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Can I sue Npower for harrassment through the Small Claims Court? - Legal advice needed pls


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Apologies that this is a long post. This is my first time on any kind of forum.

I have tried to summarise but my 2 1/2 year dispute with Npower over inncorrect bills been a complicated and very distressing process. I will be very grateful indeed for any advice on how to proceed legally through the Small Claims Court...

 

 

We moved into a flat in Sept 2013 and when I called to give Npower the opening meter readings I asked to confirm what meter and tariff we were on. I was told it was an Economy 10 meter and noted down from the conversation that there were 3 cables which would give a Day rate, a Night rate and a Heating rate for the 3 night storage heaters with timings for when these rates would operate.

 

You had to press a button on the meter several times to get the readings and I gave the 3 readings as they appeared on the screens. Npower took Actual readings for these 3 rates in Nov 13 and I gave more readings in May 14 at which point I started the complaints process because we had still not had a bill. I received letters with an account number from the complaints department and finally a letter in July 2014 saying because they could not resolve my complaint about not receiving a bill I could go to the Ombudsman.

 

At the end of July I receive a letter with the same account number but this time addressed to the occupier saying that because of problems closing the account the balance would be written off. Followed a week later by the First bill for £366, in my name but with a different account number.

 

In Sept 14 I call to try and figure out what is going on and am told that the first account number I’d received on complaint letters was actually the previous tennant’s but because of the confusion the balance (now £457) would be written off as per the write off letter. I give meter readings – this time 4 readings show on the meter instead of 3. That same day a bill is generated for the heat rate for £868. It is based on an estimated opening meter reading for heat.

 

I am told again a week later on the telephone that my account would be credited to zero - clearing balance of £868 as per write off letter and to disregard any more bills/reminders and to wait during process. In Nov 14 I call again and am given apologies for distressing letters & assured case is with correct back office team. Promised that a correct bill should arrive soon showing the cleared balance of £868.72 and they had correct meter readings so a new bill would generated. I then receive a bill for £1,433, followed by ‘Our right to enter your home’ letter – with an outstanding balance £976.

 

In December 2014 after numerous complaint calls I am given a new complaint reference number and assured collections will stop. In Jan 15 I receive a complaint deadlock letter refusing to remove the balance as promised and referring me to Ombudsman and I begin the Enquiry process.

 

In Feb 15 I give new meter readings and receive a bill for £1481 - Tariff: Standard SC ROB Heatwise 1. I pay £505 for accurate energy usage calculated using my correct meter readings between Nov 14 and Feb 15 (leaving the disputed £976).

 

At the end of Feb the Ombudsman says Npower incorrectly offered to write off the Sept 14 bill for £868 and that I should be given a £25 goodwill payment for the misinformation but that the outstanding balance remained. I did not agree with the Ombudsman proposal and it was reviewed in March 15. I complain that the meter reading Npower used to calculate the opening heat rate was an estimate because it had not been showing on the meter. As this was not part of the original complaint to the Ombudsman they advise me to contact Npower directly. I contacted Npower who agree to work out an accurate opening meter reading but I did not accept the Ombudsman proposal as I still hadn’t had an accurate bill and felt they had not helped resolve my issue with Npower.

 

In April 15 we move out of the property and I give final meter readings and new address. On 1st May 15 they send: An amended bill to our old address for £1318. A letter saying because I’d rejected Ombudsman remedy my complaint has been closed thus exhausting the complaints process and balance is £1362. And a Final Bill for £1452 (the Tariff has now changed to Standard SC ROB 7 Hour Weekend Off-Peak)

 

I call to complain about tariff changing and am told they've re-opened case though they believe bill is correct. Throughout May and June they send another Amended bill, numerous complaint reference letters, and Final demand and Act now to avoid court letters – all to the old address. I email the CEO disputing the Historic debt and Amended Bill and request again that our address be updated and debt recovery stopped. The complaint is logged and I’m given a new reference number.

 

In July I start to get calls from Debt Managers Services attempting to recover a debt of £1,612. In August I receive 5 more amended bills each for a different amount. Throughout Sept and Oct I receive letters from Debt Managers saying my account is on hold while they await instruction from Npower.

 

In January 16 I receive a letter from Npower with a ‘Notice of intention to file a default on your credit file’. Outstanding balance £1452. In February I email complaining that my complaints have not been handled properly and ask about the compensation arrangements Npower agreed with Ofgem. Executive Complaints reply to say I have exhausted thier complaints process and they will not look to raise a new complaint in relation to this query and refer me to their Legal Team.

 

I point out that the Ombudsman instructed me to re-contact Npower to recalculate opening meter reading to which they had agreed. In March 16 Executive Complaints then reply with an incorrect opening meter recalculation (they use accurate winter heat readings to calculate an average daily usage and apply it to 497 days i.e saying we’d use the same heat in summer as in winter!) and advise me again to proceed legally.

 

Moorcroft Debt Recovery begin pursuing the debt and in desperation to resolve this I contact the Citizens Advice Extra Help Unit, who help vulnerable consumers, and they agree to mediate with Npower on my behalf. They challenge Npower throughout March and April but are told Npower's final position was that they would not be opening the case and referred me back to Ombudsman or to take legal action.

 

 

The amended bills – Falsifying meter readings and placing us on the wrong tariff

 

Having now examined the 5 amended bills of Aug 15 I can see that they have previously tried to ‘re-estimate the bill’ by falsifying meter readings - changing accurate readings into estimates to justify their original estimated opening reading.

All these estimates are entirely inaccurate suggesting that I have used thousands of heat units in summer periods when the night storage heaters were switched off. I am suspicious that NPower have chosen to amend the bills with estimates from May 2014 (instead of the 2013-14 winter prior to that when the disputed energy was apparently used) in order to avoid the back billing regulations.

 

I have also asked repeatedly why the Bill that I paid in Feb 15 was cancelled, amended and then re-calculated at a higher unit rate for heat (7p per unit became 12p). No one has addressed this concern. Our tariff appears to have changed from what I understood to be the Economy 10 tariff: Standard SC ROB Heatwise 1 to Standard SC ROB 7 Hour Weekend Off-Peak.

 

At no point did we ever ask to switch tariff or were we offered any explanation as to why the unit price and tariff had been changed, despite me asking on numerous occasions for clarification.

 

Harassment and marking my credit file

I have been threatened with court proceedings multiple times, they refuse to put a hold on their collections process so I am still having to deal with debt collections agencies, NPower may have shared data which will impact my credit record and they say this cannot be amended because they claim the outstanding balance is correct and remains payable. They now say I need to proceed legally.

 

My time, stress and worry

I have spent innumerable hours dealing with all of this, trying to decipher what has gone on, examining 15 bills, complaining by telephone and email, going through an Ombudsman enquiry that did not help to reach a resolution, and working with Citizens Advice, all of which equates to weeks worth of my time.

 

I have had countless sleepless nights and shed many a tear worrying about everything and feeling bullied by this huge corporation who seem to operate so recklessly with no regard for how peoples lives are affected by this level of stress that they cause. And throughout this period we have a chronically sick child with a rare blood disorder who has been in and out of hospital and Great Ormond St Hospital. Our now 3 year old daughter was first admitted to hospital in a life threatening condition in Oct 14 and has since been admitted 10 times, which Npower have been aware of. I have had to take my energy away from caring for my child to dedicate to unraveling all of this mess and that is extraordinarily painful for me.

 

I am now fully prepared to take legal action, although I have no idea how to do this and do not have any access to financial support or legal advice. I feel completely daunted by the task and almost cannot bear the stress and time of pursuing it further but it seems to be my only route forward.

