nPower problem with safety inspection - advice required

Purplehazy

Here's our nPower problem. They've done 2 safety inspections since December 2012 and are now applying for a Warrant to do a 3rd.

The long story ...

In December 2012 we got a letter out of the blue from a company called SECUS acting on behalf of nPower saying that they'd made several attempts to contact us and if we didn't get back to them urgently to make an appointment for a Gas Safety Inspection, they'd apply for a Warrant of Entry to do said inspection. Despite there being no trace of these several attempts (no letters, emails, landline or mobile messages), we made an appointment and the safety inspection was carried out.

In May 2013 the same thing happened again. We made an appointment for the inspection, and also contacted nPower and SECUS to try to establish why this had happened twice. This is a hopeless task as people take messages, promise to do things, promise to ring you back - but they don't actually do anything. During the inspection we took a photograph of the agent and got him to sign a piece of paper we'd drafted confirming that he had attended and carried out the inspection - it was the same agent from December and he was happy to sign this.

Frustrated at having to do this twice, we spoke several times to nPower customer service. This just led to more of the same broken promises to ring us back, and no real action.

Then, in mid-June, they started the whole thing off again for the third time! A letter saying we've made several attempts to contact you, with no evidence of any attempted contact, and if you don't contact us etc. etc. we'll apply for a Warrant of Entry. This time we raised a complaint, but that doesn't seem to achieve much - they can't even meet their own target of sorting the complaint within 28 days.

We've rung both the agents and nPower and explained that we've had two inspections in 8 months, and have been assured that the process will be put on hold whilst the complaint is investigated. We've been told that we can ignore any letters whilst they speak to the metering department.

So to the final straw - we now have a letter from their lawyers telling us the date and time of the magistrates hearing to apply for the Warrant of Entry. nPower know something is wrong; we've our own evidence that the meter was inspected; we have confirmed with SECUS that the meter was inspected; we have a complaint outstanding; we have nPower's assurances that the process will be put on hold. And still they push on.

We're resigned to having to attend court to oppose the application for the Warrant. As we have allowed them access twice already, it is clear to us that one of the necessary grounds for the granting of the Warrant, that they have not been able to gain access by agreement, has not been met. And if the nPower rep says otherwise on oath then he will have perjured himself.

But we really want this to stop. And although some might advise "just make the appointment" we've done that twice and it doesn't stop the process.

Can anyone suggest what we can do to stop this? And any tips on what we say to the magistrate?

Thanks.

ChumpusRex

If they've already set a court date, then you should attend.

However, I would find out who the head of customer service is at nPower, and send them a letter tomorrow (addressed to them by name) by recorded delivery. Make clear that you will be defending the request for a warrant. Point out that you consider repeated requests for home visits and the invalid application for a warrant of entry as harassment, and that it is resulting in significant inconvenience, and in financial costs.

If you can submit a written application to the court, then you should make sure that you send that in as soon as possible. Include a copy of all correspondence, add a log of phone calls (if you have one), include a copy of the photo and signed statement from the attending agent.

On the day of the hearing, make sure you arrive well in time, and make sure that you find the court clerk and tell them that you intended to defend the request for a warrant. These utility company warrants are simply rubber-stamped by the magistrate. A power company rep walks in with a sheaf of papers. Has a 10 minute appointment with the magistrate, and the magistrate just robo-signs the lot of the them. You will not be called into the hearing unless you have first told the court clerk that you intend to speak with the magistrate about the request.

Remember the magistrate is not a judge or a lawyer. Just explain the problem in simple terms, and offer to show the evidence. As you said in your post, point out that the key reason for seeking the warrant is not valid, as access has already been made.

lemontart

If you can get hold of itemised phone bill showing their respective numbers and duration of call it could be useful to.

chanz4

The only thing I will say, has something been flagged as seen on the previous visit and now they are applying for a 2b warrant

nPower

Purplehazy wrote: »

Here's our nPower problem. They've done 2 safety inspections since December 2012 and are now applying for a Warrant to do a 3rd.

The long story ...

In December 2012 we got a letter out of the blue from a company called SECUS acting on behalf of nPower saying that they'd made several attempts to contact us and if we didn't get back to them urgently to make an appointment for a Gas Safety Inspection, they'd apply for a Warrant of Entry to do said inspection. Despite there being no trace of these several attempts (no letters, emails, landline or mobile messages), we made an appointment and the safety inspection was carried out.

In May 2013 the same thing happened again. We made an appointment for the inspection, and also contacted nPower and SECUS to try to establish why this had happened twice. This is a hopeless task as people take messages, promise to do things, promise to ring you back - but they don't actually do anything. During the inspection we took a photograph of the agent and got him to sign a piece of paper we'd drafted confirming that he had attended and carried out the inspection - it was the same agent from December and he was happy to sign this.

Frustrated at having to do this twice, we spoke several times to nPower customer service. This just led to more of the same broken promises to ring us back, and no real action.

