Jump to content


  • Tweets

  • Posts

    • I apologise if I was being unclear. Where it currently stands is that they will have it repair, placing scaffolding in our garden for 5 days. They have moved fast, but we will still have to postpone our contractors, meaning, we won't necessarily have the work done in time for the wedding and therefore will incur additional expenses for either a marquee or a wedding venue. They are vehemently against having any kind of liability in any regard but continue repeating that they are legally entitled to use our garden for their repairs (I believe this is true unless the work can be carried out using a cherry picker). The neighbour seems either indifferent or oblivious to the fact they can't reach all of the side of the roof from the space where they can place the scaffolding. They have asked their roofer of choice about using a cherry picker but the roofer has said it wasn't possible. It's not clear whether the roofer doesn't want to use a cherry picker or whether there is an issue with it. They have told us it is a problem that we are installing a gazebo as it will prevent them to access their roof from our garden in the future?!?  
    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think. She was an 'advocate'.. if I recall her intro to me correctly.. So verbal arguments can throw spanners in Court because Plinks dogs outsource their work and send a Junior advocate.
    • that was a good saving on an £8k debt dx
    • Find out how the UK general elections works, how to register to vote, and what to do on voting day.View the full article
    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Estimated Bills caused large debt


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4653 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

A friend of mine as just been told by his electricity supplier that they owe £900 accumulated over the last 7 yrs. As his meter has never been read in this time their bills are all estimated by the supplier.

 

This seems a bit unfair, does anyone know if owt can be done?

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

Link to post
Share on other sites

*Bump*

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

Link to post
Share on other sites

By law they must physically read a meter every 2 years. May have changed though re above thread. Definately contact energy watch though.

:p :p If my advice as been of help, please give me a quick click on the scales to your right ;) ;) :)
Link to post
Share on other sites

That is true unless the supplier can prove the following:

 

Code of Practice for Accurate Bills

 

Under what circumstances will suppliers agree not to charge customers for

energy used?

If the supplier is at fault, and the customer has not received a bill for more than two

years, then from 1st July 2006 any outstanding amounts that relate to energy consumed

more than two years ago will be cancelled. From July 2007, this will reduce to one year.

For customers on credit payment arrangements, suppliers will not be at fault where they

can demonstrate that they have taken all of the following four actions:

a) Attempted to read the meter at the customer’s premises within the last 24

months within the first year. From July 2007 onwards this will reduce to

within the last 15 months.

b) Provided opportunities for the customer to submit their own meter reading at

any time on any day

c) Ensured that it was clear on the bill that energy consumption had been

estimated

d) Used a system to ensure estimated bills relate to foreseeable actual

consumption (that is, the estimate was based on previous history, where

available, or on average energy consumption for a similar type of property)

Where the customer pays by direct debit, in addition to a) and b) above, the supplier

must be able to demonstrate that it has taken all of the following actions:

. the customer has been correctly set up on their billing system by both taking

deductions from the customer’s bank account and sending statements to them

. within the last 24 months in the first year reducing to 15 months for year 2

onwards it has re-assessed the customer’s direct debit payment to ensure that

the payments are sufficient to meet (either the actual or a reasonable estimate

of) the customer’s energy usage.

 

Now to play Devil's Advocate......

 

Were any bills received in this period, and if not why was this not questioned?

 

If bills were received but estimated, were customer's own reads provided?

 

Essentially this comes down to dual responsibility - the supplier is responsible for billing the account, the customer is responsible to check the suppliers bills are accurate.

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

If you find the advice useful please click on my scales.

Link to post
Share on other sites

As long as the bills clearly state that they're estimated, and the meter reading agency the supplier uses have a record of attempting to call at the property, I'm afraid there's not a lot you can do in this case! Your best bet is to follow their complaints procedure first of all, they won't write the bill off but they may reduce it as a gesture of goodwill. Going straight to Energywatch in this instance would only cost you time, as they will want to give the supplier's complaints procedure a chance to resolve the matter before they get involved (although DO go to Energywatch if they won't budge).