 

I want to seek damages to be remunerated for this utter failure to handle my complaints and to bill me accurately. NPower’s conduct is far from fair or transparent and does not meet their standards of conduct by a long way. I refuse to be victimized.

 

I realize that this has been a long read and I really appreciate any advice that others can give for me to take this forward legally.

 

Very best wishes

D

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The truth is been supressed by the Mods / Deer.I posted a length reply to this thread yesterday.

It has been removed and there is an untruth that this thread is started to day when it started yesterday.

 

I hereby post the thread again.If anybody has a problem with it, mods or otherwise, then reply in open forum and I will reply back.

 

Censorship of replies with debate is as bad as living in North Korea. But the law breakers the energy companies should be afraid. The customers are the ones in the rigt and after all Its is called the Consumer Action Group.

 

My reply was:-

 

First piece of advice is stop panicking . There is no need. You are not the law breaker, nPower is.

Npower are criminals, they are trying to bully you. So laugh in their face. I understand it is fraustrating, but why get your blood pressure up?Not worth it.

Their aim is to change your existing meter to pre payment where they can charge you more money for the same service plus outstandng payments. That the game.

Point 2 Energy Ombudsman and or CAB are in league with an energy cartel, so they are not on your side no matter what the say.

Energy Ombudsman is not fit for purpose. Know the devil your dealing with.It is designed to ware you down. At least your better informed.

So why go to them? They share your information with npower. npowerlie to them and they pass that on to you with no proof. It's a con.

You are not leally obliged to use either no matter what Ofgem would have you believe or acourt will say, tell a court that the dispute is not in their jurisdiction.

Have you done and sent a cease and desist letter? If not do so. The mods might have a link to a typical template , is so could they post the link.

Also write to the debit agency along the following lines:

name and address

Their reference No xxxxxxxxxxxxxxxxxx

Dear Sir,

Re Disputed Claim and CPR 31.14 Request ( your npower account Number) ( mods there is a typical template on the legal sites for this).

On xx xxxx 2016, I received a letter dated xx xxxx 2016 issued by you with respect to nPower and given the above reference.

Your letter is clearly not on the level. Your letter of the xx xxxxx 2016 constitutes harassment, which is against the Protection Of Harassment Act 1997, which is

both a criminal and civil wrong. Your client has been issued with several cease and desist notices and is now in breach of said letters. I have the right to remain

free from “ Harassment” from your company and or your client. You have been well warned.

Your letter of the xx xxxxx 2016, is nothing short of threatening behaviour and demanding money with menaces.

Your client has clearly failed to indicated to you the ongoing genuine legal dispute between the parties including disputed invoices , not least those

issued in 2013 to 2016. I indicate my intention to contest all of your clients alleged claim which is fraudulent and in error. That is also a criminal offence.

Please refer to my previous letters to ( their CEO ) in xxxx 2016, xxxxx 2015 and xxxx 2016.

Your client is in breach of multiple UK laws, including although not necessarily limited to:

 

The Protection of Harassment Act 1997,

The Electricity Act 1989,

The Electricity and Gas (Internal Markets) Regulations 2011(SI 2011 No 2704),

Utilities Act 2000,

The Gas and Electricity (Consumer Complaints Handling Standards) Regulations 2008 (SI 2008 /1898.).

In addition your client is in breach of the standard licence conditions made pursuant to the Electricity Act 1989 and as amended by the Utilities Act 2000.

 

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s):

1 . The agreement. You will appreciate that in an ordinary disputed case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served .Further, that any general conditions incorporated in the contract should also be attached.

2. The assignment from your alleged client to your company.

3. Copies of any default notice which you allege was served upon me pursuant to s.87(1)CCA and complete with all other evidence of service of such a document.

4. A copy of the original signed agreement and or , a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account.

If you require more time in which to comply with this request you must tell me in writing. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time I will make an application to a court for an order that any future proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

I am sure one of the legals could do better?

 

Sat back and laugh at them have a cool beer. They most probably will not answer the letter. If another debit agency writes to you , send the same letter.It will constitue irrefutable evidence of harassment.

You have a dispute, so no magistrate will issue a legit warrant.

If you receive notice of a magistrates hearing, file a defence at the time, sighting the above letter as evidence and that you never received an unaccepatble rely/ no answer.

 

The correct action is in the county court and only the county court. This is a civil dispute.

That will cost you money to file a court application. My question is why do that? Yes they have caused you harassment ( keep recepits , bills, special delivery letters, stamps ,letters stationary, legal costs etc) but much better to let them

file and you defend it , that way it cost you nothing. Cause their CEO harasment , get his email address, send him email after email also cc to their customer service department.

My expereince is they will not file an application in the county court. Why ? They are mutliple law breakers , see the list on one of the other threads I posted today.

 

No company in the world will approach a court with their law breaking record. So chill out and keep on the ball.

Yes if you have plenty of money hire a solictor/barrister and sue their arse off.

But I get the impression that might not be the case.

Harasssment legal case - I posted a link earlier Case Law ( 2009)

http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html in the court of appeal . read and make sure you follow everything in this case. Note the wors courseof conduct.

Also npower case not well reported Cristopher Poncelet v npower 2010 in Northampton county court.

 

Other links to read

http://www.legislation.gov.uk/ukpga/1989/29/contents - Elec Act 1989 schedule 6 and 7

http://www.legislation.gov.uk/ukpga/2000/27/contents - Utilties Act 2000 schedule 4 and 5

http://www.legislation.gov.uk/ukpga/1997/40/contents - Harassment

http://www.legislation.gov.uk/ukpga/Eliz2/2-3/21/section/2 1952 right of entry act

Gas Rights of entry ( Read and understand)

http://www.uklaws.org/statutory/inst...6/doc16977.htm

Gas and Electrcity Complaints handling Regs 2008

http://www.legislation.gov.uk/uksi/2008/1898/contents/made Npower are in breach of this. Check my list of fines they may have been fined previously under this act.

 

Ofgem standard licence conditions 2013 conditions dfferent to 2014. 2015 conditions different to 2014 so you will have to double check on a year by year to check for changes.

You can get this of Ofgem website down the bottom codes and licences then click on electrical supply licence and watch the year issue.

 

Write to npower removing their right of access ( can one of the mods link this to a standrad template for removal of rights of access).

They cannot legit remove / relace your existing meter with pre-payement whilst there is a geniune dispute. That will not stop them trying it on, and I know of case where

they have turned up unannouced and were caught in the act of trying to replace the meter , without a warrant. If the do this chase them away. simple. That's the type of law breakers that you are dealing with

They need a warrant , see stuff above.

The concern is, if it a flat, is the meter inside or out? If out you need to remove the rights of access sharpish. If inside do not let them in full stop and turn away debit collectors and laugh in there face.

Check out standard Licence conditions (SLC ) 22.5 , have npower complied with Item(b) on maintenance. I bet not. they have broke the law.

Check SLC 12.14 to 12.16 on meter inspections everty two years have they complied with all of this?

Check out SLC 23.3 on unilateral variations to contract . I bet they are in breach.

Check out schedule 7 (elec act 1989) and schedule 5(Util 2000act) on meters near the bottom. Know your rights on meters.

Check out SLC 2.6 on contining performance basically they have to meet their obligations in law, these never cease. They will be in breach.

That's to help you identify their bad customer services, their incompetence poor service and that they are the law breakers. You have done nothing wrong.

 

If they refuse to deal with you write to there CEO at their head office in fact copy the debit agency letter above to him , bypass all the little yes man in npower, you are only wasting your time.

