Can a gas and electrcity supplier URGENT

johnjames1

The "account and house is in my wifes name." I am the legal enitity of DMS not my wife. They combined a domestic contract with a business contract when a request was made for another account under the business. As ID's at the time we took in all they said. The had 5 months to correct matters and totally ignored them also evidence that I am the legal entity of DMS. Not my wife.

Cannot combine the two and we found the form for the mobile was altered after being sent. Holding account they knew about with the bank. They were also offered payment of Gas and Electric and these forms show my wife not the business.

Apart from the voicemail message and another telephone call they put nothing in writing not even statutory letters and also CPR letters.

Because they were invocing DMS and incorrectly at that, if I went bust all services would have been cut off even though the accounnt is in my wifes name but invoiced to DMS and my wife has nothing to do with DMS.

Asset protection seperate accounts etc I dont own the house. yet they took my wife to court where their case got thrown out!

We did not even ask for a business account it was an accountant who pciked up on it as the bill was being paid through the books then 95% of it credited back. Plus we nearly got fined as they are not valid VAT invoices. (3 VAT numbers)

THEY have to prove a legally binding contract not us. And they did not do so to the court but we had to play it crafty due to the Energy Ombudsman Involvment.

In another track they even admit to issues on the account but refuse to even discuss them.

We did not ASK for a business account it was only when paperwork and a dispute arose we knew it was a business account. (I did find a letter stating it was a business acount but we both open letters up and if I had found this before I would have gone ballistic.

The fact also the just invoiced DMS not Mr.A.N.other T/A DMS also makes them invalid under HMRC rules.

Also saying they would win in Court did not go down very well.

There was also no warning it was classed as a business account just Invoicing details if different and they altered the form as stated. "use exisiting" and "scrubbed out the requested different direct debit date."

Refused data subject requests and CCA1974 requests which means they cannot enforce the other part of the account in any case as it is in default.

They have to PROVE IT. (Wilson case)

littletommytucker

As advised to you on the phone calls several times... You did NOT have a business account, hence the fact that you were charged 5% VAT and not the standard 17.5% business rate VAT.

You were advised, that because you run a business from your residential property, the company took a business decision was made to disqualify you from the unlimited calls. This does not mean that you had a business account with them.

From what I can gather from your phone calls, the copy of the contract of which the gentleman on the telephone call had in front of him, shows that you asked for the invoicing to be addressed to your company, however the contract is in your wife's name - you go on to suggest that someone in their office has doctored this document.

Are you trying to suggest that you have found a legal loophole and therefore you should be exempt from paying for the services you have received over the past years?

Besides, even if this was your case, as a domestic user of gas and electricity you are in an automatic contract to pay for the goods anyway, regardless of whether or not you have signed any documents or even ever spoken to the company of which the service comes from.

Secondly, you have taken it upon your self to recall all the payments you have ever made to this company, regardless of the fact that you have happily being using their services. How would you like it if they just dipped into your bank account and took an extra £5000?

After listening to all your call recordings, apart from learning your name, address details, account passwords etc. (which shows what a fool you are to publish these on the internet) I still don't actually understand what it is that you are wanting? Have you recalled all your payments because you simply don't feel you owe any money to this company?

Premier_2

johnjames1 wrote: »

..I am the legal enitity of DMS not my wife...

...The fact also the just invoiced DMS not Mr.A.N.other T/A DMS also makes them invalid under HMRC rules...

So you agree DMS is not a separate legal entity? How did DMS go bust and you didn't?

Please seek independent legal advice

Premier_2

DVardysShadow wrote: »

johnjames1, if you are going to get anywhere with this, you need to be able to write a more coherent account of what has happened. If you take it to a complaints body outside of the supplier, and you are that incoherent, your complaint will firstly be pushed to the bottom of the pile and secondly, if the supplier then responds with a reasonably written timeline, you will lose almost automatically, because no one will understand you or even want to spend the time trying to work out what your complaint is.

I think DVardysShadow makes a very valid point.

You (johnjames1) fail to keep to the point, very much like you have done in this thread. e.g. take a look at your original OP and see how you have deviated on almost every post from the point(s) you were attempting to make in the first (or even previous) posts.

You need to establish the basis of any claim (or defence as it will now probably be), make it and stick to it.

Please seek independent legal advice. You really do need it.

johnjames1

I am not going to go into too many details. Warrant illegal to be paid back as compensation. To give a full break down of what they have done. They should not have classed it as a business account (one was never requested) and when eveyone became involved it was a domestic account not a business account in any case according to them.
The document is quite long and we are still awaiting further parts. Incidentally we wanted only a mobile phone under said business not the whole lot so this has caused a lot of aggro with accounts being one bill.

As stated there is a lot I could not say but once it is all over.............

:money:

johnjames1

First of all they were offered payment of gas and electric but wanted the whole amount for the other services without providing a legally binding contract. They put it as a business account then changed it when eveyone became involved. As per prvious post.
Its either a legal business contract or a legal domestic contract or no contract. They cannot changed the account contract as they see fit. AS to the DD recalls if they had been legit they would have been able to claim them back. But they have been billing a non legal entitity.
Even TS said "why would they not bill in the persons name then they would get there money?"

If you had listened to the other phone calls you would have heard them say "even if it was a domestic account" then "it is a domestic account"

Also HMRC saying thats an illegal VAT invoice and also the ICO state "that is and illegal breach of the Data Protection Act.

Also you would have heard their refusal to put anything in writing which includes statutory letters they are required by law to send out.

Regardless of what they were also informed that the money was held in an account with the bank.

How would you like it if you were threatened to have ALL your services cut off because they regarded it as a business account then when complaint was made a domestic account?

The fact is also with liability you have to invoice sole traders as Mr A N Other T/A Del Boy.

They had months to sort the issues out but did not and if you listen they admit they KNOW there are issues but REFUSE to discusss them. They also altered the "application form" after it was sent and without the person knowing this voids said contrat.

As stated they were offered payment for gas and electric but refused it. As to the warrant money they spread this across the services and did not take it off just gas and electric

John.

johnjames1

:j
My excuse is post-traumatic stress disorder! A few concentrated facts. Invoicing abc was not requested and it is not an invoice addressed to no one. So we had to alter tax and vat for four f**cking years and got fined for the pleasure of being honest. All the company had and still do is invoice correctly. In affect under various acts no one has been contacted for years. We would have been none the wiser if it was not for a HMRC inspection and what the !!!! are these?
They even admitted they knew this was all they had to do.
As to the accounts A being the one running for years, they backdated A (even though it was paid up) opened up another account B put this in arrears back 6 months made us pay it so we could change opened up another account C which was clear, then opened another account D credited it with the amount that B was said to be in arrears and placed the amount against A.
One of the reasons why I also ask for peoples experience is that most of the companies dealing with complaints only deal in a small focus area.
Once they correct invoices then HMRC will be happy if a letter dropped onto your doorstep to abc would you open it, more is the case would it be legal for you to open it as it is not addressed to you!