 

I'm afraid the 1 year billing rule wouldn't apply in this case - that rule is designed to protect customers who haven't been billed AT ALL for a long period, not those who've been billed incorrectly.

Link to post
Share on other sites

Thanks, one & all, for the advice. I'll get my friend to ask for heir complaints procedure and take it from there.

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

Link to post
Share on other sites

  • 1 year later...

We just had our first bill from NPower after 2 years of ringing and asking why they werent coming. Energywatch actually got them to come and fit a new meter because it was a key meter and overcharging. Is there any way we can get the old info given to energywatch so that we can take NPower to court for not billing us? Maybe we might get some compensation as now we are in a state with outstanding balances due to never knowing what we owed.

But they say they sent the bills and statements for the key meter out and we never have had them, how do you prove something like that? The second meter is a normal meter, but we could compare the prices to the £30 per week ones we got on the key meter, its all a big mess.

cheers

 

Whittersx

Link to post
Share on other sites

i work for a utility company in it back office and have done so for 28 years.

your electric meter has to be read once every 8 quarters, gas once every 4 quarters.

 

If the company have returned to you 12 month's worth of estimates they are bound by OFGEM to apply compensation units to the account which reflect total compensation for thew whole of the non read period.This is under licence condition 5 and applied via Of gem's late billed policy.

 

Be warned they will throw D10's (data flow) at you - that is a record of no access of the meter reader

 

But stick to your guns you have the weight of law on side

 

If you have any further questions on utility's gas and electric please post them on here and i will answer.

 

I have experience from billing process to collection process and right of entry warrants

Link to post
Share on other sites

  • 3 weeks later...

Hi, after living 3.5 yers in a flat and receiving only estimated bills I was presented with a final charge of £3.100.

 

When the first call was received my wife called Powergen (now e.on) and asked them to check the meter as we could not find it. I now know that it was outside on the hall with public access.

 

E.on did check the meter regularly but never actually charged us based on the readings, they have estimated for more than 3 years.

 

Now they are recalculating the charges to reflect the actual prices, so the 3,100 has gone down to 2,500. Still a massive amount.

 

We are 2 people working full-time and adding 2,500 to the 1,000 we were charged over the period we get a total of £3.500 for 3.5 years that sounds more than others with similar life style and appliances pay.

 

Ultimately I was never warned of my consumption and this has lead to consuming more than I actually would/could or the inability to check for a faulty or misconfigured appliance or meter.

 

I would be very grateful if I could get an opinion of whether e.on has to write down some of the debt or not. I am not refusing to pay and I take responsibility for not having checked the estimated vs. actuals while I was there. I understand that not knowing is not a reason. But surely they have a share of responsibility for knowing and not telling, this is effectively the same as not showing up to read the meter for 3.5 years!

 

Cheers

Link to post
Share on other sites

if powergen have not used any of the reads supplied by the data collector for that past 3 years you must ask them to consider applying latebilling/back-billing policy to your account. IT means that if they have been not using information presented to them they must under OFGEM guidelines write off all but one year consumption and offer to spread the totally amount left owing over a 3 year period.

But you have to prove this ask E.on subject access request to all notes, bills and data flows that are kept on there system.All so ask them to supply you with copies of all data flows numbered d10, d4. d86 and d146.

 

from d86 you can get your start read.

D10 is your normal cyclic mete reading

d4 is list of failed to read meter reading

d146 is meter change details.

 

Get this and compare all your d10 to there bills they have provided if they not used the readings u have got them and can force implementation of the back billing policy. It takes awhile to do this but utility d10's are easy to read, once you have this info pm me thought this forum and i will tell how to read the d10.

Down let them put you off just keep pushing till you get ya data

Link to post
Share on other sites

Did they say why they didnt use the readings out of interest? They have already admitted that the meter had been read but readings ignored? If the DC has been reading the meter but the readings have been thrown out and not used then this will come under Operational Loss which is part of the billing code, ie the utility company have got you into debt unnecessarily when the readings had already been supplied. As Verycatchy has already stated, in this case they will only be able to backbill one year. Did you ever call them and provide your own readings at any point by any chance?

