I SUED Npower... and I WON.

samsmoot

Cardew wrote: »

Indeed the Utility companies do have a higher standard of compliance. They have signed up for a voluntary code where they agree that, no matter how long they have been undercharging(and are at fault), they will only reclaim for the preceding 12 months.


Don't forget that the OP had been undercharged £3,200 over a period of 4 years. NPower immediately wrote off £2,500 leaving £700. They then reduced that by a further £200 leaving the £500 outstanding - the sum which the OP disputes.


Had the OP been overcharged £3,200 over the same 4 year period, IMO he would be entitled to a refund of the whole £3,200 for the 4 years.


However the main point of intervening was that the OP was adamant(to the point of rudeness) that under Contract Law an incorrect bill took precedence over contractual obligations.


Much as I am aware you wish to support the OP - particularly as it is against Npower! - you really cannot have it both ways.

I did say I could see another judge deciding differently, so I concede that there's no airtight case here. But I do believe there's at least an argument which says that on the balance of probabilities any failure for the debt to be paid is attributable to the negligence of Npower.

[Deleted User]

Personally I know from experience that most of the customers who benefit from a transposed bill are well aware of it. I have sent photos of a few bills into management to see how obvious it is e. g. most of the units billed at night rate and only a few in the day for a property with gas central heating. The customers are well aware of their bargain bills. I have been ordered out of properties for telling people they are getting their electric at the wrong price and told not to return. Suppliers dont seem at all concerned about all the transposed bills otherwise Brit Gas would have sent feedback to my company, G4S, and got them to train us better. Meter readers are being phased out now anyway, customers submit their own readings and so the occupiers have a duty and an obligation to understand their own meters.If they get overcharged on an eco 7 they are on the phone instantly, undercharged they normally keep quiet about it for years. Deep in the terms and conditions of supply I think there is a clause about faulty billing where they are obliged to inform the supplier. There is a clause also about faulty meters which require this also

DJMC

The Warrant was issued to the court bailiff on 7th February.

Npower have been sending me threats regarding the outstanding £400 for the further period. These include sending an "agent" to my home and damaging my credit rating. They have ignored my emails asking them to sue me but not to carry out unlawful recovery or credit damaging action.

In view of their refusal to respond any more, I have once again sent them a cheque for £400 along with my calculations in line with the judge's order that they must wait 30 days per their own T&Cs to correct the transposition error. I calculate I owe £100. If they cash my cheque I shall sue them again for the £300 overcharged.

littletommytucker

This is thread is hilarious, as others have said its great that you've managed to avoid payment of electricity for so long, but worrying that others reading this thread may think the OP is correct and NPower have no legal right to back bill you, when they so clearly do under the statute of limitations.

I worked at the BG office in Southampton before it closed and saw many cases go to court over consumers wild thoughts about contract law. I can assure you that if that if NPower sent a defense team, or even just an office junior, they would have won the case.

As per NPowwr ts and cs, they will write to you giving you 30 days notice of any price change. If they had shown up in court, they would have brought copies of these letters, that will have been sent to you in the past, outlining the prices to be charged under your new contract following the change. Your continued use of electricity legally binds you to paying these prices.

The statute of limitations allows them to recover these chargers for up to six years.

Ofgem stipulate energy suppliers should only back bill where the supplier is at fault for up to 12 months. This is ambiguous, so,

The ERA consisting of 5 out of the big 6 energy suppliers sets out further details on what is considered "at fault". Of course the ERA isn't a government body, so it's up to a judge to interprete "at fault" in cases like this. Either way, you're going to be paying at least the last 12 months usage.

And whilst the ERA billing code is no way legally binding, I have seen the "little blue book" get passed to a judge in a court of law several times (by both suppliers and consumers) and for a judge to make a decision based on the content of the code. It is widely accepted as being incredibly fair and in favour of the customer, as it goes so much further than the legal statues of limitations.

On a side note,

I have a 10k credit card with Amex. I purchased a car for 8k in January and spent £200 a Tesco. When the bill came only the £200 for Tesco was shown. Do you not think ill ever need to pay the 8k if Amex don't realise within the next few months?

As per your reasoning, it's irrelevant that I'm in contract with Amex to pay for the goods I purchase using the card. All that appears to matter is what they put on the invoice! Happy Days!

Why can't you just accept you got lucky, but that legally if NPower had shown up in court you would have lost.

Come on... Say it, please....