 

Please not also most of the letters sent by energy companies are computer generated. File them under harassment. Becuase they will have ignored your letters.That's part of the game , to ware down 80 year old pensioners etc. Rise above them.

 

For each bill they have or will send , put the disputed amount away in your/ new high interest bank account, dont touch it. It is earning you interest.

Until they have met their contractual obligations and duties sit tight. Laugh at them.

 

Yes the dispute will grow but that does not mean they have legitally verified the sums owed to your satisfcation or to a court. By the way they will lie in court dont put that past them or their legal team.

 

Have you heard about bill revesal problems?

It sounds like this con has been pulled on you although I cannot be 100% sure.

But basically every 2 years they need to read your meter , its the law SLC 12.14 to 12.16. What they do is replace the estimated meter figs( which are cons in themselves) with actual meter readings.

But their computer systems can miss in the revised bill calculation, "on account payments" you have made during the previous 2 years of the bill.

I am aware of such cases.

 

So go back every two years and check the estimated consumption which is changed to actual readings( which they have had all along but not used breach of SLC 21B.1) and make sure all your on account payments are included. That might be one reason for the large bills. It's one of the biggest con trick out to fool those less familar wth the industry wide problem.

 

That excercise is normal but they miss the on account payments. In one year that could be £400 to £500 missing in your favour.In addition write to Downing St . cause Cameron as much hassle as npower are causing you.It is utlimate his government aiding and abetting criminal behaviour after all. Ignore if Downing St write back we will not reply.Stick to your guns.Its evidence to show the courts if necessary.

 

Have some fun at npower expense.Keep good records of your expenditure to show the courts. keep any special delivery records of receipt of posting travel , court cost ,legal cost claim for everything.

 

Now that leaves the issue of harassment how much. You might need legal advice but the Lisa Ferguson case link above will give you a steer.

My advice is keep off the phone( to expensive). No proof to show courts anyway. Stick to letters , faxes or emails, you will need proof.

Come back if you need help and if you win in court I'll have half your winnings. Only kidding.

Big breath and release slowly. You'll will feel better.

Post your bills on the thread so I can view them.

have you done a SAR request? Mods can you do link to standard template please.

 

Stevie.

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Sorry for any confusion I've caused by starting another thread. Here is my reply that I sent you earlier on the Npower nightmare - help needed to make legal claim that I started yesterday.

Re: Npower nightmare - help needed to make legal claim

Thank you Stevie for your reply. I am working my way through the links you have posted. Some of it does not apply as we have left the property and they weren't trying to fit a prepayment meter in our case. The Lisa Ferguson case is very interesting.

I think the first thing I need to do is a SAR request by the look of things.

 

I have started another thread ' Can I sue Npower for harrassment through the small claimsCourt? - Legal advice needed pls' as I hadn't realised there was a Facebook group called Npower nightmare and I think the title of this thread that I've started may get overlooked as being related to that.

 

I have found the harrasment from Npower so distressing I do want to pursue a Small Claim despite not knowing at all how to do this and finding the prospect very daunting. I can't believe they can get away with this an I want it all to stop - the thought of waiting for Npower to take me to court and recieving contiuned threats from DCAs is too much to bear. Moorcroft, at least for now, are not pursuing me as I have spoken to them and told them that the account is in dispute

 

Thank you again for your advice Stevie. If you have anything further to add please comment now on the new thread as I'm hoping this may get more attention...?

 

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Further links

http://creditstrategy.co.uk/article/8299/online-news/npower-loses-legal-dispute-over-energy-debts-collection

 

http://www.swindonadvertiser.co.uk/news/8393795.Npower_harassed_customer_____judge/

 

I try and separate energy companies obligations and duty in law from their course of conduct from harassment due to their law breaking and grotesque business practices .

 

Please keep that in mind .

 

Try the legal forum . My memory says this is somewhat restricted access by if you ask a legal question or a legal point of law i.e Civil procedure rules 2014 etc then these guys are usually good.

 

But Sars Letter to credit companies/debit agency

letter to CEO say you are in dispute.

Possible cease and deist letter if harassment continues.

 

Then consider the points I made about taking / or not legal action.

 

Your re in the driving seat if you are no longer their customer or at the address. That puts you in a comfortably position.

But watch time limits for taking legal action both way , maybe a point to ask the legal guys I think its 6 years. Please double check.

 

Not let it get your blood up . All energy companies are doing this to millions of customers. So write to Cameron tomorrow.

Write to Amber Rudd at the DECC. Just keep up the press.

 

 

Stevie

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Further links

http://creditstrategy.co.uk/article/8299/online-news/npower-loses-legal-dispute-over-energy-debts-collection

 

http://www.swindonadvertiser.co.uk/news/8393795.Npower_harassed_customer_____judge/

 

I try and separate energy companies obligations and duty in law from their course of conduct from harassment due to their law breaking and grotesque business practices .

 

Please keep that in mind .

 

Try the legal forum . My memory says this is somewhat restricted access by if you ask a legal question or a legal point of law i.e Civil procedure rules 2014 etc then these guys are usually good.

 

But Sars Letter to credit companies/debit agency

letter to CEO say you are in dispute.

Possible cease and deist letter if harassment continues.

 

Then consider the points I made about taking / or not legal action.

 

Your re in the driving seat if you are no longer their customer or at the address. That puts you in a comfortably position.

But watch time limits for taking legal action both way , maybe a point to ask the legal guys I think its 6 years. Please double check.

 

Not let it get your blood up . All energy companies are doing this to millions of customers. So write to Cameron tomorrow.

Write to Amber Rudd at the DECC. Just keep up the press.

 

 

Stevie

 

A bit more, hope the formatting holds and a bit long.

Some further advice/ points of note and I have still to review your case in full.

 

Legal stuff By the way the debit letter, is also a request to disclose their case and documents . They normally ignore this until a court order is requested in interlocutory procedures after you have or they filed an application in the county court. With government cut backs they is not as easy as it seems. Depends on where you come from in the UK and the nearest county court. You need the right court form(s) sorry I will get this wrong, N235 general application under part 7 of the Civil procedure rules CPR ( ask the question in the legal forum please to verify or go un line and it should lead to the justice web site). You need to login to the legal forum here and ask your legal questions there or your local library will have the CPR rules as a fall back but they are on line but its a big book.

 

Ensure you know how to get the court forms on line.

 

Read the CPR (latest version is 2014 , again ask on the legal forms, but might now be upgraded) rules and make sure you follow them Otherwise they can get out on a technicality. That would be costly to you.

 

Judges hate litigants in person so they will look here first to bin your case if you have not followed the rules.

 

Your case must be there was a contract, written exhibit 1, they are in breach of their obligations and duties list these, they failed to comply with which laws exhibits 2-10, that resulted in a dispute which they failed to rectify letters exhibit 11-20, that caused you to suffer loss and expense and suffering from harassment all as indicated in your schedule of losses.

 

To comply with CPR rules you need 1 month in advance a pre action protcal letter complet with outline of your pleadings and schedule of loss . You could lose your case if not complied with.

 

Then A file of your pleadings ( volume 1 with front and back cover application and or court directions when these are given).

 

A file of your exhibits with dividers( Volume 2, with front and back covers enclosing letters, contracts, invoices, standard licence conditions or other extracts of laws breached by npower, copies of previous fines by Ofgem and these reports, copies of newspaper cutting of npower fines, stress repeat offenders, etc)

 

Schedule of loss.

Copy of any applications or court orders.