Then, in mid-June, they started the whole thing off again for the third time! A letter saying we've made several attempts to contact you, with no evidence of any attempted contact, and if you don't contact us etc. etc. we'll apply for a Warrant of Entry. This time we raised a complaint, but that doesn't seem to achieve much - they can't even meet their own target of sorting the complaint within 28 days.

We've rung both the agents and nPower and explained that we've had two inspections in 8 months, and have been assured that the process will be put on hold whilst the complaint is investigated. We've been told that we can ignore any letters whilst they speak to the metering department.

So to the final straw - we now have a letter from their lawyers telling us the date and time of the magistrates hearing to apply for the Warrant of Entry. nPower know something is wrong; we've our own evidence that the meter was inspected; we have confirmed with SECUS that the meter was inspected; we have a complaint outstanding; we have nPower's assurances that the process will be put on hold. And still they push on.

We're resigned to having to attend court to oppose the application for the Warrant. As we have allowed them access twice already, it is clear to us that one of the necessary grounds for the granting of the Warrant, that they have not been able to gain access by agreement, has not been met. And if the nPower rep says otherwise on oath then he will have perjured himself.

But we really want this to stop. And although some might advise "just make the appointment" we've done that twice and it doesn't stop the process.

Can anyone suggest what we can do to stop this? And any tips on what we say to the magistrate?

Thanks.

Hi Purplehazy,

This doesn't sound right at all. Once you've had a gas safety inspection, we shouldn't be chasing you for a second, or a third.

Please can you send me an email (address is on my profile page) with your account details on, and I'll take a look at this for you?

Many thanks,

Adam

Purplehazy

@ChumpusRex

Thanks for the advice and tips. We asked the court administration whether we could send material in advance, but they advised that it was best to attend in person. That tallies with your point about the whole lot being rubber-stamped in one go (I saw a blog somewhere about a former magistrate's attempts to get warrant applications taken more seriously, without success); and if you're not there in person then they don't bother about you.

One further question - the account holder is actually my better half. Is it OK for me to attend for her? She'd lose money by attending.

@lemontart

We have our log but not an itemised bill, but good suggestion.

@chanz4

Not sure what a 2b warrant is. But there's nothing in the exchanges which suggests that they're following up a problem. Npower's position is that the inspection has not been carried out, so they couldn't have spotted anything could they ? And if they did want to fix a problem this would be a weird way of going about it ... it's 8 months since the first inspection, and they had access again 5 months after that. I'd hope they'd want to fix a problem more quickly than that.

@adam at npower

Will send details.

Purplehazy

chanz4

2b warrant is tamper, which would say safety inspection as to not tip you off

Purplehazy

Thanks for explanation. Certain that doesn't apply here.

25.6_Pre-contract_oblig

Hi Purplehazy,

I do sympathise with you having to deal with npower and their 'broken system': my patience has been sorely tested.

As you have discovered, npower have a 'new system' which is "not fit for purpose".
By "system" I mean the I mean the people, processes and procedures together with npower's computers.

Some of the issues have been documented in the very long thread

Warning: npower accept new customers without sending them a Contract
https://forums.moneysavingexpert.com/discussion/4273611

npower have been aware of issues with their 'new system' since at least September 2012. Unfortunately, there are many thousands of us who has been badly let down by npower and their 'broken system'. This leads to very long telephone queues and many 'bizarre situations'.

In your case, npower's system has failed to record the visits to inspect your Meter.
It has also not 'linked up the visits' to your Account. Neither is there effective record keeping (by npower) of your contact (in May 2013 and more recently) where you did your best to sort this out.

I agree with ChumpusRex, write (if you have not done so already) to npower to stop this going to Court.

Purplehazy wrote:

... And any tips on what we say to the magistrate? ...

I imagine that your evidence of the previous visits will be convincing.

However, in preparation for any written submission (to the Court and/or npower) I would include background information that you can glean from the above thread.
In particular, the fact that Ofgem know that there are 'systemic issues' with npower's 'new system':
see Post #134. Freedom of Information Act request - Ofgem answer questions in Post #7

Other points (for background)
Post #128 Timeline - npower's 'new system' and SAP

See also the thread:
The SAP anti competition argument
https://forums.moneysavingexpert.com/discussion/4294069

Best wishes,

25.6_Pre-contract_oblig

Purplehazy

@25.6_Pre-contract_oblig

Thanks for the additional advice. I'd seen that and other npower threads, although to be honest I'd not read it in its entirety because there was so much of it.

We may have made some progress in getting npower to understand that (a) the agent who we've been dealing with is not the agent that npower thought was dealing with us (b) the agent is as willing to confirm to npower that the inspection happened as they are to do so to us (c) there may be some errors in the recording of meter numbers on npower's part. All things that we've had to do for npower, rather than having them do for us. We're waiting on written confirmation that the warrant application is withdrawn, but on standby to attend.

You have to see the funny side though. When the complaints department finally did something, after 6 weeks, it consisted of ringing the wrong agent, who of course confirmed that they had not inspected the meter . (We've told them from the outset who did do the two inspections, but they clearly take no notice of what customers say.) So their next step to resolving the complaint about multiple safety inspections was - you've guessed it - to say that we needed to have a meter safety inspection.