Energy Supplier Challenge

Chinabean

I just wanted to ask for some thoughts before deciding on course of action.

In short, I left my previous property in Sep 17. I sent the provider a letter informing them and my new address. I did not hear anything back from them but I hadn’t cancelled my direct debit since I hadn’t heard from them.

After 5/6 months, I cancelled the direct debit since I was paying for something I was not using.

What I now know is that the provider did not receive my letter and were chasing me at my old address.

I received an email from them in April stating that I owed approx £700 and they wanted payment.

I replied back to that email and stated that I could prove I was not living at the address beyond Sep 17 but I would be willing to compromise with them.

What I did not realise is that they had sent the email from a noreply@ email address since the email address part just shows their name and nowhere on the actual email itself did it state I should not reply to that email.

They have taken legal proceedings and got a CCJ (on 27/jun). I only realised this because of a note on my credit file. I want to challenge this and raised a complaint with themselves. They have now come back to say they are closing the complaint because they have already received the CCJ ruling.

I am obviously within the 30 day period so want to make sure I do not make the CCJ permanent on my file. However, I want to challenge their process and also prove I was not at the address.

They have stated the ombudsman will not look at this because of the CCJ and they are unwilling to consider the complaint because of the CCJ. I have stated that I will complain about their general process (particularly around the email and lack of notification not to reply to it) to the ombudsman and that it is within their power to set aside the CCJ and agree an out of court settlement.

I guess my question is, is this worth pursuing? Also, if I complain to the court and that process takes me outside the 39 days, do I lose that 30 day window to settle? Could I settle in full and then complain?

Sorry for the long post!!

C

[Deleted User]

When you change supplier, sending a letter isn't the way to do it - their website and/or T's and C's would outline the process to close/move an account;

You either phone them or you close your account/request a move on your online account.

If you don't think you owe the debt then you can apply to the court for a set-aside at a cost of £255 - however if they do not find in your favour then you have to pay both the £255 and the CCJ amount.

EDIT: also no need for the double-post: https://forums.moneysavingexpert.com/discussion/6023885

Chinabean

Thanks very much for the quick reply and sorry for the double post! Could I just confirm, if I did apply to set it aside and it takes me outside the 30 day window, have I then lost the opportunity to repay within 30 days or would the clock reset?

[Deleted User]

You would lose the window of opportunity usually

Chinabean

Thanks Gary - sorry just one more question, if I settle in full to avoid the credit file impact, do I then lose the right to challenge it?

[Deleted User]

Again, usually yes since it has already gotten to the CCJ stage.

Willing2Learn

You should pay the £700 balance due within 30 days if you want to be certain that there will be no CCJ recorded against you.

You would however, be within your rights to send a written complaint to your old energy supplier (sent via Royal Mail). Then if you do not get a satisfactory resolution, you would be within your rights to escalate to OFGEM.

What I will say, is that I agree with Gary, in that you did not use the correct procedure to terminate your contract. But you do have an opportunity to use the correct process to complain (and to escalate if necessary).

@Chinabean - Which energy supplier are you having the problem with? They all have a set process to cancel/terminate a contract. They all differ slightly. All of them have an option to cancel by 'phone. Some have an option to cancel via email (using the email address provided in the procedure). Some also have a form to download which you then post to the provided address. So which energy company is it?

[Deleted User]

Willing2Learn wrote: »

You should pay the £700 balance due within 30 days if you want to be certain that there will be no CCJ recorded against you.

You would however, be within your rights to send a written complaint to your old energy supplier (sent via Royal Mail). Then if you do not get a satisfactory resolution, you would be within your rights to escalate to OFGEM.

What I will say, is that I agree with Gary, in that you did not use the correct procedure to terminate your contract. But you do have an opportunity to use the correct process to complain (and to escalate if necessary).

Just don't be too upset when their response is along the lines of "we didn't receive your original letter" or "this is not the correct way to inform us of an account closure".

D_M_E

Consider applying to the court for a setaside - this will cost you £255 - if granted, this will have the effect of permanently removing the CCJ from your file, it will be as if it never existed if the setaside were to be granted.

Complain in writing, backed up by email, that you notified them of vacating the property and therefore terminated the contract as from the original notified date and if any debt collectors try and enforce the debt, tell them it's in dispute, though this may only work if the CCJ has been setaside.
State that you are willing to pay for what you actually used - you did read the meters and supply readings when you left, yes? - but not for anything after you left and ask for an itemised bill up to the date of your leaving.

Also consider asking your bank to reclaim under the DD guarrantee any DD payments made after you left - trouble is, since you kept it active and they continued to take payment they could argue that you were still responsible as you did nothing to stop the DD payments going out.

Quentin

Chinabean wrote: »

Thanks Gary - sorry just one more question, if I settle in full to avoid the credit file impact, do I then lose the right to challenge it?

No.

You can pay it to preserve your credit status and still apply for a set aside

If you don't get this set aside, then any complaints to the claimant will be rejected - the claimant would have the Court Judgement to backup their actions

Unless you qualify for assistance with your court fees then it costs £255 for a set aside application.

If you subsequently win any new hearing of the claim (or the claimant drops the case) then you should get the fee paid back to you by the claimant (request this as part of your set aside application)

PRAISETHESUN

I personally would pay the bill to protect your credit file (since the complaints process will take longer than 30 days) and then lodge a formal (written) complaint with your energy supplier asking them to refund your charges for usage that you can show is not yours (presumably you submitted meter readings, etc when you initially wrote to them). If/when they respond saying that they will not refund you because you did not use their standard account closure process, you can escalate to the relevant ombudsman. I'm fairly sure the ombudsman cannot overrule a court decision, so if you take them to court to try and set aside the CCJ you cannot subsequently complain to the ombudsman if you lose.