Being sued for someone else's gas!

Garret

I was going to switch my utilities from SSE Atlantic to Utility Warehouse near the beginning of the year. The deal turned out to be not as good as I had originally been told so I cancelled within the cooling off period (I have confirmation of this in writing).

Utility Warehouse cancelled the takeover of the other utilities but claimed they hadn't managed to stop the gas takeover (they never gave a good reason for this - I have in writing that it was their fault).

They absolutely insisted they couldn't correct this, and started billing me.

I decided to move my gas and electricity to the Coop, who were cheaper than either SSE Atlantic and UW. Unfortunately they had some administrative problems and didn't take over the utilities for some months.

In this time I was *still* getting gas bills from SSE Atlantic, and of course, UW.

I have spoken to all three companies. SSE Atlantic and the Coop say the same thing - SSE Atlantic had my gas account right up until the Coop took it over, Utility Warehouse were at no point involved. Utility Warehouse claim that they took over (and still have) my gas account - but there are several mistakes. The person I complained to at Utility Warehouse (well, one of the people) actually sent me a screen shot of the national database entry. It is certainly my name on the account, and it is the right number in the street, but it is the wrong flat. It also shows that the account was not taken over from SSE Atlantic but another company - so they never did take over my account, as the other companies said.

On top of this, the gas supply number and meter serial number (the number actually stamped on the physical meter) were wrong. So they seem to have taken over a neighbour's account and put my name on it, and started billing me. BTW the neighbours knew nothing of this until a day or two ago when I asked them and they have been paying their bills to their original company which hasn't changed.

So now I have received two letters from a firm of bailiffs. One threatening to sue for what they claim are outstanding bills, and the other saying they are applying to the local court for a warrant to cut off the gas supply, by forced entry if necessary.

I know it wouldn't be mine but I doing nothing would have horrible effects on my neighbours and there's the money too.

I have written to UW to say my account isn't with them but they are just pig headed about it and insist it is - in fact one e-mail from them pointed out that there were two accounts in my name (but insisted that it must have been the other company that made a mistake not UW - despite the account/serial number, address, previous company differences. And who has two gas supplies to one flat anyway?!)

So, apart from writing yet again and turning up at the hearing to try to persuade the magistrate that it isn't my account, what should I do? I'm going to contact the ombudsman, but I doubt they'll get the matter dealt with in time to stop the court hearing.

Bluebirdman_of_Alcathays

Turn up at court - that is what courts are for, to settle civil disputes. If you are being truthful, and have all the appropriate evidence, you'll win.

Garret

The cutting off of the supply is at a Magistrate's Court, not a civil one. There may well be a civil suit separately. Until I have persuaded them otherwise they can keep applying to both courts again and again - they are still sending me bills for someone else's account!

Bark01

Raise a compliant with obudsman and ask all suppliers to put a billing lock on the accounts until its resolved.

Cardew

Bluebirdman_of_Alcathays wrote: »

Turn up at court - that is what courts are for, to settle civil disputes. If you are being truthful, and have all the appropriate evidence, you'll win.

The trouble is these disputes often don't end up in court. The DCA's just trash your credit record.


Guilty until proven innocent.

Garret

I'd be grateful for more detailed advice because they have set a date for a hearing to get a warrant to cut off the gas supply. It is a little over a week from today.

Bluebirdman_of_Alcathays

Magistrates courts also hear civil cases.


If you have a screenshot of xoserve (the national gas metering database), you can be in no doubt that UW have never had your account. Take that, armed with all the other evidence you have that points to the fact this is a metering mix up, to the court. It is highly probably that nobody from UW will even turn up. It is only because most of these applications go unopposed that warrants are granted.

[Deleted User]

Garret wrote: »

I'd be grateful for more detailed advice because they have set a date for a hearing to get a warrant to cut off the gas supply. It is a little over a week from today.

Its very rare to actually cut someone off from gas supply.They will more likely retrieve the money they think is owed by force fitting of a prepayment gas meter and set it to repay from £3.50 to £16 a week. You can turn up at the Magistrates Court anyway to oppose the warrant.Most people dont turn up and the Magistrate signs all the warrants unopposed. If you turn up and even mention any problems the Magistrate will cancel it.The Magistrates are not too clever when it comes to these sorts of disputes as they are too complex to understand. The Ombudsman is the usual place to resolve these sorts of disputes.

Garret

Thanks Sacs, the thing is that the supply that Telecom Plus / Utility Warehouse have taken over (and have put in my name without permission from anyone) is for a different flat.

Because they've put the account in my name I'm getting sued, but if they do something to the meter, even make it a prepayment meter, my neighbour will be affected.

My neighbours are paying their original company so imagine how ****ed off they'll be to have to pay UW as well as their company!

I'll have a look at xoserve now, Bluebirdman.

Garret

Sorry, but how do get onto the xoserve database to get a screen shot?

Garret

I have just spent what felt like an age on the phone to the Co-op to see if they will give me a screen shot of my account as I can't get onto Xoserve myself.

Nope. It was a slightly mad conversation.

Coop: "I can't send you anything, but I can confirm [over the phone] that your account is with us and came over from SSE."

Me: "I can't go into court and ask them to believe me that something is true because I heard someone tell me on the phone. I need something in writing."

Coop: "Well they'll have to get in touch with us."

Me: "The judge isn't going to phone you up! And anyway, you can't give out information to anyone except the customer!"

Coop: "No, Utility Warehouse."

Me: "They aren't going to get in touch with you because they are claiming it is your mistake."

Coop: "They can't sue you."

Me: "The court date is set for the week after next!"

Coop: "They can't sue you because the account is with us."

Me: "Exactly. But how do I prove it? I need something in writing!"

Coop: "Well I can't give you anything in writing. They'll have to contact us."

And so it went on. I asked to speak to a supervisor, the legal department etc and *eventually* she agreed to email me saying that the gas was with them and who they'd taken it over from. I can only hope this is good enough for the court.

Does anyone know how I can get a screen shot of the Xoserve entry for my account?