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


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I have filed a strike out and there is no guidance under cpr at all on submission of the application to the other side? 

 

I presume if this application is being heard at a hearing then I have to supply the other side in good time for it to be valid in court on the day? 

 

You would think as a litigant the courts would give you at least some basic guidance on this for £275 💷🙄

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Did you tick that you required a hearing on the n244 ? why are you presuming ?  if you have paid £275 then that is with a hearing. Obviously this type of application requires a hearing and if you fail to serve a copy of the application and supporting evidence then the other party can easily set it a side.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23/pd_part23a

 

Andy

 

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Hi Andy it gave the option of ticking not to be heard at a hearing. I am presuming that the whole application to strike out has to go into the courts again specifically for that SO hearing that also coincides with the SA hearing. 

 

Cheers 88

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Applications for strike out or summary judgment usually require a court hearing as they can be quite complex and not really suitable for teleconference or without a hearing.

 

 SA hearing ?  What is that ?

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Would be far easier to advise if you had posted the full details in your initial post ...who is making the application to set a side who is making the application to strike out are you the claimant or defendant ?

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Got it thanks I just wanted some basic advice on direction to be honest and it seems from the CPR guidance given that any SO has to be served in good time to all parties so worth copying all concerned into what is a new application separate to the current case hearing.  And possibly separate to what has gone to be considered into the courts via that SO application. 

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Well possibly not without details of who has made what application or whether you are the claimant or defendant...nothing is clear-cut without the finer details.

 

Best of luck 

 

Andy

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Posted (edited)

I agree with Andy.

 

Definitely. 100% yes.

well, probably - maybe.

or even : certainly not.

 

The issue is “cloak and daggers” / no real detail means that no one can answer in any way that they can fully rely on.

 

in general, though, (and to the general rule you can usual add an exception and then an exception to the exception!), but in general if filing something with the court it is wise to serve a copy on “the other side”.

It isn’t always required but you are usually better off doing so and not being open to accusation of “ambush tactics” and set aside from not providing them with a copy.

Edited by BazzaS
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Hi Guys in my statement of case can i mention the claimants previous conviction? I am aware it can be contempt of court or is this in relation to witnesses? 

 

 

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