to EDF.    Approximately 2 weeks later, I received a text message from EDF to say, "Sorry you're leaving us". I contacted EDF again to say I was not leaving and was again told not to worry and that they would sort it out. Two weeks later I had a third message, "Sorry you're leaving us...". I contacted EDF again, but this time raised a complaint because it was becoming stressful and annoying. I asked them to explain why this kept happening. After some investigation by EDF, I was told that Scottish Power was trying to "erroneously take over" my gas supply. I confirmed that I wanted to remain with EDF and did not want to move to Scottish Power. I was advised to forward any bill sent by Scottish Power to EDF so that they could deal with it, and not pay it. However, I have never received any bill from Scottish Power until July 2022.   I was then contacted again by EDF to say that Scottish Power was trying to take over my supply because my gas meter was registered at my neighbour's address, on the energy suppliers' national database. I requested that EDF change the details for me so that I could remain an EDF customer but was told that only the existing supplier could change the details and that I would have to contact Scottish Power and request that they change the details. I reminded EDF that I had never asked Scottish Power to supply me and that as my current provider, EDF should take on this responsibility, but I was told on a number of occasions that EDF could not do this and that I would have to contact Scottish Power myself.   I have since learned that I should never have been told this. Ofgem states that if a supplier tries to erroneously transfer a supply, the two suppliers involved should communicate with each other to resolve the problem as soon as possible, and not involve the consumer. However, this is where the real problems started. I contacted Scottish Power at least 20 times over the course of 2 months, by email, online chat and telephone and spent a considerable amount of time trying to resolve this issue. The main problem was that Scottish Power refused to discuss it with me because "I did not have an account with Scottish Power". I explained on numerous occasions that I did not want an account with Scottish Power and that I just wanted them to change the location of my gas meter on the national database, but they persistently refused. Scottish Power was generally very poor at contacting me, I was doing most of the running. My neighbour, who is supplied by Scottish Power and has been for many years, said that this has been an issue in the past but Scottish Power has never resolved it. He said that when I asked EDF to take the supply back from Scottish Power, his supply was also erroneously transferred to EDF against his wishes, causing even more problems. During this occasion, Scottish Power compensated my neighbour but still refused to assist me.   I have evidence of some of the correspondence between me and Scottish Power but not all because much was over the phone and on online chat. Each time I contacted Scottish Power a new member of staff dealt with it and so they had to record the same notes each time, considerably lengthening the process. I asked if Scottish Power could allocate someone to own the complaint but because I did not have an account with Scottish Power, this was not an option. After numerous emails to Scottish Power from my neighbour, who was trying to assist with the situation - sending his meter details, my meter details and asking that the database be updated with my address - he was asked to send photos of my meter to Scottish Power. I had already been asked this by Scottish Power and had duly sent them but received no response. My neighbour then forwarded the photos by his email to Scottish Power and they replied asking him to ask me to re-send the photos directly, which I did for a second time. This was the last correspondence I had with Scottish Power about the matter. They did not contact me again.   EDF contacted me to say that they had concluded the matter from their end and requested that they close the complaint, to which I agreed. A meter reader visited sometime after to read both meters and I (naively) assured myself that the details had been changed and that EDF had resumed supply. My bill increased, and my meters were then routinely read by a visiting meter reader every quarter. My last correspondence with Scottish Power was on 9th November 2020, when I emailed the photos of my meter for the second time.   Twenty months later, towards the end of July 2022, I was on holiday with my family. I came home on 13th August to find 6 letters on the doormat from Scottish Power demanding £2134.89 for gas supply. They are addressed to "The Occupier" so they have obviously not referred to my previous correspondence or attempted to ever resolve the initial request to change my details. This is contrary to recommendations made by Ofgem's "Erroneous Transfers" paper produced in 2016. One of the letters even says, "Welcome to your new home" as though they have no knowledge of the correspondence 2 years ago. I have received another bill from Scottish Power today demanding payment and threatening referral to a debt collection agency if it is not paid. The above Ofgem paper states that erroneous takeovers should be dealt with by the two companies concerned and not by the consumer at any stage. But in my case, it has been me doing all the running, all the phoning, emailing, talking online, etc. Neither supplier has really done that much and I believe that EDF should never have told me that I should try and resolve this with Scottish Power; and when I contacted Scottish Power, they should also have taken ownership of the problem jointly with EDF and resolved it directly with EDF.   I have taken legal advice and been advised that as this is a dispute between two energy suppliers rather than between myself and a supplier, it is more appropriate for me to contact both suppliers, summarise past actions undertaken by all parties, and request that the supply be transferred back to my original supplier. This sounds hunky dory but doesn't actually help. Two questions arise in my mind... 1. Do i have to pay the bill at all given that it is addressed to "The occupier"?  2. Should I provide my name in my complaint (not yet sent) or simply refer to myself as "The Occupier"? 2. I know I can refer to back-billing guidance but my instinct tells me I shouldn't have to pay any of this bill because the supply was taken over without my consent, I tried numerous times to resolve it to no effect, and was led to believe that I was then paying for the gas due to the actions of both companies. Does anybody think I have a case here and any suggestions about how to pursue it?   Many thanks if you have managed to read this far. Even more thanks if you have any advice :-)  
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Lowel/Carter claimform - cap1 credit card debt


rob14973
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No response to their point 3 ?

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Good point

 

have received a letter of default. This default was issued on the account whilst in dispute for cc charges however i assume lowell will not have the paperwork for this right?

 

Regards

 

Rob

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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I doubt it nor Cap 1....but probably better to disregard it on this occasion.

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So put this in for paragraph 3

 

Paragraph 3 is denied. The Defendant has never been served a Default Notice pursuant to the CCA1974 .

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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No..... paragraph 3 is denied, the claimant has failed to produce any evidence of a Default Notice being served or any evidence of any breach and furthermore would not be in a position to have knowledge of this.

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Ok thanks Andy

 

I have amended the Defence above can you check it one more time then its good to go.

 

Thank you

 

Rob

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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Fine ...just tweaked your 3 slightly...rest is good to go.

 

Regards

 

Andy

We could do with some help from you.

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This might sound like a daft question but i have to send in my defence via email. Can i download a blank claim form from internet so i can type in my defence or can i just type on a word document and attach to claim form. What i dont want to do is have to hand write.

 

Advice appreciated

 

 

Rob

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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Just a attach a word doc to your email ..make sure to put the claim details in the header...and also add a statement of truth to the defence.

We could do with some help from you.

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  • 1 month later...

I submitted my defence on the 11th November and heard nothing since how long have they got to reply ?

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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Did you receive an acknowledgment of your email submission rob ?

We could do with some help from you.

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Yes they sent me an acknowledgement on the 11th november thanks for email etc same as they did on the 22nd october for my acknowledgement of service

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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They have 33 days in total to decide if they wish to respond and progress the claim....otherwise its stayed.

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It my book its 35 days from the 11th november right ? If so whats the next step?

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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Nothing ...the claim is stayed....enjoy your Christmas and forget it.:-)

We could do with some help from you.

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You understand what stayed means rob ?..it means paused.....parked and not until the claimant decides to make application with fee to lift the stay and proceed...which may never happen..will anything further happen.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Oh did not realise they could re open however i have just read about it :(anyway but if they do pay up im ready for a battle :)

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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I am now debating whether to go and get penalty charges from cap1 something to do through xmas

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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  • 2 months later...
Update Today i received a letter from carters and they have passed the debt back to lowel.

 

Passed representation back to Lowell's own Solicitors?

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Just says we are no longer instructed in connection with this matter and have returned to our client Lowell financial Ltd

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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