Lowell PAPLOC now Claimform - old E-ON £3K+ bill

[BankFodder]

Okay. Are you prepared to sue them for distress caused by the breach of the data protection act?

He would see the money for about £100 simply to get them moving on this. And to attract their attention

[autumn53]

Thanks for your patience with me. I have been reading the posts here about the process.

 

Yes I will talk to my husband when he comes home and see how he feels about proceeding. Thank you so much for your time and prompt help. 

[autumn53]

Hi my husband has chickened out. He says he will pay-up. Says he'll work harder and set aside a monthly sum if EoN agrees. He is like that. Towing the line. 

 

Please forgive us for being compliant and meek. We have never done this before, taking on a giant firm like this. Only claimed PPI with Barclays once long ago when we were young with a lot of help by kind people here. But back then we just raised the SAR followed by a letter requesting refund and the money came to the account a few weeks later.

 

Will it be worth a try to request Eon to lower the amount and allowing us a monthly direct debit?

 

 

[BankFodder]

Don't worry. I understand .

You may as well keep on hassling for the disclosure of the SAR .

Why don't you send them a letter and point out their error and the fact that you are still waiting for the disclosure and that they are in breach of statutory duty.

 

You could also complaint to the ICO

 

 

[dx100uk]

going all the way back to post 1

 

surely they cant its against back billing rules.

[autumn53]

It is depressing to see Eon getting away with this robbery and hubris. I will talk to my husband again as I cannot watch him burn himself out to pay these people. Meanwhile, I have been staying up a lot,  very anxious wide awake up until the morning. Always a constant undercurrent of this debt's fear.

 

I think suing them for not responding to my husband's SAR will be a good start. Unfortunately, I have only the digital copy of his SAR and no proof of postage. I do have the receipt for my Royal Mail Recorded Delivery for that Reminder we sent.

 

The Small Claim process itself seems very simple and smooth from what I gathered reading up here.

1. We need to write a Letter Before Action giving 14 days to Eon to which they may or may not make a counter claim.

2. Following this we will need to prepare a Claim Form and pay the fees. I hope this is up-to-date. I may have misunderstood though.

[BankFodder]

No - that's right

[autumn53]

I have somewhat got my husband to give me a green signal to start the process.

 

Should I start with directly complaining to the ICO about EON not responding to the SAR? I assume an LBA is not required at this stage.

 

I am meanwhile gathering all my paperwork noting all events so far including details that may be needed from time to time. 

[BankFodder]

In view of the stress that this is causing you, it may well be an idea to complain directly to the ICO and if eventually you can get a view from them that Eon have "probably" breached their obligations, then this will be enough to set off litigating with confidence.

It may also move them to produce there disclosure. However, given the pain they have caused you if you do get that opinion from the ICO then some damages for the distress will be almost automatic and I would suggest that you go ahead and begin litigation.

It will be easy, quick, you can do it with confidence – and it will encourage you if you have to follow the same route with them or anybody else again.

However let's cross that bridge when we come to it 

[autumn53]

Thanks a bunch for your reply.

 

I have filled the Personal Information Complaints Form I got from here. Thanks for this too.

 

Please, I have a few questions.

1. Can I be acting on behalf of my husband in the complaint to ICO? One of the fields in the form allows that.

2. Will the above need a letter from him and can this all be done online.

3.  I have no supporting evidence of having sent his SAR to satisfy one of the fields in the form.

 

[FruitSalad1010]

The exact wording used by the ICO you can expect if they agree with your view is "... are unlikely to have complied with their data protection obligations..."

[autumn53]

Yes perhaps. Thanks Fruit Salad.

 

[autumn53]

I am attaching this letter with the form that I will submit today online to ICO. Please could you see if I have mentioned something that may weaken my position. 

 

Quote

 

Dear Sir/Madam

 

May I politely bring to your notice that E-ON Energy have failed to respond to my Subject Access Request dated 17th January 2022 and subsequently to my reminder letter about the same dated 23rd February 2022. The former was sent via Royal Mail Signed For service and latter using Royal Mail Recorded Delivery Service.