 

Judge will ask you have you been to the Ombudsman and what was his judgement

This is all very general but a lot of work.

 

You need to ask for full disclosure of their documents and agree a trial bundle with the other side.

I hope that makes sense.

 

Now the sting in the tale for you to think about, your claim say is £500.00 They might even send you a cheque., Npower will most likely not turn up at court. So no day in court fo you, yes you will win but the will have out witted you.

 

If you claim is £50,000 they will hire a barrister at £3000 to £ 5000 a day cost to them. Fight the case and might win or lose, costs to them drop in the ocean. CEO expenses for a day so to say.

 

They could go to appeal add another £10,000 to legal costs.Worth remembering.

 

General questions and thoughts.

 

1. You state: " At the end of July I receive a letter with the same account number but this time addressed to the occupier saying that because of problems closing the account the balance would be written off. Followed a week later by the First bill for £366, in my name but with a different account number"

 

That appears to be a breach of SLC 23.3 Unilateral variation without your consent. It one of the many cons the energy companies pull but it is law breaking. Check what they did to you on this point it may actually have occurred on more than one occasion. Who got the final bill for the old account number? This might be a separate SAR if it was in your name?

 

 

2. You state " In Sept 14 I call to try and figure out what is going on and am told that the first account number I’d received on complaint letters was actually the previous tennant’s but because of the confusion the balance (now £457) would be written off as per the write off letter. I give meter readings this time 4 readings show on the meter instead of 3. That same day a bill is generated for the heat rate for £868. It is based on an estimated opening meter reading for heat."

 

So where does the extra reading come from? Please explain. You said it was ECO 10.

 

 

" I am told again a week later on the telephone that my account would be credited to zero - clearing balance of £868 as per write off letter and to disregard any more bills/reminders and to wait during process. In Nov 14 I call again and am given apologies for distressing letters & assured case is with correct back office team. Promised that a correct bill should arrive soon showing the cleared balance of £868.72 and they had correct meter readings so a new bill would generated. I then receive a bill for £1,433, followed by ‘Our right to enter your home’ letterwith an outstanding balance £976."

 

Looks like Clear evidence in writing of harassment.

 

4. You state " In December 2014 after numerous complaint calls I am given a new complaint reference number and assured collections will stop. In Jan 15 I receive a complaint deadlock lettericon refusing to remove the balance as promised and referring me to Ombudsman and I begin the Enquiry process."standard ploy by all energy companies is to do nothing for 8 weeks then issue deadlock letter. This allows you to go to Ombudsman. If no deadock letter, and there are such cases out there, no Ombudsman involvement.

 

The Gas and Electricity Complaints handling Regs 2008 covers this, but there is no mandatory involvement of the Ombudsman from a customer’s view point but there is from an energy companies view. His remit is limited and he will knock your claim back if you do not meet is criteria. Happens to many times . Basically his job is to give you the run around , time waste, etc Others threads cover this in detail of customer experiences. It’s depressing and Cameron allows it. So complain to him about it. You have had grief, so give him some. Remember you are fighting an energy cartel including government.

 

But Ombudsman acts on their side by listening to more of their lies and excuse and takes them at face value. There is no investigation from him. It’s another [problem]. Tell that to Cameron in your letter.

 

Write to the Ombudsman and tell him he not fit for purpose you disagree and did he tell you can take it to the IS ombudsman? But there is a time limit of 1 year I think.

 

5. I have read somewhere you went to the extra CAB people in Glasgow? Is that correct?

 

This is covered by CEAR act 2007 section/regs 12 to 14, I seems to recall. Again look at this and ensure all was done properly . I digress, my question is was it a good experience? And if not why? Did the investigate your complaint properly? What happened?

 

6. You state " In Feb 15 I give new meter readings and receive a bill for £1481 - Tariff: Standard SC ROB Heatwise 1. I pay £505 for accurate energy usage calculated using my correct meter readings between Nov 14 and Feb 15 (leaving the disputed £976)."

 

Did you take pic / video of current meter and meter readings at the time. If No start doing so immediately make sure you record the date time of the meter readings if possible even if itmeans going back now.

 

Video of size of house and appliances.

Video of meter location age old new etc.

 

The bills and disputed amount £976 must be offset in your schedule of loss more about that later.

 

7. You where previously on ECO 10, I assume with no standing charges?

 

Now unilaterally they have moved you unto another tariff with standing charges? Possible breach of SLC 23.3. I am not 100% clear on what happened. You might have to clarify.Did you agree in writing to this new tariff? Did you object to it in writing?

 

Other side issues :-

 

8. A small flat 2 bed yearly bill as a guide no more than £550.00 per year with moderate to high usage of electricity . Bear this in mind as a guide. Actual bills even better. Or actual energy usage even better simple to calculate. You appear to be able to do that from your text.

 

9. There is no chance of them cutting you off or replacing the meter, so panic over, relax. My advice is let them take you to court. But your call. Have you ever wondered why the have not done so already?

 

10. Gather Medical evidence doctor visits hospital visits, new medication i.e, sleep tablets depressants’ etc.

 

11. Now what did you do to mitigate your losses? You will get asked in court, so you need to show evidence of the steps taken. Please bear this in mind.

 

12. Your Court cost minimum £500-600 for an initial claim and application.

 

More costs thereafter, without lawyers.

 

Legal costs to you or against you , Say £5000 - £10,000.

 

Where is the contract? Was it in writing , or oral , by action and by supply and payment of services?

 

Your claim for harassment needs to be done professionally but follow Ferguson as a guide.

 

Your claim for loss and expense needs to be evidenced with receipt , invoices travel cost ,court fees cosy of photocopying ,stamps, postage stationary telephone calls broadband cost, faxes etc. more about this below.

 

Now the most important bit schedule of loss. Must be filed with your application or your defence, if they start a claim. If the loss is less than energy used, you might have to offer to settle balance in their favour, just to get you to think. I hope the format does not go wrong, but see below a typical template.

 

Claim No:

Claimant:xxxxxxxx

NAME

First

Exhibit 1 to 20

29 July 2017

 

 

IN THE XXX COUNTY COURT Claim No: XXXXXX

 

 

B E T W E E N:

 

 

 

XXXXXXXXXXXXXXXXXXXXXX Claimant

 

 

-V-

 

 

XXXXXXXXXXXXXXXXXXXX Defendant

 

 

_____________________________________

 

SCHEDULE of LOSS

 

Schedule of Loss

 

 

NAMES OF PARTIES

V-

 

 

xxxxxxxxxxxxxxxxxxxx

 

 

Date : 30 July 2017

 

 

 

[/size][/font]Claim (NAMES) XXXXXXXXXXX against XXXXXXXXXXX for loss and expense from breach of contract breach of UK laws including The Utilises Act 2000, The Standard Licence conditions pursuant to he Electricity Act 1989 and the amended by the Utilities Act 2000, The Gas and Electricity Complaints handling Regs 2008 etc xxxxxxxx and non-performance and Stress and Anxiety . ( for you to advise)

 

 

 

1. Quantum Items (disputed items of bills)

 

 

 

 

Monies outstanding from ( money paid on account 2013 and 2015 which have not been credited by XXXXX( name) to XXXXX(names) account. £ 700.00

Removal of circuitous Standing charges Claimed by XXXXX, deemed not part of contract

£30.00.

Standing charges

Standing charges days between

Standing charges days between £30.00.

Standing charge 112 days between 17 Dec 13 and 8 Apr 15 (£27.75)

Standing charges 80 days between 8 Apr 15 to 27 June 16 (£19.82).