Link to post
Share on other sites

Hi Verycatchy and Clare, thanks for replying!

 

I have been escalated to the manager's manager now as e.on revised the bill based on the actual readings and offered me a 15% discount for full payment instead of 36 installments.

 

I honestly think they have offered me nothing because recalculating based on the actuals is the least they could do and they are likely to loose 15% or more whenever they sell the 36-month-installment debt to a debt collection firm.

 

I don't want to be unreasonable and I would like to settle, but if OFGEM has defined that in this kind of dispute the border line of responsibility to the customer stops at 12 months then that's what e.on should be offering.

 

We have never read the meter while we were in the property. The first and last readings were made by the lettings agency. My wife called e.on when our first bill arrivecd and asked them to check the meter because we could not find it (I now know that it was behind a door on the hallway that required a key that anyone can get on a hardware shop). In any case e.on agreed to make the readings and they actually did it regularly. The reason they never charged me based oin the readings is because there was a change on the meter right before I moved in and the serial number didn't match the number in their system.

 

I don't think e.on did it on purpose, and I certainly didn't get into this mess on purpose either, but it is staggering to see that they will not offer what has been defined by ofgen. I've raised the backbilling regulation with them and they said it didn't apply to me and that I would loose any appeal.

 

The manager helping me was very friendly and nice and perhaps she just can't offer me anything better but this does not mean I have to accept it.

 

Thanks a million for your inputs and I will post whatever happens. I will request all the data that verycatchy suggested but they have already admitted their fault on not using the readings.

 

Take care

Link to post
Share on other sites

Hi

 

Unfortunately, Eon are right, the billing code would not apply in this case then. If the distribution did not notify Eon of the change of meter, they would not have known so could only send estimated bills based on the previous occupants consumption. Did they ever write and ask you for meter readings? Normally they will send a letter if the bill has been estimated for a long period of time.

Link to post
Share on other sites

afraid e.on are hiding behind there data collectors.But they have duty to provide you with an accurate bill , which they have not done.So i would still do the SAR for your records and still write and complain and if they still stay the same take them to the electricity supply ombudsman for a ruling.The energy companies are scared stiff of the ombudsman because each time they use it they have to pay a fee.

At the end of the day it's e.on's fault because they appoint there data collectors and there is a case in law " Newcastle borough council v npower 2003" that ruled that the energy companies are responsible for all 3 party actions weather it be there data collectors or debt agents( Licence condition 19)

So push it and use. this ruling and they have to appliy back billing policy to the account.

the key to all this though is the SAR and how you d10's and d4's look in comaprision to your bills.Keep going pay them an agreed amount and see where this goes.

Link to post
Share on other sites

  • 2 weeks later...

Nah I hear the whole accounts been estimated for years sob story all the time. I would have given you 12 months to pay by dd, nothing else, and nor would my manager. And im sure ofgem will agree. Ive never come across an meter that has a larger than 12 month gap between D4s (failed reader attempts) Yes all bills clearly state they are estimated so if you couldnt/refused to provide access to meter readers and never bothered reading your meter youonly have yourself to blame. If a meter isnt read for 18 months we at ******* will try to contact you which again has obviously failed here.

 

One useful point i have for you is to make sure your catch-up bill is spread out if your prices have increased at any point during the period that has been estimated.

 

Cheers

Link to post
Share on other sites

I work as a meter-reader in Norfolk. Maybe playing devils advocate here, but I suspect that some of the people who end up being undercharged for electric/gas because of no readings being obtained, refuse to allow a meter-reader access to read their meter. Only came across someone the other day living on the edge of the Norfolk Broads, after posting a call-back card through her letterbox the previous day because she wasn;t in. She claimed that I called too early in the morning (weekday morning at 8.30!) and said she had to go to work soon. Contradicting herself there then! I did point out politely that I tended to call quite early in the morning on call-backs so I specifically catch people at home before they go to work. She said "you're not reading it" and closed her front-door! I ask you, some people. She clearly was not in a rush to get to work. She even opened the door to me initially as I was walking down her driveway (I hadn;t even got to her front-door, let alone knocked on the door).