 

Kindly note that both my wife and I have been deeply concerned about a large bill E.ON Energy posted to us in the month of December. This bill belongs to a closed account number xxxxx for a shared (with a large chicken farm next doors) electric meter and is to the tune of £3277.28

 

I paid for this shared meter’s usage via monthly Direct Debit to E.ON Energy and have no information on the other user. I later transferred this account in my wife’s name when a monthly Direct Debit was set in her name in 2020.

 

This shared electric meter no longer supplied us electricity since a separate new meter was installed on our own property on 28th July 2020. At this point E-ON closed account number xxxx and started us on a fresh account tied to our own meter unique to us.

 

Several stressful phone calls later E.ON Energy continues to remind us of this debt via text and email, mentioning late fees, to which we strongly feel they need to check their records. No amount of politeness and patience from our side seems to resolve this matter. To add to this, I am unsure if they can present a bill to me in 2022 for an account that has been closed since 2020.

 

We are a middle aged couple with health related concerns and are finding it increasingly difficult to cope with this breech of peace even after having never missed or delayed a payment to E.ON.

 

We feel it is our right to have all documentation they hold pertaining to us such that we are able to look into the reason for this disproportionate amount. They have supplied my wife with her details upon her SAR to them, but have failed to do the same for me. Please may I also clarify that both, my wife and I have held the said account with E.ON at different times as stated above.

 

I also hereby allow my wife Mrs. xxxx to deal with all communications with all concerned parties in the above matter.

 

[BankFodder]

I haven't looked at it all yet – but I can tell you that my first impression is that it is far too long and you are going into all sorts of personal detail which is totally irrelevant.
It needs to be completely factual and relate simply to the breach of statutory duty

[BankFodder]

I hope you won't feel too demoralised but I have crossed out all the information which I think is irrelevant – and I'm afraid that is the bulk of your letter.

I think what is relevant is the reminders that you have sent them, copies of the subject access request and any other messages that you have sent them relating to your request.
Their duplicate disclosure to you of material in place of the statutory disclosure that they should have made.

One thing you have to realise is that these people who work in the ICO – like most other offices of this kind, want to get through their correspondence quickly. They don't want have to do a triage of stuff which is relevant – and the rest which simply amounts to a rehearsal of the substantive problem that you are having with Eon.

The fact that Eon may be overcharging you, is not a problem of the ICO at the moment – although later on if you manage to establish the truth of it, then we will have a new complaint against them to the ICO for inaccurate data processing.
However, you aren't there yet

[autumn53]

Thanks a lot for helping me with this. Yes I get the picture. Short and focused. 

Thanks

 

 

[autumn53]

I posted the Email on the same day. There has been no automated response/acknowledgement from ICO. I know the actual response will take a while. But am hoping I used the right email address. 

[email protected]

[BankFodder]

I don't know if that is the correct email and maybe it is a good idea to telephone them .

Important thing is to get a reference number .

I'm afraid that GDPR has been a failure to the extent that it has created a huge amount of extra work for the ICO because companies now are so aware, but it hasn't been accompanied by resources .

 

 

You used to be able to make a complaint to the ICO and you would get a reply within about 10 days or 2 weeks.

 

Now. It can take months and only if you are on the case

 

 

 

[autumn53]

I was just on the phone with them as suggested by you. They had not received my mail and I was asked to fill their online form here. Got auto email from them once I submitted the online form, although this does not have any reference number. Hopefully, they will send me one soon. I think I can see how the Data Protection laws can generate a flood of enquiries for the ICO.

 

Thanks very much.

[autumn53]

I just called ICO and was given a reference number.

 

Meanwhile, EON have texted and emailed me once again their payment reminder.

[BankFodder]

I suggest that you respond to them and tell them that the amount they are seeking is in dispute, that they are in breach of their statutory duty to provide you with your data and that a complaint has been made to the ICO under reference number XXX.

It won't make any difference – but at least you have a paper trail and you can show that they have been put on notice.

[dx100uk]

Should it also be time to mention the back billing rule might well play a part too now?  Or could that be seen as partial admittance to some owed  figure exists..??

[autumn53]

Thanks a lot for looking into this.

 

I have written this and am planning to send this via EMail to EON.

