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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
    • I will need to find the original two letters. It wasn’t that long ago so they can’t have gone far 🙄   but nobody remembers this pcn which makes me wonder about the date. I will check. 
    • Electricians generally do a good job and we all need them from time to time.  However, none of us would employ an electrician to change a light bulb, we'd do it ourselves.   The small claims courts is designed to be informal and to discourage the use of solicitors.   What we can't understand is why you are paying a solicitor huge sums to do things you could easily do yourself.
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Bulb no bill for 2 years.


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When I moved to my present address there was a prepayment meter in the property. I discussed with the Landlord if I could change this and he was happy to have it changed to a normal meter. Ive always had normal meters and always paid my bills. not to mention that the meter was 7 ft high off the ground and couldnt reach to put the cards in.

 

Bulb was the only company that would do this. Happy days!

 

A month after it was put in I sent a reading to bulb, however it was rejected. I called them and they couldnt find me on their system.

So I thought I had made a mistake and called a few companies, but no one seemed to know. So I called the national grid. they said they would look into it. I heard nothing.

 

Then out of the blue almost a year later I received an email from Bulb requesting I log into my portal. I couldnt as I had no account number. I called again and again they said someone would get back to me.  Due to covid, everyone has been working from home and information hasnt been very forthcoming. 

 

Its now been 2 years and Im so worried im going to be hit with a massive bill when someone picks this up and sees a mistake has been made.

 

I was told right at the beginning of all this that Bulb only have prepayment customers not those on a normal meter. Not so sure how true this is and if that was the case Im suspecting my account has been lost somewhere. 

 

I had almost £900 saved to pay the first years bill when it came through, but its slowly dwindled over the past year, for essential things as I wasnt allowed to leave home etc. 

 

No one seems to know whats going on and just fobbed off at the moment. 

 

Any ideas on what I should be doing to try and resolve this further. Its not been through the lack of trying, its just no one seems to know whats happening. 

 

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Are you sure that it's not in your landlord's name?

Send them an SAR anyway

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Its definitely in my name. I know this as when they came out to change the meter, my name was on the paperwork I had to sign. 

 

Can they back date the bill for the whole two years? 

 

I didnt know I could send them a SAR, but I will get one sent off.

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Yes. The starting point with all of these companies is to send them an SAR to see what they've got.

Check the back billing code. You will find that as long as the failure to bill you all to bill you correctly is their fault, they are prevented from back billing further than 12 months

 

However, the provision of meter readings it is probably your responsibility

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They were meant to lower the meter as its pretty difficult for me to read the meter, its 7ft off the ground, but it wasnt lowered. I can no longer physically read the meter. You can only read it via climbing up a ladder. Even an able bodied person would have difficulties, but its possible. 

 

Will get on to them with an SAR. but I feel im just going to be going round in circles again as no one seems to know anything about this account. 

 

Thank you 

 

 

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Fine but if the SAR produces no information, then presumably there is no basis for saying that you have an account.

On the other hand, would certainly have a duty to open account and so if they don't have any record of you then it will be incumbent upon you to put yourself on the record.

If you I would start writing to them and tell them that you are worried because they don't seem to have a record of you as a customer despite previous attempts. Give them a meter reading. It's important that you establish a paper trail so that later on they can't turn around and say that it was awful because you are trying to obtain free electricity.

You need to be able to turn to them and show them that you did everything you could and that it is all their fault.

I have to say that a single attempt to give them a meter reading two years ago – and then nothing from you is not going to look very good for you.

Send the letter that I just suggested separately from the SAR.

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Posted (edited)

Ive attempted several times to give them readings in the first year. The second year was via their portal but with no account number it just sent an error. Ive noted every attempt at trying to resolve this. 

 

Im not trying to attempt to get any free electric here BankFodder, far from it!

 

I wouldnt be here trying to see what else I can do to try and get this resolved, as contacting them seemed futile. 

 

I didnt know I could send an SAR which Ive done and sent it to their contact email. 

 

Would you like me to keep you informed of the outcome?

Edited by seanamarts
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If you have evidence you attempted to contact your energy company regarding your account, as well as evidence you attempted to provide readings then personally I would be of the opinion I have done everything required to have the issue rectified and should a bill be produced for anything beyond the previous 12 months I would invoke the protection afforded under the Standard Licensing Conditions for backbilling.

In effect the longer it takes for your energy company to rectify the situation the further along they will be unable to backbill your account.

Strictly speaking a SAR needs to be sent by letter and personally signed however depending on how beligerent the company you are attempting to contact is they may honour your request by e-mail.

Keeping this forum informed of the outcome could well assist others who find themselves in a similar situation in future and no doubt further advice would be forthcoming should you seek it.

For now await the SAR response.

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If you want help then obviously you have to let us know the outcome.

