At my witts end with Scottish Power

Cardew

Then the barrister would probably not want it heard in the county court anyway, but in one of the higher courts so that if they are successful, it could set legal precedence.

The whole purpose of the Small Claims track is that both parties( defendant and claimant) cover their own costs; so if SP were to instruct a barrister he has no option but to appear in the Small Claims court.

If the claim has any merit, normally big organisations 'capitulate' when threatened with proceedings in the Small Claims Court.

In the Gas and Electricity Acts it specifically states that the energy company only have to provide proof that they produced a bill, NOT prove that the customer received the bill.

From the OP's first post it is apparent that they had an on-line account and were sent a rebate. With SP(I am with them) you do not get hard copy bills if you have an email account; so I suspect your points about missing mail do not apply.

That said, I would agree than in most cases the fault lies with the customer. Indeed the OP does not dispute the validity of the bill,
stating:

It appears an error on their part meant that my final bill was not added to my account until late.

HOWEVER there have been several similar cases involving SP reported on MSE. Given the absolute mess SP accounting have fallen into this past couple of years, I think it is perfectly feasible that the OP was not sent a bill before the DCA were involved.

footyguy

Cardew wrote: »

The whole purpose of the Small Claims track is that both parties( defendant and claimant) cover their own costs; so if SP were to instruct a barrister he has no option but to appear in the Small Claims court...

I think you misunderstood my intent.

I'm sure any claim made against SP will result in SP appointing a barrister if they intend to defend it. It won't matter what court it's in, thats just how big corporations roll.

I was suggesting the OP who would be bringing the claim would need a barrister to have any chance of create a claim that had any chance of success. And then that barrister would not want the claim heard in the small claims court

But as I also said, this is all getting into the realms of fantasy...

Cardew

footyguy wrote: »

I think you misunderstood my intent.

I'm sure any claim made against SP will result in SP appointing a barrister if they intend to defend it. It won't matter what court it's in, thats just how big corporations roll.

I was suggesting the OP who would be bringing the claim would need a barrister to have any chance of create a claim that had any chance of success. And then that barrister would not want the claim heard in the small claims court

But as I also said, this is all getting into the realms of fantasy...

We are getting at cross-purposes.

Firstly I am suggesting that SP would not fight a case for such a small sum. It is not as if a point of principle is a stake. If they did defend, the OP would not need any form of legal representation - it wouldn't be paid for even if he won!

Also I have twice been to the Small Claims court for a claim against a big institution. In the first case the defendant did send a barrister and I represented myself and I won hands down. Long story, but in essence I would have made some money in a currency transaction. The firm would not honour the transaction on the grounds that I was speculating. The 'defence' put forward by the barrister was just that - I was speculating. The facts were not disputed by either side and the Judge was aghast that they had attempted such a defence. He kept asking the barrister what was illegal about speculating.


The second case was against a solicitor - also successful.


It seems to me that the OP's case is simple - if he was sent bills then SP are entitled to pass the case to the DCA.


If he wasn't sent bills, then SP are in the wrong for passing the case to the DCA.


In either case the bill is still valid.

naedanger

stebiz wrote: »

Thanks for the replies,

I have just carried out a credit search with Experian and it is clean, which is a good start.

These letters from the DCA are getting more and more threatening though. I sent an email to them but no reply and also to SP who replied today saying that no payment is due and the final balance was zero.

It seems like one dept has no idea what the other is doing. I actually have no idea if I owe it or not but feel like paying the full amount just to leave me alone so I can get on with my life. For that sort of money it really isn't worth getting a default - if any amount is ever worth it.

You could send a cheque for the amount that SP/DCA are demanding but make clear you are doing so under duress as you don't wish your credit rating to be damaged, even temporarily, through SP's incompetence.

This will then buy you time to seek the return of you money and avoid the risk of any recovery costs accruing.

Then submit a complaint to SP - either for the return of the money if you believe it is not due, or for compensation for poor service if they have not sent you bills (as they no doubt are contractually require to do). If you are not satisfied by the response take your case to the Ombudsman.

(And if you are not satisfied with the Ombudsman's response you can take the case to the Small Claims court.)