Npower versus the vulnerable? Court Challenge

chanz4

undaunted wrote: »

The saga continues.

Npower have sought a costs assessment hearing - seeking about 10.5k in costs if I remember rightly. The Courts are not hurrying to hold it however - will take place late January 2013

The Court of Appeal have seemingly done nothing since August and are now claiming they can't process the forms until they receive a fee or EX160 (in fact that was sent in Aug). Customer will be sending a further copy and complaining about this unjustified delay

Oh dear hope he doesnt own a house, as they may just try and come for it.

undaunted

chanz4 wrote: »

Oh dear hope he doesnt own a house, as they may just try and come for it.

Oh, I wouldn't bank on that ever happening if I were you!

chanz4

they will likely apply for a charging order.

undaunted

Cameron on Emmerdale apparently recently said something like what I'm telling you is some people will only be pushed so far.

The customer liked the line and says they agree entirely.

undaunted

Court of appeal refused the appeal or even the right to request a verbal hearing before doing so in march. This appears to be based upon the existance of a deemed contract.

Npower "invited" customer to pay and / or contact CAB for help

Customer does not consider this justice and maintains that even if there were once a demed contract it inevitably ended when supply was disconnected.

Customer has not responded / maintains they will have what they consider to be justice. They are apparently considering making a request to the European Court to challenge the legality of schedule 6 and the so called "deemed contract", failure to notify customers terms & conditions of such "contracts", provide the right to cancel etc

Npower have seemingly not so far sought to try & take the threatened "enforcement action" of their Judgement. We therefore have the ridiculous situation of supplier receiving no money, customer receiving no electricity, courts & npower having laid out significant costs - well in excess of the difference in the offer of settlement and claim originally made (parties being about £150 apart & the main point of argument being Npowers insistence they would continue to supply). Utter madness?

chanz4

they will likely now the appeal has been refused go for a charging order

undaunted

If they did it only costs them even more money & they still get nothing unless the property is sold - which the customer doesn't intend doing

chanz4

But one day the property will sell, the other option if over £700 can start bankrupcy pertition

undaunted

Well, they got their Charging order. Customer still says that they wont be selling & if Npower want to agree a payment plan for their 14k they will need to agree to release the supply to another supplier - a pyrhhic victory being claimed by each of them.

Npower are saying no & they will try & force a sale unless the cutomer backs down before October - though admit it isn't guaranteed a Judge would agree to this request.

Customer has said even if they did agree, it would not matter if by the time it sells the property isn't worth enough to cover the mortgage, sale costs etc - Npower will still be left with mounting costs no means to recover them etc, whilst the customer would then be free to declare bankruptcy, be housed by the state etc.

Will Npower ever look at their own interests rather than merely seeking to win what their legal representative previously referred to as "a game" I wonder?

chanz4

undaunted wrote: »

Well, they got their Charging order. Customer still says that they wont be selling & if Npower want to agree a payment plan for their 14k they will need to agree to release the supply to another supplier - a pyrhhic victory being claimed by each of them.

Npower are saying no & they will try & force a sale unless the cutomer backs down before October - though admit it isn't guaranteed a Judge would agree to this request.

Customer has said even if they did agree, it would not matter if by the time it sells the property isn't worth enough to cover the mortgage, sale costs etc - Npower will still be left with mounting costs no means to recover them etc, whilst the customer would then be free to declare bankruptcy, be housed by the state etc.

Will Npower ever look at their own interests rather than merely seeking to win what their legal representative previously referred to as "a game" I wonder?

told you they wouldn't didn't I, they wont let his supply go and bet they will go for the forced sale. your friend will be very blacklisted between the suppliers