After all the time you have been here, I'm a bit shocked that you didn't know that you could send them an SAR

Do you have evidence of the attempts to give the meter readings?

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Quote

Strictly speaking a SAR needs to be sent by letter and personally signed however depending on how beligerent the company you are attempting to contact is they may honour your request by e-mail.

 

Please disregard this, rather than being a requirement it is simply best practice as recommended on this website.

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3 hours ago, FruitSalad1010 said:

 

Please disregard this, rather than being a requirement it is simply best practice as recommended on this website.

Thank you

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Quick update on this. 

 

Ive been contacted by bulb, not sure they know what they are doing at this point, but here goes.

 

When the new meter went in, it was not updated to a normal meter on their system. 

A request has now gone in for me to be registered as a credit account. An account has never been generated for me, not a prepayment or a credit account.

 

Once one has been done they are going to send me a link to an online account. 

 

I havnt been told a time scale, (its been requested) have not been told if I will be billed for the previous 2 years, (also been requested)

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Ok another update and its all rather confusing, ive been trying to work this out for hours now and I cannot make any sense from it all.

 

Apparently the meter was put in on the 1st of April, I was sure it was July. However what makes sense is that I gave a reading in August, which I thought was for the month but it was for the quarter. I must of written it down wrong for a monthly reading, when it should have been written down as a quarter reading. I may have wrote the date down wrong when to read the meter.  However I do know that I contacted bulb a week before the meter went in, that I am very sure of. Which would of been about the 27th, They have it registered that I gave a reading on the 29th of March. However they have an opening reading from the 12th of March. 

 

Im confused with that date as I know I contacted them a few days before and they put the meter in as an emergency and was definitely done the following week. Despite my memory being shot at the moment I do have some dates written down and the date of the change is on my meter. However its a little hard to read, it does look like the 1st of the 4th but it can also look like the 1st of the 7th. I was with 2 previous companies so July would make better sense. I moved into the property mid January, EON was the provider and I changed that within the first month so would have been February, then I went with OVO and changed them as they couldnt provide the normal meter for about 6 months at the time so changed to Scottish power. I know I was with them for at least a month before I contacted Bulb as they also couldnt change the meter to a credit meter. 

 

So April doesnt seem to fit here. Im still trying to find any paperwork I might have to verify all this but I know everything was done via phone and online. I wish everything went back to paper bills, it was so much easier to try and trace back. 

 

Anyway they have done a closing account for the prepayment and im a little confused at this.

 

The charges from the 12th of March 2019 to the 4th of April 2019 are £376.91.  

 

Now I know that there is no way I put this amount in the prepayment meter. I had no heating on in that month, I remember it was such a mild Spring and I rarely had any heating on as this bungalow is very well insulated. The most I topped up in just one week was £25. So how they can justify that amount, I cant even guess. 

 

Im worried they will use this amount to estimate my usage. I still cant get to read my meter, even if I stand on a ladder as its so high up and it just looks like a bunch of zeros, Ive even taken a photo but it still looks like a bunch of zeros, even when blown up. It was hard to balance on a step ladder as it was with one hand trying to take a photo, so not the best.

 

Ive managed to get into a link they sent me, its a portal. The balance is showing nil owing. and there are no statements showing. 

 

So basically all they have sent is a closing balance on the prepayment meter and log in details for a portal with zero balance. Ive requested the meter be read. Which I keep asking for, but my landlord will come and try read it for me so I can send it. 

Im just worried when I do im going to get such a large bill I cant pay. These people just seem so elusive on what I should do despite asking these questions. The only answers im getting doesnt seem to make any sense. 

 

I know its partly my fault, I should of kept at them, but its not been an easy couple of years. 

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Until a company specifies exactly what they are seeking there is nothing definitive to dispute.

If later on it can be shown that they are at fault then the back billing protection will likely take effect.

Make sure you get a full and proper disclosure of data following the SAR you sent.

You have raised your concerns regarding the running of the account and it is now up to the companies you have contacted to state their position.

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Ive emailed them again as it seems they dont even know what they are doing.

 

They are asking for my bank details and to set up a Direct Debit with them, which at this stage im not prepared to do as Im worried they will just take what they want to, Ive had that happen before with Sky. I dont have DD anymore I alway use standing orders, but I cant set one of those up as there is no information on where I can set this up.

 

 

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Has your energy company indicated how much they wish to set up the direct debit for and on what basis this is calculated?

I agree with your position to decline to set up a direct debit, this keeps you in control of your money.

 

I think this is important considering it is widely reported that energy companies may adjust direct debits substantially in their favour with little notice.

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Posted (edited)

No they havnt stated an amount, its been set at zero at the moment however I can adjust that. 

 

Ive looked to see if there is another way to make a payment but so far I cant find anywhere, I keep checking and a bill or statement hasnt been generated yet. 

