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shell energy taking me to court in progress


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this is in court process now please help

 

shell energy, i have had numerous complaints over these people with a debt

 

1. went through complaints process, in their final response letter, they say that i dont owe them a penny and in fact they owe me money (they originally stated i owed them over £1000 before the complaint was looked into)

 

2, i believed they owed me a little more compensation then they were offering

i took them to the ombudsman,

 

during this process it turned out an error was made by shell energy, and the dead lock letter contained numerous mistakes and it turned out that after all i did owe shell energy around £600,

i did not agree with  the ombudsman,

i didnt reply to them their findings became irrelevant and became non binding

 

3. shell then started court action against me to reclaim the amount they say i owe (this is all besed on estimate reading)

 

4. ive tried all ways to try and stop this going to court,

ive just come off the phone from someone high level at shell (they say call recorded and they putting this in writing)

the person at shell offered numerous apologies

, told me that when the deadlock letter was sent it was correct,

they then discovered during the ombudsman case that the dead lock letter contained mistakes (their mistakes not mine) and that they should not of applied the credits to my account that they did,

 

she said that unfortunately its in the court system and cant be stopped,

they have told me that they will get their debt collection people that are handling the court case to call me and try to get me some settlement figure before it goes to court to try and stop it going to court,

 

shell fully admit their error,

they state at fact that when the deadlock letter was sent to me the info in it was correct,

and that at that point they had wiped the balance in full and they owed me around £40,

they have now gone back on this and state i do owe money,

at no point have shell ever sent me a letter apologising for this mistake.

 

5 what I'm trying to find out is should i accept a settlement figure, or should i hold my nerve,

actually go to court and rely solely on the deadlock letter,

 

i guess what im asking is is the deadlock letter / final response letter legally binding?

because if it is then i do not owe shell a penny,

or are they allowed to simply rip that dead lock letter up and say its now actually incorrect and i do indeed owe them money

 

i have around 5 days left to supply the court any further evidence i wish to give them (copy of the deadlock letter ect ect)

 

please help me on this id be ever so grateful

, i need to know is this deadlock letter legally binding

 

regards to you all

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Name of the Claimant ? shell energy

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

cant find the very first letter from the courts, i responded to money claim online with my defence, due to disability's i have forgot the password to log back in, and cant find the claim pack that contain the original passwords to first log in

 

i know that i had the claim transferred to my local court, court letter was 24th novemember - notice of allocation to the small claims track (hearing)

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

energy debt

 

What is the total value of the claim?

£650
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

yes
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?

no
 

Did you inform the claimant of your change of address?

n/a

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

no
 

When did you enter into the original agreement before or after April 2007 ?

no
 

Do you recall how you entered into the agreement...On line /In branch/By post ?

no
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?

no
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

not the original creditor, shell energy took over the company that i allegedly owe the money to, think it was 1st utility
 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

not sure
 

Did you receive a Default Notice from the original creditor?

not sure
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?

not sure
 

Why did you cease payments?

not sure
 

What was the date of your last payment?

not sure
 

Was there a dispute with the original creditor that remains unresolved?

yes - the legality of the dead lock letter
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

no

 

this is what shell have just sent me in email, confirming mistakes were made it the final response / deadlock letter, they are only telling me this now, 6 months after the deadlock letter was sent to me and long after court action started

 

please is the actual deadlock letter binding, or can they just noll and void it like this?

 

Thank you for taking the time to speak with me this evening regarding your account.



As agreed, I am emailing you with the details of what was discussed during our phone call so you have a copy in writing.

I advised that you previously had an account with Shell Energy (formerly First Utility) for property and this has an outstanding debit balance of £187.24. However, due to the age of the account and when the invoice was produced on this account, this balance is being cleared. This balance will be cleared within 10 working days and the account will be closed at a zero balance.

In regards to account  I advised that back billing credit of £630.45 that was applied in April 2020 was applied in error and was later withdrawn. I explained that the reason it was applied in error is because the back billing period this amount was calculated for, is the same period that the back billing was previously calculated for and a credit applied to the account in February 2017, with the amount of £1192.32 being applied to the energy account.

I advised that at the time the deadlock letter was written, the information within this letter was accurate based on the account at that point. After receiving the deadlock letter, you then escalated your case to the Ombudsman. It was at this point, an agent investigated your case and realised that the back billing credit of £630.45 was applied in error. This was addressed within the Ombudsman's findings in writing and they confirmed that the £630.45 was an error and it is correct in being removed, leaving the account balance at £644.48 which is valid and liable to be paid.

I appreciate that you have advised the Ombudsman case is null and void as you did not accept their decision and you are right in saying that the actual final decision that they issued was non-binding upon Shell Energy. However, this does not change the outcome of their findings or the fact that the back billing credit of £630.45 was not due to the account.

You queried if our call was recorded as you would need it for a judge, to which I confirmed it was recorded. If you want me to raise a SAR for a copy of this call recording, please do not hesitate to reply directly to this email and let me know and I can arrange this for you.

I advised that as your case has now been escalated to Shakespeare, legal fees have now been incurred. I advised of the breakdown of these fees:
Legal representative cost £70 , Court fee £60 and interest £146.06.
I also confirmed that these legal fees were on top of the account debit balance, resulting in an overall balance of £920.54.

As discussed, due to the case now being with Shakespeare, I am unable to offer any settlement figure internally. However, I can arrange for Shakespeare to call you directly to discuss your account and options available. You queried if they would be able offer/discuss a settlement figure/payment plan, to which I confirmed that I could not comment on this as I do not know their process, however they will be able to discuss the options in more detail with you directly.

