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Npower versus the vulnerable? Court Challenge
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A determined consumer, who is unemployed and thus financially struggling has now been living without electricity, adequate hot water or cooking facilities for some 22 months after refusing to allow Npower to bully their way into fitting a pre payment meter against their express wishes after having refused an offer of full and final settlement which was in line with an Ombudsmans earlier suggested resolution (but which the consumer had been unable to meet at that time).
Npower have ignored the consumers express instructions to remove their meter etc from the property
They also repeatedly refused the customers suggestion of Mediation, to agree a resolution with either Consumer Focus or the consumers MP
Npower have also, it appears unilatterally decided that there is no "genuine dispute" during this time, despite a Judge setting a two day trial (and another subsequently commenting he could see it running to three). The Electricity Act is clear that in cases of "genuine dispute" neither a PPM or disconnection may be imposed.
Npower were thus ultimately forced to take up the consumers original challenge of taking the matter to the Courts.
A defence was filed to the claim which Npower sought to have thrown out in just 20 minutes as "showing no reasonable prospect of success"
The District Judge refused Npowers application and allowed a counter claim (then of over £240,000) to stand
A trial should have taken place last November, though Npower managed to get it adjourned on the basis of a witnesses unexpected holiday.
The consumer is to challenge Npower's claim to a "deemed contract" (arguing they had failed to comply with License conditions) and a "right to supply the property" under that claimed deemed contract and transfer objection on the grounds of debt using a range of legislation, including Consumer Protection and Human Rights law.
Npower rely upon the Electricty Act
A new trial date has yet to be set.
Costs for someone may be substantial in this case but the ramifications for the deemed contract and transfer objection should Npower lose may be far greater!
Npower have ignored the consumers express instructions to remove their meter etc from the property
They also repeatedly refused the customers suggestion of Mediation, to agree a resolution with either Consumer Focus or the consumers MP
Npower have also, it appears unilatterally decided that there is no "genuine dispute" during this time, despite a Judge setting a two day trial (and another subsequently commenting he could see it running to three). The Electricity Act is clear that in cases of "genuine dispute" neither a PPM or disconnection may be imposed.
Npower were thus ultimately forced to take up the consumers original challenge of taking the matter to the Courts.
A defence was filed to the claim which Npower sought to have thrown out in just 20 minutes as "showing no reasonable prospect of success"
The District Judge refused Npowers application and allowed a counter claim (then of over £240,000) to stand
A trial should have taken place last November, though Npower managed to get it adjourned on the basis of a witnesses unexpected holiday.
The consumer is to challenge Npower's claim to a "deemed contract" (arguing they had failed to comply with License conditions) and a "right to supply the property" under that claimed deemed contract and transfer objection on the grounds of debt using a range of legislation, including Consumer Protection and Human Rights law.
Npower rely upon the Electricty Act
A new trial date has yet to be set.
Costs for someone may be substantial in this case but the ramifications for the deemed contract and transfer objection should Npower lose may be far greater!
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Comments
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Sorry, what was your question?0
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big up to the customer that took them to court, if successful it will help others in similer situation rather than big companys bullying us small folk into a corner0
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wheres this posted?Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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That could an industry changer. There is no industry process to allow a backdated supplier registration, which would be the only way around deemed contracts...so perhaps there might be one created after all. Personally, I see no reason why this can't be done because as long as it is done quickly and within 14 months, it won't cause any over/under payment to the distribution networks. This would then give consumers a true right to choose in all cases.:rotfl: It's better to live 1 year as a tiger than a lifetime as a worm...but then, whoever heard of a wormskin rug!!!:rotfl:0
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Thank you for this report. I am interested to learn more.
Is it possible to break down the issue a bit more please?
What is the customer wanting to happen? Presumably in place of the prepayment meter that Npower have already fitted?
Is the issue that NPower were the last supplier and are assuming the right to supply a new customer?
What is the £240,000 counter claim in respect of? How is it made up?
Could you summarise the overall case and what is at stake,implications etc. in layman's terms as much as possible please.
Are there any other links?
Thank you:).0 -
Could it be this? http://www.consumeractiongroup.co.uk/forum/showthread.php?335577-In-Court-with-NPower-in-a-couple-of-weeks.
Post appears to be lots of words with no back up information.IT Consultant in the utilities industry specialising in the retail electricity market.
4 Credit Card and 1 Loan PPI claims settled for £26k, 1 rejected (Opus).0 -
Sorry, what was your question?DVardysShadow wrote: »There wasn't one. Just a useful bit of news.
Exactly
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Could it be this? http://www.consumeractiongroup.co.uk/forum/showthread.php?335577-In-Court-with-NPower-in-a-couple-of-weeks.
Post appears to be lots of words with no back up information.
No thats not the same case. This consumer isn't in Leeds & has no children there either.0
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