False claiming usage of electricity after 1 jan 2015( you need to spell this all out for example only)

 

 

 

 

 

 

 

Day rate between 17 Dec 14 and 8 Apr 16 (£ 26.54) (taken from actual bills)

Night rate between 17 Dec 14 and 8 Apr 16 (taken from actual bills) (£27.34)

Day rate between 8 Apr 15 to 27 June 16 (taken from actual bills) (£3.40)

Night rate between 8 Apr 15 to 27 June 16 (taken from actual bills) (£ 3.65)

Vat payable on the above circuitous charges( item 2 and item 3)@5%= £

VAT ( 8 Apr 2014) (taken from actual bills) £ 4.08

Vat ( 27 June 2015) (taken from actual bills) £1.34

Monies claimed by xxxxxx(name) less Items of Quantum in dispute.

(£700.00 + £30.00 + £30.00+ £30.00 + (Day and Night Charges) (£26.54+£27.34+£3.40+ £ 3.65) + Vat charges ( £ + £ + £ 4.08+ £1.34) £ £691.33 claimed, balance = £ 00.00 )

sub total section 1 £

 

 

 

 

2, Loss and Expense Claim

 

 

Hospital Visits - Cost for travel for NHS visits, medical expenses, additional

 

Hospital Visits

XXXXXXXX 2015 £3.60

XXXXXXXXX 2015 £3.50

Future NHS Costs

XXXXXXXX 2015 £

XXXXXX 2017 £ 7.20.

Other NHS costs, letters from GP etc £ 25.00

Cost for stress/Anxiety( seek legal advice) £850.00

Letters to Prime Minister Office, copying stamps, stationary £ 1.50

Loss of earning, 1 year @£00,000 per annum = £00,000

Cost of mail, recorded delivery mail, stamps, stationary, copying stamps, etc £

Cost of electronic mail £ 300.00

Attendance at Court £ 400.00

Cost of alternative LIVING ACCOMMODATION?( might no be applicable)

64weeks x £100.00 PER WEEK = £

sub Total £

 

Cost of independent engineers report ( ME but might be to late) £ 3600.00

expert witnesses report and attendance at court( ME) £ 4000.00

Legal costs lawyers barrister etc £5000.00

Court application costs £525.00

court attendance preparation time, phone calls,attending on their legal team etc prepare on a separate court format to backup times(hrs spent x Litigant in person cost fixed by court rules)

Interest

Other costs £

 

 

 

Admin costs for responding to NPOWER claims for £XXXX

 

 

DEBIT AGNECIES £120.00

Citizen Advice £80.00

Ombudsman correspondence £120.00

New energy company letters/email £ 100.00

Interest payments at 8% on outstanding balances

the date they fall due TBA

Further loss and expense £20.40

 

All future legal costs and or admin costs incurred by customer

to be fully recoverable from npower

Stationary costs lever arch files, photcopying index divders for court

Photcopying bundle of Trail documents £000.00

Photocopying general costs exhibits , news articles, previous Ofgem fines on Npower £000.00

Postage £221.00

Printing £50.49

Calls £74.00

Electronic mail £175.00

Loss of contract rights £100.00

Loss of reduced energy benefits(contractual) £ 100.00

 

 

 

Total Claim section 1, 2 3 and 4 £10,000

 

 

 

This statement is true to the best of my knowledge and belief.

You must have a statement of truth, your case will be lost without one

 

 

Signed...... ........................................................

.

 

 

name: xxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

Date: xxxxxxxxxxxx

 

 

 

 

Claim No: xxxxxxxx

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE xxxxx County COURT

 

 

 

 

 

B E T W E E N:

 

 

 

 

 

 

 

 

 

 

 

 

xxxxxxxxx Claimant

 

 

 

-V-

 

 

 

 

 

 

 

xxxxx Defendant

 

 

_______________________________

 

 

 

 

 

 

SCHEDULE OF LOSS

 

 

_________________________________

 

 

 

 

In all this schedule of loss is only a guide please you must insert your own losses and have all supporting documents to back such claims up. I cannot stress that enough. I gave you a template for you to complete , sorry in word its fine but here the cost should be in a line on the right hand side. There are must probably better one’s out there.

 

 

See if you can complete it in 1 day? Best of luck.

Good Luck

Stevie

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Hi Stevie

Apologies for the delay in responding. I do very much appreciate the time you have taken to look into this. There is a lot to try and get my head around and with 2 young children I am very time limited.

I have responded to your points below. However I am beginning to consider more your point about letting them take me to court as the process you outline of taking legal action myself is so daunting, costly and time consuming and I don't have lots of time or money! I have also checked my credit score online and it appears to be fine so although they have said they've shared my info and sent a letter with intention to file default on my credit file I can't see obvious evidence of it at the moment. And yes they've not started court proceedings yet... I had thought that the cost of going through the small claims court was minimal but £500-600 is way out of the question and the thought that it could escalate from there is terrifying.

So if I do just sit and wait for them to take me to court is there anything I do in the meantime? Still do the SAR, write letters to government, cease and desist? If they do take me to court can I still ask for remuneration for the harrassment etc or is the best I can hope for that they write off the historic debt?

What about writing to the Guardian/Observer/Telegraph money? Or other consumer media outlets? Can you contact Ofgem directly?

Questions questions... I do thank you for your time. Here are the answers to your questions below...

General questions and thoughts.

 

 

1. You state: " At the end of July I receive a letter with the same account number but this time addressed to the occupier saying that because of problems closing the account the balance would be written off. Followed a week later by the First bill for £366, in my name but with a different account number"

 

 

That appears to be a breach of SLC 23.3 Unilateral variation without your consent. It one of the many cons the energy companies pull but it is law breaking. Check what they did to you on this point it may actually have occurred on more than one occasion. Who got the final bill for the old account number? This might be a separate SARclip_image002.png if it was in your name?

 

 

The letters in my name acknowledging my complaints about not receiving a bill and the 1st letter saying I could go the Ombudsman all had an account number beginning 15xxx. Then I received the write off letter with the same account number but addressed to the occupier. Then the first bill a week later in my name but with a new account number beginning 16xxx. The write off letter was apparently meant for the old tenant and I’d mistakenly been given their account number. I don’t think a final bill was ever sent for that account because the letter said they couldn’t close it.

 

2. You state " In Sept 14 I call to try and figure out what is going on and am told that the first account number I’d received on complaint letters was actually the previous tennant’s but because of the confusion the balance (now £457) would be written off as per the write off letter. I give meter readings – this time 4 readings show on the meter instead of 3. That same day a bill is generated for the heat rate for £868. It is based on an estimated opening meter reading for heat."

 

So where does the extra reading come from? Please explain. You said it was ECO 10.

 

I was told on the phone that it was ECO 10 and that there were three cables for day, night and heat. I am certain that only 3 meter readings appeared at first – and Npower only took 3 readings when they read the meter themselves. However a year after we’d moved in in Sept 14 another reading showed and that apparently was for the night storage heaters. On the’ Standard SC ROB Heatwise 1’ bills I received the 4 rates were labeled as Other, Night, Day and Heat.

3 " I am told again a week later on the telephone that my account would be credited to zero - clearing balance of £868 as per write off letter and to disregard any more bills/reminders and to wait during process. In Nov 14 I call again and am given apologies for distressing letters & assured case is with correct back office team. Promised that a correct bill should arrive soon showing the cleared balance of £868.72 and they had correct meter readings so a new bill would generated. I then receive a bill for £1,433, followed by ‘Our right to enter your home’ letter – with an outstanding balance £976."

 

 

Looks like Clear evidence in writing of harassment.