 

Im presuming once one has been generated then I can make a manual payment

Edited by seanamarts
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  • 4 weeks later...

Im still no further in this, they are taking almost two weeks to respond to my emails and they keep asking for the same info that Ive already given, Ive now requested that this complaint be escalated. Ive reminded them that they cannot charge for the two years but only back date it for the year, which ive now got the funds to pay and happy to do so. 

 

They cant even get their dates right. Ive never known such an incompetent company. 

 

Im getting daily emails now requesting me to have a smart meter. Ive heard so many bad things about these and not sure I want one, especially after such a cock up. 

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  • 1 month later...
On 20/07/2021 at 11:23, FruitSalad1010 said:

Have you received a response to the SAR you sent?

My apologies for not keeping this updated, but its just been so long winded and Im constantly waiting for Bulb to respond.

 

They have admitted that it is their fault, but want the ombudsman to get involved. I have put a payment plan forwarded to them and they have completely disregarded it, since telling me that I should involve the ombudsman. In the meantime, they are charging me £100 per month for my bills and every month I dont pay they are charging me £15 on top for late payment fees. The £100 doesnt include any repayment for monies owing.

Its just been calculated that over the summer months, using the last 4 weeks as a rough guide, I used £42, including standing charge. 

 

I have been in touch with the Ombudsman and they are willing to get involved. Ive just sent the details over to them and I need to make an account with them, however Im having issues with that too but Ive emailed them to get this sorted. 

 

There was for about 10 months an issue with a faulty water heater, so I can see why the usage was high. The faulty water heater was put in 10 months ago and had no idea until a 4  weeks ago that it had been leaking, so it was constantly heating up, i suppose like a kettle constantly on the boil. I was losing a tank of water every day. Yes my basement was incredibly wet but I rarely go in there. 

This was in no way my fault, the company who manufactured the heater has admitted liability, however they may not pay towards the bill as they wont know how much it would of used. 

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Again my apologies, Ive not explained how its their fault.

 

When my meter was changed over they didnt register it, I was their customer, but a prepayment customer under a different account number. They didnt change the account. They didnt send me bills or read my meter because they had me as paying PAYG, this is why they were confused when I called to give them a meter reading. But in hindsight I thought, regardless of what method you pay you would still need to give a reading. 

 

 

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You want to be cautious involving the Ombudsman, it may be that the Ombudsman makes a decision that attempts to validate the debt on the account that is over 12 months old where the back billing code would nullify it, provided the mistake is Bulb's.

 

The case resolution system by the Ombudsman leaves a lot to be desired, is very inconsistent and depends on the quality of the case officer investigating your case, which generally speaking is poor.

 

It would not be helpful to you if the Ombudsman makes a decision stating you have to pay back the debt in full, should you reject the decision and proceed to court in order to enforce the back billing code.

 

The Ombudsman cannot be relied upon to make the correct decision as they by and large operate as an industry concubine. If you choose to involve the Ombudsman, review their decision very carefully or post it here before accepting it.

 

What do you intend to do about Bulbs failure to respond to your SAR? If nothing it is unlikely Bulb will take you seriously when it comes to addressing your complaint in full.

 

With regards to the faulty boiler contributing to the debt on the account, perhaps you could make a best estimate of how much it contributed to your bills given your normal expected usage and how much your usage increased after having the boiler installed.

Edited by FruitSalad1010
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just a quick update

 

Bulb have back dated the bill but seem to be pulling a fast one saying that mow Im using £240 a month in electricity, That was my last bill. Estimated.

 

The final bill is almost £1300, from August to August. They want me to pay £250 per month to reduce the debt. They are not allowing me to change suppliers.

 

The ombudsman are willing to help but have not sent an email to an account they have set up, this has happened twice now so they have been as much use as a chocolate fireguard.

 

Im happy to pay off the bill, but I cant afford to pay the amount they are asking and they have refused a lower amount unless I give up my bank details to a debt company that they are in partnership with. 

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Look into the support services Bulb are supposed to provide to see if you qualify. Sometimes companies don't know about or are reluctant to provide the support they have agreed to offer their customers.

 

BULB.CO.UK

Find out about the support Bulb offers if you need extra help to manage your energy, or if you’re struggling with your energy...

 

We could do with some help from you.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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9 minutes ago, unclebulgaria67 said:

Look into the support services Bulb are supposed to provide to see if you qualify. Sometimes companies don't know about or are reluctant to provide the support they have agreed to offer their customers.

 

BULB.CO.UK

Find out about the support Bulb offers if you need extra help to manage your energy, or if you’re struggling with your energy...

 

Im registered on their priority care, however Ive just read that 1000s were accidently taken off of it between March 2019 and the end of last year, they were all compensated, but obviously I wasnt. I should have been offered the home front grant, which Ive had every year since 2013, apart from last 2 years. If they had offered it I would have found out their mistake sooner.

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