Pollyp

Such an amazing story! It's so good to hear that sometimes ordinary people like us win and the big bullies lose! Faith in humanity partially restored!

[Deleted User]

littletommytucker wrote: »

This is thread is hilarious, as others have said its great that you've managed to avoid payment of electricity for so long, but worrying that others reading this thread may think the OP is correct and NPower have no legal right to back bill you, when they so clearly do under the statute of limitations.

I worked at the BG office in Southampton before it closed and saw many cases go to court over consumers wild thoughts about contract law. I can assure you that if that if NPower sent a defense team, or even just an office junior, they would have won the case.

As per NPowwr ts and cs, they will write to you giving you 30 days notice of any price change. If they had shown up in court, they would have brought copies of these letters, that will have been sent to you in the past, outlining the prices to be charged under your new contract following the change. Your continued use of electricity legally binds you to paying these prices.

The statute of limitations allows them to recover these chargers for up to six years.

Ofgem stipulate energy suppliers should only back bill where the supplier is at fault for up to 12 months. This is ambiguous, so,

The ERA consisting of 5 out of the big 6 energy suppliers sets out further details on what is considered "at fault". Of course the ERA isn't a government body, so it's up to a judge to interprete "at fault" in cases like this. Either way, you're going to be paying at least the last 12 months usage.

And whilst the ERA billing code is no way legally binding, I have seen the "little blue book" get passed to a judge in a court of law several times (by both suppliers and consumers) and for a judge to make a decision based on the content of the code. It is widely accepted as being incredibly fair and in favour of the customer, as it goes so much further than the legal statues of limitations.

On a side note,

I have a 10k credit card with Amex. I purchased a car for 8k in January and spent £200 a Tesco. When the bill came only the £200 for Tesco was shown. Do you not think ill ever need to pay the 8k if Amex don't realise within the next few months?

As per your reasoning, it's irrelevant that I'm in contract with Amex to pay for the goods I purchase using the card. All that appears to matter is what they put on the invoice! Happy Days!

Why can't you just accept you got lucky, but that legally if NPower had shown up in court you would have lost.

Come on... Say it, please....

Maybe thats why Companies like Npower are failing to make profits out of supplying, along with EDF and EON. They give up too easily and let canny customers fleece them. Only British Gas and SSE were reported making a "margin of 11% " by running their affairs better than the foreigners

scaredofdebt

nPower claim to make 5% from the domestic supply market but how much do they make from generation? Smoke and mirrors.

[Deleted User]

scaredofdebt wrote: »

nPower claim to make 5% from the domestic supply market but how much do they make from generation? Smoke and mirrors.

Npowers was just over 1% ( a loss ) EDF and EON both in the red, Both Npower and Eon are in dire straits and reported as being in such a mess they will have to join forces with Eon and end up dumping customers to keep within OFGEMS rules. British Gas is so well run, despite having dearer tariffs than the three foreigners that they may have to be "dismantled "
I work for both EDF and BG, today I came across a property who d not been billed for 5 years gas supply by EDF, because it was 2 houses joined together, one meter was dead, no gas going through it. The other meter the sly householder was pretending did nt exist and it was EDFs fault . Despite having the gas central heating on full blast this morning she had nt paid a penny in 5 years, at least 3k in gas unbilled. I know BG rev protection would ve quickly got in with a warrant and traced this meter but I also know that EDF RPU are so abyssmal they wont do a thing about it. Just an example of how the two companies work.All these foreign companies act like that, EON and Npower and Scot Power all work the same

scaredofdebt

https://blog.npower.com/2013/10/pricechange/

Does he not know what the margin is? Wouldn't surprise me to be honest.

DJMC

littletommytucker wrote: »

On a side note,

I have a 10k credit card with Amex. I purchased a car for 8k in January and spent £200 a Tesco. When the bill came only the £200 for Tesco was shown. Do you not think ill ever need to pay the 8k if Amex don't realise within the next few months?

As per your reasoning, it's irrelevant that I'm in contract with Amex to pay for the goods I purchase using the card. All that appears to matter is what they put on the invoice! Happy Days!

If the retailer and Amex had invoiced you for £800 then that IS the price in the contract. Their error, but binding.

I'm right, you're wrong.

Npower have now paid the bailiff in full.

I sued Npower again in the county court last week for the further and final period after they would not amend their next £400 bill down to the £100 I calculate I owe. The further case continues...