 

Quote

 

To

E. ON Energy

 

Closed Account number  000000000

 

May I please bring to your notice that I have been receiving email and text reminders for a bill that is currently under dispute the closed account number 0000000

 

May I add to this that my husband Mr xxxxx, who I act on behalf of also held this account for a certain period of time initially and was paying for the bills via Direct Debit to you. He awaits your response to a full Subject Access Request that he sent to you via Royal Mail on 14th of January 2022 followed by a reminder for the same on 18th February 2022 to which there has been no response from your end and a formal complaint has been raised with the Information Commissioner’s Office under the current Data Protection Act.

 

Please note that the said account was linked to a shared electric meter between our property and a large neighbouring farm building. My husband Mr xxxxx and I paid for this shared meter’s bills presented by you to us via monthly Direct Debit to E.ON Energy and have no information on the other user. May I also mention that this disputed bill has the neighbouring Farm’s address not mine. This suggests that there is some discrepancy in your records.

 

Please note that our address is

Our House

ABC 

Post Code xxxx xxxx

 

NOT

 

Chicken Farm

XYZ

Post Code xxxx xxxx

 

The above is the neighbouring building’s address. This is the address that the disputed bill mentions as mine with my name on top. This indicates that your records are not up to date.

 

No amount of politeness and patience from our side seems to resolve this matter. To add to this, I am unsure if you can present any bill to me in 2022 for an account that has been closed since mid 2020. It would be termed as back billing and is certainly a financial malpractice if not prohibited by the Law.

 

We are a middle aged couple with health related concerns and are finding it increasingly difficult to cope with this constant breech of peace even after having never missed or delayed a payment to E.ON Energy. Keeping in view the address on this bill is that of our neighbour with my name on top.

 

We feel it is our right to have all documentation you hold pertaining to us. You have supplied me with my details upon my Subject Access Request, but have failed to do the same for my husband Mr xxxxx who I represent (permission attached).

Thanking You

 

 

 

I hope my wording doesn't admit owing anything to EON.

[dx100uk]

sorry but if you want anyone to understand that, least of all EON who seemed confused enough to date, thats totally unintelligible as to what you are trying to explain.

 

 

[Manxman in exile]

@autumn53  -  you haven't explained what period this disputed bill is meant to cover.  You've successfully posted the front of the bill twice, but you haven't shown the reverse where there ought to be an explanation of how they have arrived at the billed amount - and what period it covers.  How is the amount broken down?  As others have said, they shouldn't go back further than 12 months unless you have been obstructive or uncooperative in providing readings or have prevented readings.  Doesn't sound as if you have been.

 

And, presumably, although the disputed bill shows "the chicken farm's" address, it also has your name or your husband's name on it?

 

When you bought the house back in December 2018, did neither your surveyor nor your conveyancing solicitor draw your attention to the lack of a meter on the property and the potential problems this might cause?  (It's nearly 30 years since I was last involved in buying a house so I'm a bit hazy on the details but I'd have expected this to have been highlighted at the time).

 

After you moved in and set up a DD with E-on, did you not think to provide a meter reading to E-on, and when you couldn't access the meter in "the chicken farm", didn't you think to address the problem at the time?  Presumably E-on were unable to access* the meter too?  And before setting up your own account and DD you just paid "random" bills as they turned up?

 

And after over three years you still don't know who owns the property next door where the meter that originally supplied your property is situated?

 

Apologies if I sound critical - I don't mean to be.  I'm just trying to understand what has happened and how it could have happened.  And what steps you have or have not already taken to resolve this.

 

Ignoring the back-billing issue for the moment, if the bill is based on a correct* meter reading (and that may be a big "if") then I'd have thought it more likely that the debt is owed by the owners of the "chicken farm", unless your own electricity consumption is exceptionally high**.  Who else but the owners of the chicken form would have been consuming electricity via that meter before you?  (Who occupied your house before you?)

 

*If the disputed bill is based on a correct meer reading, it sort of raises the question how E-on got access to the meter.  Has the original meter been replaced with a smart meter at some stage?

 

** Is your electricity consumption ridiculously high?

Edited March 26, 2022 by Manxman in exile