 

I definitely agree with the previous poster that some people are asking for problems in the future. There should be laws introduced to prevent this type of unacceptable behaviour from a minority of people. They are trying to get away with paying less than they should - this is basically robbery to all extents and purposes.

Link to post
Share on other sites

i work for a utility company in it back office and have done so for 28 years.

your electric meter has to be read once every 8 quarters, gas once every 4 quarters.

 

If the company have returned to you 12 month's worth of estimates they are bound by OFGEM to apply compensation units to the account which reflect total compensation for thew whole of the non read period.This is under licence condition 5 and applied via Of gem's late billed policy.

 

Be warned they will throw D10's (data flow) at you - that is a record of no access of the meter reader

 

But stick to your guns you have the weight of law on side

 

If you have any further questions on utility's gas and electric please post them on here and i will answer.

 

I have experience from billing process to collection process and right of entry warrants

 

Hi verycatchy7939

 

Would it be possible to private message you before I put my query online to avoid too much info being given out?

Thanks Enidan

Link to post
Share on other sites

Nah I hear the whole accounts been estimated for years sob story all the time. I would have given you 12 months to pay by dd, nothing else, and nor would my manager. And im sure ofgem will agree. Ive never come across an meter that has a larger than 12 month gap between D4s (failed reader attempts) Yes all bills clearly state they are estimated so if you couldnt/refused to provide access to meter readers and never bothered reading your meter youonly have yourself to blame. If a meter isnt read for 18 months we at ******* will try to contact you which again has obviously failed here.

 

One useful point i have for you is to make sure your catch-up bill is spread out if your prices have increased at any point during the period that has been estimated.

 

Cheers

 

it seems we have someone who knows little about how the industry works! you sound like sum kind of call centre half trained expert.You should be careful about giveing wrong advise.No wonder the industry's in such a mess.

Link to post
Share on other sites

Ive never come across an meter that has a larger than 12 month gap between D4s (failed reader attempts)

 

Well there is a fact, a meter will not show D4's, A D4 is a process not a meter function so a meter will never show either way.

 

I really gotta agree with Verycatchy, you are working from a script with very little knowledge, this is not a comment to judge your experience is is a fact based on the poor wording of your post.

 

I recognise your wording from the scripts I have previously trained out and managed my teams to ensure they stick to it.

 

Do not ever assume what your manager will or wont do, they have to follow the law and this is in place to protect consumers and your company will have teams set up to deal with these issues and they will rebill and refund once correct excalations are in place or they can and will get heavy fines, you are on a front line call centre team so you will have to follow a script regardless if what is right or wrong and are only taught what you need to be.

 

Bit of advise for you, never use termonology like "sob story" every person you speak too is an individual and a real person with possible families are circumstances, scripts are good as a guideline but each person is unique in their own way and should be assessed based on there own account which is not always straight forward.

 

Just because you have never seen estimations running over 12 months does not meen it does not happen, trust me your company will deal with thousands of these a day, it does happen and is very common and over 40 per cent is meters outside the property that are easily accessible.

 

One more tip, dont use the word ovbiously, nothing is ovbious in the real world.

 

My experience comes from being team manager at British gas and team manager from Powergen on a specialized team.

 

 

Link to post
Share on other sites

just to let everyone know i have had 29 years industry experience in various Senior management roles at what is now Scottish and southern and Scottish power. I stared as a clerical assistant in the old civil service day's.

D4 being missed are common hundreds of them have been missed greater that 12 months.And we wont go in to the Siemens data hole from 1995 to 1999 when they all all the prepayment meter payment are reading data was lost. The industry i love is in a mess and it takes place like this to help get our companies back on track.So if u got any silly advice keep it to your self please.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...