As agreed, I will arrange for Shakespeare to call you tomorrow; Friday 27th November 2020. If they are unable to get hold of you, they should be able to leave a voicemail for you.

During our call, you also queried who would appear in court to represent Shell, whether it would be a member of staff directly from Shell or whether it would be a representative from Shakespeare on our behalf.
I have gone away and spoken to our legal team who have confirmed that it would be Shakespeare who would lead with a representative on behalf of Shell.

I hope the information in this email clarifies our position.

As advised within our phone call, I am genuinely sorry for the shortfalls you have experienced and I fully appreciate the frustration this has caused.

As above, if you would like to request a copy of our call recoding from today, please not hesitate to let me know and I can raise a SAR for this. You can reply directly to this email or you can call on 0330 094 9158. Our lines are open Monday to Friday, 9:00am to 6:00pm. Please note that my working days are Wednesday to Friday each week.

Yours sincerely,


 

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looks like by mistake they applied a back billing amount twice,

they are allowed to make mistakes and i feel this is now immaterial.

 

there is obviously alot of water under the bridge here and reams of communication, but that does detract from the fact you do owe them the money and are quite probably only resulting to court as you've been rather forthright in not understand that simple fact.

 

what date is your court case?

i will guess you are now at the witness statement exchange stage  and have 5 more days to send it?

 

have you since the court case sent a cpr 31:14 asking for a complete breakdown of all the relevant bills that make up the sum claimed?

have you got their WS yet?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hi yes im at that 5 day thing

 

is there anyway i could pay the amount i owe, minus all there fees before it gets to court, what would happen if i was to log into to the energy account and pay that balance in full right now?

 

i only never paid them cos of the deadlock letter, which stated i didnt owe them any thing, now its come to light i would pay it, i just feel the balance should reduced a little due to their mistakes

 

im not aware if the fees are legally binding at this point, if i know i can escape court and the fees id pay the debt off in full, even though its all based on estimated meter readings, this is just one big mess

 

thank you for helping, what further advice would you give based on what ive just said above?

 

no date set yet for apperance

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but you have directions for exchange of witness statements?

scan up the last court letter that you are getting this info from please

use PDF ONLY read upload carefully

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok, could you please take a look at post 5

 

yes we at directions for exchange, i cant do pdf, last court letter states amoungs other things !the parties myst provide to the court and to the other parties by 4pm december 22 ... witness statements etc etc

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well we needed to know what time limits we have 

good we about a week

 

now since the court claim i will guess you have not requested any relevant documents like bills etc to prove the sum owed

nor have sent an SAR prior tio the court case asking for these?

nor have ALL the bills and account statements that are part of this court claim?

 

if the readings were estimates and you have the actual readings, then there is room to wriggle via p'haps a tomlin order (don't go paying anything yet you have +1 month) atleast.

 

ps sadly you need to forget everything about their mistake playing any part here

stick to know facts now.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

i have done one sar in the past and have it, but clearly more things have come to light since then so maybe worth doing another sar

 

and no i don not have any actual readings, im disabled strugle to get out of the house etc, thats why when i left shell energy, one of the things i did was sign up to smart meter so i dont have to go out the house to get to the meter

 

i only became disabled 4 years ago, as they did actulay wipe the debt by 50% im inclined to pay the remaing 600 and odd and just get it over with

 

i can sleep up to 17 hours a day, basicaly confined to my sofa, im looking at the easy quickest way out of this now its established i cant rely on the dead lock letter, if i can avoid the court fees and interest id pay the amount now.

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We need the particular s of claim exactly from the claim form

type it out please

 

if you were to speculate, how much do you think the claimed sum is inflated by your bills being made on estimated readings?

 

I.e. you have smart meters now you can see how much it costs today..

How does that compare to a same time period from the estimated bills??

 

rough figure?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It appears that Shell claimed you owed around £1000 and when you complained that you didn't, it was deemed you owe nothing and compensation was offered to you for Shell's error. You felt that the compensation wasn't enough and you contacted the obudsman at which time Shell realised it had made a mistake and you still owe £646.48. Now Shell is suing you for around £1000.

 

How much compensation were you offered which you thought was unacceptable?

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£34 compensation, the main complaint was that at no point did they cease collections activity whilst my complaint was in progress, even when it was at the ombudsman court letters and debt collectors will still harassing me

 

i dont mind paying what i owe, the ombudsman hit them pretty hard for their dead lock letter mistakes and ordered more compensation to be paid to me

 

whats annoying me is that they will not mitigate this and call it back from the courts and come up with a settlement figure for me and let me pay it off in instalments, i can afford to pay it in full, i just don't believe it should be the full amount

 

i cant find the particulars of the claim either

 

does anyone know if i went to court, could the judge order a lower amount be paid due to all the errors?

the fact that they never stopped collections activity while the complaint was in progress must also hold some weight? this was never dealt with by the ombudsman

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their WS must contain as exhibits every bill that is part of the sum they claim.

if the bills are estimates then you need to be able to put something forward with proof that your usage was not that high.

i can't imagine that you do not already have this evidence having now gone thru the ombs etc etc nor have not requested it.

 

there is no worth in waving arms around about a dispute was raised but they still did xyz.

 

its gonna be pretty hard if you are not going to help us to help you by not scanning to PDf all the relevant docs.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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