 

 

4. You state " In December 2014 after numerous complaint calls I am given a new complaint reference number and assured collections will stop. In Jan 15 I receive a complaint deadlock lettericon refusing to remove the balance as promised and referring me to Ombudsman and I begin the Enquiry process."

 

 

standard ploy by all energy companies is to do nothing for 8 weeks then issue deadlock letter. This allows you to go to Ombudsman. If no deadock letter, and there are such cases out there, no Ombudsman involvement.

 

 

The Gas and Electricity Complaints handling Regs 2008 covers this, but there is no mandatory involvement of the Ombudsman from a customer’s view point but there is from an energy companies view. His remit is limited and he will knock your claim back if you do not meet is criteria. Happens to many times . Basically his job is to give you the run around , time waste, etc Others threads cover this in detail of customer experiences. It’s depressing and Cameron allows it. So complain to him about it. You have had grief, so give him some. Remember you are fighting an energy cartel including government.

 

 

But Ombudsman acts on their side by listening to more of their lies and excuse and takes them at face value. There is no investigation from him. It’s another [problem]. Tell that to Cameron in your letter.

 

 

Write to the Ombudsman and tell him he not fit for purpose you disagree and did he tell you can take it to the IS ombudsman? But there is a time limit of 1 year I think.

 

 

5. I have read somewhere you went to the extra CAB people in Glasgow? Is that correct?

 

 

This is covered by CEAR act 2007 section/regs 12 to 14, I seems to recall. Again look at this and ensure all was done properly . I digress, my question is was it a good experience? And if not why? Did the investigate your complaint properly? What happened?

 

I did go to the CAB Extra Help Unit and they were stonewalled by Npower who just refused to open the case. They were apologetic that they couldn’t help me and just directed me to my local CAB office to ask about free legal advice – and they basically told me there wasn’t any!

6. You state " In Feb 15 I give new meter readings and receive a bill for £1481 - Tariff: Standard SC ROB Heatwise 1. I pay £505 for accurate energy usage calculated using my correct meter readings between Nov 14 and Feb 15 (leaving the disputed £976)."

 

 

Did you take pic / video of current meter and meter readings at the time. If No start doing so immediately make sure you record the date time of the meter readings if possible even if itmeans going back now.

 

 

Video of size of house and appliances.

 

 

Video of meter location age old new etc.

 

 

The bills and disputed amount £976 must be offset in your schedule of loss more about that later.

 

 

I may have old photos of meter readings but we no longer live in the flat and it would be tricky but not impossible to go back and take pictures now – do you think this is necessary?

 

7. You where previously on ECO 10, I assume with no standing charges?

 

 

Now unilaterally they have moved you unto another tariff with standing charges? Possible breach of SLC 23.3. I am not 100% clear on what happened. You might have to clarify.

 

 

Did you agree in writing to this new tariff? Did you object to it in writing?

 

 

I believed the ‘ Standard SC ROB Heatwise 1’ tariff was the name for their ECO 10. I have no idea whether this is the case or not? There was a standing charge for the heat element of 23.3p per day and the unit rate for heat was charged at 7.04p. They then cancelled these bills and changed the tariff to Standard SC Elec ROB where the standing charge for heat was 7p per day but the unit price was 12.2p. (Making the bill I had paid suddenly much more expensive). I have complained in writing and asked for an explanation but they have refused to acknowledge my objection at all on this point.

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One other thing to note is that I don't know what form of contract we had. I just telephoned when we moved in and then never heard from them, which is why I kept complaining. Was never sent a welcome pack etc etc, Have never signed a contract of any sort.

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Hi Stevie

 

Apologies for the delay in responding. I do very much appreciate the time you have taken to look into this. There is a lot to try and get my head around and with 2 young children I am very time limited.

 

I have responded to your points below. However I am beginning to consider more your point about letting them take me to court as the process you outline of taking legal action myself is so daunting, costly and time consuming and I don't have lots of time or money! I have also checked my credit score online and it appears to be fine so although they have said they've shared my info and sent a letter with intention to file default on my credit file I can't see obvious evidence of it at the moment ( its an attempt to harass you contrary to UK law in the Protection of Harassment Act 1997. Must of these are computer generated Letters, i.e not human. Note it as a history of harassment). And yes they've not started court proceedings yet... I had thought that the cost of going through the small claims court was minimal but £500-600 is way out of the question and the thought that it could escalate from there is terrifying.( Npower and other energy companies are aware of this hence the scenario I set about Claim £500 and they will not turn up in court and settle out of court).

 

So if I do just sit and wait for them to take me to court is there anything I do in the meantime? Still do the SAR, write letters to government, cease and desist ( yes please do all of this immediately get as much evidence in writing and on record) ? If they do take me to court can I still ask for remuneration for the harrassment etc or is the best I can hope for that they write off the historic debt? ( Please separate in your mind Compensation ( called loss and expense), inconvenience, harassment , cost A. All of this is readdress for their law breaking. Then there is the illegal claims against you which is the matter of debit write of cost B, that was most probably never debit in the first place Cost B See the EON farce thread above where I address compensation as way of example. Also see the British Gas thread where they told a deaf man to telephone them. That's' cost C , discrimination.

Again look at the loss schedule I posted).

 

What about writing to the Guardian/Observer/Telegraph money? Or other consumer media outlets? Can you contact Ofgem directly? (Sat back and get you story out whichever way you can, Facebook , twitter, letters, emails to TV media and the national press, bbc watchdog. Complain in writing to your MP.

Write to Amber Rudd, after all it is her duty to stop energy cartels breaking the law as it is David Cameron's role to do likewise. Ofgem are the enforcement and regulatory body . As a heads up, they are not fit for purpose. Equally so is the Energy Ombudsman and or the CAB/ Extra help Unit.) Also every week update you story on this forum of the Martin Lewis forum. People seem to think on this forum that problem solved because you go quite and do not debate the problem, when in fact the matter is still unresolved to your entire satisfaction) . Tell as many people as you can, avoid npower and Germany energy companies.

 

Questions questions... I do thank you for your time. Here are the answers to your questions below...

 

General questions and thoughts.

 

 

1. You state: " At the end of July I receive a letter with the same account number but this time addressed to the occupier saying that because of problems closing the account the balance would be written off. Followed a week later by the First bill for £366, in my name but with a different account number"

 

 

That appears to be a breach of SLC 23.3 Unilateral variation without your consent. It one of the many cons the energy companies pull but it is law breaking. Check what they did to you on this point it may actually have occurred on more than one occasion. Who got the final bill for the old account number? This might be a separate SARclip_image002.png if it was in your name?

 

 

The letters in my name acknowledging my complaints about not receiving a bill and the 1st letter saying I could go the Ombudsman all had an account number beginning 15xxx. Then I received the write off letter with the same account number but addressed to the occupier. Then the first bill a week later in my name but with a new account number beginning 16xxx. The write off letter was apparently meant for the old tenant and I’d mistakenly been given their account number. I don’t think a final bill was ever sent for that account because the letter said they couldn’t close it.

 

 

What dates were on the first account i.e. the period they were attempting to charge for? This is a breach of SLC 23.3. Check out the Ofgem website https://www.ofgem.gov.uk/licences-industry-codes-and-standards for fines to npower previously and see if they breaches this in previous years. It builds up the picture of their law breaking over years. Also Scottish pOwer in April 2016 were fined for this and others note the words in the Ofgem report.

SLC 23.3 states:-

Notification of increase in Charges for the Supply of Electricity and other unilateral variations

23.3 If, in accordance with the terms of a Domestic Supply Contract with a Domestic Customer, the licensee:

(a) increases the Charges for the Supply of Electricity to a Domestic Premises (including by making any reduction in the amount of a Discount that is applied to a Unit Rate or Standing Charge); or

(b) unilaterally varies any other term of the contract in any other way that is to the disadvantage of the Domestic Customer ("Disadvantageous Unilateral Variation"),

the licensee must give Notice of that increase in the Charges for the Supply of Electricity or Disadvantageous Unilateral Variation to the Domestic Customer in accordance with paragraph 23.4. )

2. You state " In Sept 14 I call to try and figure out what is going on and am told that the first account number I’d received on complaint letters was actually the previous tennant’s but because of the confusion the balance (now £457) would be written off as per the write off letter. I give meter readings – this time 4 readings show on the meter instead of 3. That same day a bill is generated for the heat rate for £868. It is based on an estimated opening meter reading for heat."

 

So where does the extra reading come from? Please explain. You said it was ECO 10.

 

I was told on the phone that it was ECO 10 and that there were three cables for day, night and heat. I am certain that only 3 meter readings appeared at first – and Npower only took 3 readings when they read the meter themselves. However a year after we’d moved in in Sept 14 another reading showed and that apparently was for the night storage heaters. On the’ Standard SC ROB Heatwise 1’ bills I received the 4 rates were labeled as Other, Night, Day and Heat.

 

Soz not getting this, 3 readings becoming 4? Do you have a bill with 3 readings and a bill with 4 readings you can post and a pic of the meter?

3 " I am told again a week later on the telephone that my account would be credited to zero - clearing balance of £868 as per write off letter and to disregard any more bills/reminders and to wait during process. In Nov 14 I call again and am given apologies for distressing letters & assured case is with correct back office team. Promised that a correct bill should arrive soon showing the cleared balance of £868.72 and they had correct meter readings so a new bill would generated. I then receive a bill for £1,433, followed by ‘Our right to enter your home’ letter – with an outstanding balance £976." ( computer generated letter, happens all the time but its harassment with meances)

 

 

Looks like Clear evidence in writing of harassment.

 

 

4. You state " In December 2014 after numerous complaint calls I am given a new complaint reference number and assured collections will stop. In Jan 15 I receive a complaint deadlock lettericon refusing to remove the balance as promised and referring me to Ombudsman and I begin the Enquiry process."

 

 

standard ploy by all energy companies is to do nothing for 8 weeks then issue deadlock letter. This allows you to go to Ombudsman. If no deadock letter, and there are such cases out there, no Ombudsman involvement.

 

 

The Gas and Electricity Complaints handling Regs 2008 covers this, but there is no mandatory involvement of the Ombudsman from a customer’s view point but there is from an energy companies view. His remit is limited and he will knock your claim back if you do not meet is criteria. Happens to many times . Basically his job is to give you the run around , time waste, etc Others threads cover this in detail of customer experiences. It’s depressing and Cameron allows it. So complain to him about it. You have had grief, so give him some. Remember you are fighting an energy cartel including government.

 

 

But Ombudsman acts on their side by listening to more of their lies and excuse and takes them at face value. There is no investigation from him. It’s another [problem]. Tell that to Cameron in your letter.

 

 

Write to the Ombudsman and tell him he not fit for purpose you disagree and did he tell you can take it to the IS ombudsman? But there is a time limit of 1 year I think.

 

 

5. I have read somewhere you went to the extra CAB people in Glasgow? Is that correct?

 

 

This is covered by CEAR act 2007 section/regs 12 to 14, I seems to recall. Again look at this and ensure all was done properly . I digress, my question is was it a good experience? And if not why? Did the investigate your complaint properly? What happened?

 

I did go to the CAB Extra Help Unit and they were stonewalled by Npower who just refused to open the case. They were apologetic that they couldn’t help me and just directed me to my local CAB office to ask about free legal advice – and they basically told me there wasn’t any!

( heads up, Ofgem pay energy company fines to CAB, so there is a huge conflict of interest with them, Notwithstanding same, they do not have the legal knowledge/staff To take on energy companies, so a cosy relationship exists between them and the energy companies. Tell that to Cameron/ Amber Rudd. npower will lie to them and the CAB fall for it time and time again, whereas you are considered the villain , when clearly you re not. Its all part of David Cameron Energy cartel and not a true free and competitive market). I offered to teach the CAB/Extra help staff about energy companies dirty tricks and for FREE and strangely the declined my offer. I wonder why, what had they to lose?

6. You state " In Feb 15 I give new meter readings and receive a bill for £1481 - Tariff: Standard SC ROB Heatwise 1. I pay £505 for accurate energy usage calculated using my correct meter readings between Nov 14 and Feb 15 (leaving the disputed £976)."

 

 

Did you take pic / video of current meter and meter readings at the time. If No start doing so immediately make sure you record the date time of the meter readings if possible even if itmeans going back now.

 

 

Video of size of house and appliances.

 

 

Video of meter location age old new etc.

 

 

The bills and disputed amount £976 must be offset in your schedule of loss more about that later.

 

 

I may have old photos of meter readings but we no longer live in the flat and it would be tricky but not impossible to go back and take pictures now – do you think this is necessary? (If you get to court, Judges will accept pictures or videos of the meter it current readings or old meter readings, even better if you can get a 3 rd party to do it/witness it.)

 

7. You where previously on ECO 10, I assume with no standing charges?

 

 

Now unilaterally they have moved you unto another tariff with standing charges? Possible breach of SLC 23.3. I am not 100% clear on what happened. You might have to clarify.

 

 

Did you agree in writing to this new tariff? Did you object to it in writing?

 

 

 

I believed the ‘ Standard SC ROB Heatwise 1’ tariff was the name for their ECO 10. I have no idea whether this is the case or not? There was a standing charge for the heat element of 23.3p per day and the unit rate for heat was charged at 7.04p. They then cancelled these bills and changed the tariff to Standard SC Elec ROB where the standing charge for heat was 7p per day but the unit price was 12.2p. (Making the bill I had paid suddenly much more expensive). I have complained in writing and asked for an explanation but they have refused to acknowledge my objection at all on this point.

Again this is clear evidence of Breach of SLC 23.3 unilateral variation. Read this over and over, and get it clear in your mind. You know the history better than anyone.

You do not mention the standing charge in the SC Elec ROB , why? I am just attempting to get a clear a picture from the replies to see if there is other areas of law breaking.

Also on npower website they have a link https://www.npower.com/home/electricity-and-gas/products/standard/ to "treating customers fairly." Please do not laugh! Print it off. Keep it for evidence and gather as much info from their own web site to use against them in a court of law. Do the same with Ofgem.

 

 

I asked if you would post bills . I am looking for evidence of a bill reversal exercise. You can do this in your own time. But it would help your case against them. Will understand if you do not wish to do so.

 

 

 

 

 

Deer,

Can I cover your most recent post first about contract and then refer above to the blue text above.

 

You must certainly had a contract. From what you say it was oral(phone) ,by action and by use of their product( consumption of electricity) and I assume but you can correct me, by some on account payment made by you( called the consideration, i.e. money).( Law requires Offer, acceptance and consideration, and usage of the product, all legal terms you would have to plead in your defence / claim against them).

 

The fact npower did not issue you with a written contract matters for nothing.

That is a breach of SLC 22.5 ( see below) and a breach of The Electricity and Gas I internal Markets ) Regs 2011 schedule 2 and schedule 8 ( see links below). Clear law breaking.

 

22.5 A Domestic Supply Contract or a Deemed Contract with a Domestic Customer entered into or negotiated on or after the day after the day on which the Electricity and Gas (Internal Markets) Regulations 2011 are made must include:

(a) the identity and address of the licensee;

(b) the services provided, including any maintenance services provided, and any service quality levels that are to be met;

© if a connection is required, when that connection will take place;

(d) the means by which up to date information on all applicable tariffs and maintenance charges may be obtained;

(e) any conditions for renewal of the Domestic Supply Contract; 132

(f) any compensation and refund arrangements which apply if contracted quality service levels are not met, including inaccurate and delayed billing; and

(g) information concerning the Domestic Customer’s rights as regards the means of dispute settlement available to them in the event of a dispute with the licensee including how dispute resolution procedures can be initiated

 

So in a nut shell clear evidence of law breaking pertaining to 2 different UK laws.

 

The Elec and Gas ( Internal markets ) regs 2011, schedule 2 http://www.legislation.gov.uk/ukdsi/2011/9780111513965/schedule/2 states:-

" Customer contracts

 

4.—(1) Where a supply exemption holder enters into a contract with a household customer for the supply of electricity it must provide the customer with a copy of the contract.

(2) The contract must specify—

(a)the identity and address of the supply exemption holder;

(b)the services provided, including any maintenance services provided;

©any service quality levels that are to be met;

(d)if a connection is required, when that connection will take place;

(e)the means by which up-to-date information may be obtained about—

(i)any applicable tariffs and maintenance charges; and

(ii)the supply exemption holder’s standard terms and conditions;

(f)the duration of the contract;

(g)any conditions for renewal of the contract;

(h)any conditions for termination of the contract or of any services provided under it and whether the customer can terminate the contract if the supply exemption holder increases the applicable tariffs or charges, or changes one or more of the main contractual conditions;

(i)any charges for early termination of the contract;

(j)any compensation and refund arrangements which apply if any service quality levels specified in the contract are not met, including any arrangements which apply in the event of inaccurate or delayed billing;

(k)the methods of dispute resolution available to the customer in the event of a dispute with the supply exemption holder, including how such dispute resolution procedures can be initiated; and

(l)where further information on the customer’s rights as a consumer of electricity can be found."

 

They are in breach of this.

 

The Elec and gas ( internal Markets) 2011 schedule 8 states(same words as Standard Licence conditions SLC 22.5 above) :-

 

"Domestic terms

22.5. A Domestic Supply Contract or a Deemed Contract with a Domestic Customer entered into or negotiated on or after the day after the day on which the Electricity and Gas (Internal Markets) Regulations 2011 are made must include:

(a)the identity and address of the licensee;

(b)the services provided, including any maintenance services provided, and any service quality levels that are to be met;

©if a connection is required, when that connection will take place;

(d)the means by which up to date information on all applicable tariffs and maintenance charges may be obtained;

(e)any conditions for renewal of the Domestic Supply Contract;

(f)any compensation and refund arrangements which apply if contracted quality service levels are not met, including inaccurate and delayed billing; and

(g)information concerning the Domestic Customer’s rights as regards the means of dispute settlement available to them in the event of a dispute with the licensee including how dispute resolution procedures can be initiated.”;

(e)after paragraph 22.8, insert—"

 

So another clear breach of UK law.

But if you did go to court, they will produce this at the last minute. That's the sort of dirty trick they pull to undermine your case. Just a heads up.

 

So in summary you had a contract albeit it was not in writing and that's a breach of the standard licence condition SLC 22.5 made pursuant to The Electricity Act 1989 and or a breach of schedule 2 and 8 of the Electricity and Gas ( internal Markets) regs 2011, 2 different UK laws.

 

Now refer to my comments above in blue text.

Bear in mind your experience will help others defeat the [edited] that are the CEO of the energy companies.

Always Glad to help.

Stevie

Edited by honeybee13
Potentially libelous remark removed.
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One other thing to note is that I don't know what form of contract we had. I just telephoned when we moved in and then never heard from them, which is why I kept complaining. Was never sent a welcome pack etc etc, Have never signed a contract of any sort.

 

 

 

Deer

 

 

Two points,

 

 

Did you ever get a final bill within 6 weeks? I know of other German energy companies(EON) that have failed to provide them in 24 weeks which is a breach of UK law. Did you get one?

 

 

Can you confirm the tariff unit rates you where on for each year i.e. standing charge, day and night?

 

 

Stevie

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  • 2 weeks later...

Took me a while to find it but someone kindly pointed out a typo above . Its should have read 24 months not 24 not weeks, and still no final invoice. So all energy consumers beware of energy companies law breaking. Sorry about that.

 

 

As I stated previously 2 Years Farce is words designed for Germany energy companies especially EON but that' another thread.

 

 

Stevie.

 

 

Deer

 

 

Two points,

 

 

 

 

 

Did you ever get a final bill within 6 weeks? I know of other German energy companies(EON) that have failed to provide them in 24 weeks which is a breach of UK law. Did you get one?

 

 

Can you confirm the tariff unit rates you where on for each year i.e. standing charge, day and night?

 

 

Stevie

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  • 1 year later...

Hi there

I don't know whether I should have started a new thread... I get completely overwhelmed with all this. Everything went quiet with Npower last year so I just buried my head in the sand and now I’ve got DCA on to me again. They have suspended collections for a month as I’ve told them this is in dispute.

 

I don’t want to sue Npower – I can’t afford the time or money, I just want them to write off the debt (as they should have done after the Ofgem fines) and leave me alone….

 

In a nutshell I want to write them basically saying I have evidence of all of our correspondence, inaccurately amended bills, backdated bills, charging wrongful amounts, changing tariffs without explanation or agreement (I also never received any form of contract in writing) - basically failure to adhere to the Energy UK code of practice for accurate bills. I am sick of being harassed by DCAs and being threatened with marking my credit file and being taken to court.

 

Npower have refused to look into my complaint any further, despite requests from CAB Extra Help Unit. I am loath to go back to the Ombudsman because it all took such a long time when I went to them early on this dispute (before the Ofgem intervention) and they were unable to resolve anything. But is this what I need to do? My case is the same as thousands of others who were caught up in their Economy billing fiasco and Npower were forced to pay out compensation. But because there has been an unresolved ombudsman enquiry early on in my dispute they have used that to justify collecting an erroneous amount and have since falsified bills (changing accurate reading into estimates in order to backdate energy I’ve apparently used) to validate this.

 

If they take me to court I will happily represent myself if that is what it takes.

 

I basically would love to know if there are any obvious ‘cease and desist?’ letter templates that I can paste my info into to ask them to write off the debt? I will also send a SAR request.

 

Or should I be thinking about going to the press? If so is anyone aware of where would be best to go, Telegraph covered this story before but is there any hope in reviving it?

 

Really I just want the most painless solution. I’m a single parent with 2 young kids with disabilities and I don’t want to waste any more of my life worrying about this. I’d love compensation but really I just want this to stop.

 

Thanks for simple advice ( I know its not that simple )

D

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I'm sorry to say that I think it would be best if you start a new thread on this.

 

I'm afraid that it is very difficult to read and to digestive this amount of material from the screen and so it would be very helpful and in your best interests if you laid it all out again in a nice chronological bullet pointed way so that it is easy to follow.

 

Try to keep it punctual and factual – and well spaced. Don't include too much narrative unless it is really essential.

 

When you do that then we can probably start again from zero and understand what has happened and where you are.

 

One thing I do gather though is that you have let it slide because you thought it had gone away. I'm afraid that these things never go away. But you know that now

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