Urgent help - Abuse of Process

LD

I have contacted energywatch about an hour after this occurred, they can only help in respect of the recalculation of the bill, now since this is less than £180 when I did a quick calculation on their highest current rate, its not going to be a big deal.

MP, well maybe since we got a new one, won't take much to be better than the previous Blair sycophant.

£500 ish, well thats about twice the figure I'd probably settle for, however your right about time, as that's still clocking, not least here.

Not sure if I haven't already threaten court action orally.

A case of waiting now as the ball is back in their court.

legaleagle_2

As a lawyer, I read with a degree of de je vous, the matters brought up by some members here in relation to abuse of powers by the gas and electricity utilities and the manner in which they create "deemed contracts".

Some people have been seriously abused by utilities choosing to enforce this kind of contract on a consumer. I am determined that a stop be put to this deceitful practice; using statute as a cloak for concealment of facts. A deemed contract may make you responsible for the supplies you use, but it cannot overcome deceit or misrepresentation, nor indeed can it overcome the imposition of a punitive tariff. The problem with this whole area is that the statutes on which the utilities invariably claim they are relying were created when they was not any consumer choice. Fundamentally, if a utility allows a bill to accrue of more than £100 before telling you they are supplying under a deemed contract, they will be unable to enforce their deemed contract in many cases. Obviously it depends on the individual case, so I can't be mroe specific here and I do not intend to discuss individual cases on a open board.

When exactly a utility company tells you it is relying on a deemed contract is important. Make sure you know that date. Ask for proof of it being told to you.

My experience tells me the utilities have a problem in pursuing many debts and use other more dubious methods to achieve their objectives. I have cases where a warrant for entry has been obtained on the pretext that the meter is thought to be faulty. The judge grants the application because it does not look in any way contentious. The utitlity uses the warrant with the support of the police and once they have gained access they change their purpose for the visit. Obviously this is illegal. It can mean that a false statement was made to obtain the warrant, and in respect of gaining entry to your property it can mean a deceit was practised upon you.

Should it be useful to any person, I will be happy to help any individual who has a problem in this area. I regret I cannot spend a lot of time sitting here looking at the posts, despite this site looking extremely interesting to me. However, if you need help here's how to get it.

(1) List down all the events involved and then put them in date order.
(2) Add into the list any correspondence & finalise a list of events and a list of supporting documents.
(3) Scan all the correspondence, however insiginificant, including calling cards and other notes the utilities or their agents put through letterboxes.
(4) List all your complaints on separate lines and number them. Only 1 specific complaint per line.
(5) Summarise your case in less than 250 words.
(6) Send it to me at equity-law.co.uk.

I will look at your file and documents and if I think you have some grounds to resist action or claim abuse of process, deceit or misrepresentation I will try to guide you.

Finally, I will not give you advice. I will give you guidance. It is then up to you to decide if you want to further check the guidance with say CAB for example or a solicitor, who will in most cases be able to help you further. You should be able to handle the paperwork yourself in most cases.

If you cannot afford a solcitor use CAB, but try to get to see a solicitor who is providing service to CAB. There are many solicitors who do "time" at CAB as voluntary work.

When you send me an email, you will first have to answer a challenge that will automatically be sent to you. This is an anti-spam method. It avoids me being bombarded with the world's junk when the email address is picked up from this board by whoever it is that does these things.

Hope this information helps. If you have similar experiences you'd like to advance please feel free to described your experiences at the hands of the various ultilities.

Finally, remember they are businesses subject to the law like everyone else. There is no right to do as they wish because they hold "deemed contracts" or for any other reason. If you have been deceived or cheated by any company then that is enough to end your relationship with them and perhaps get some compensation ordered by the courts.

LegalEagle specialises in banking, misrepresentation, contract, consumer & human rights.

innovate

legaleagle, how much do you charge?

legaleagle_2

Nothing. But remember I am not doing your work for you. I am merely looking to point out where the issues are and suggest a course of action. That doesn't take me long if you have done your homework exactly as I have set out in my previous and organised your papers.

Thanks.

Legaleagle.

rosscobley

when you say they are billing for an e7 do you mean that you have a e7 meter and they are billing you on a e7 tariff or do you have a e7 meter and they are billing you for a single rate tariff. both ways are corrrect as all the meters do is clock up the usage the act bill is worked out on the billing systems if you have a e7 meter and they bill you on a single rate tariff all they do is add the two reads together and change one rate. a lot of companys are putting e7 meter in now and setting them for one rate.

Fran

legaleagle wrote:

As a lawyer, I read with a degree of de je vous,

legaleagle,

Sorry, but I doubt you are a lawyer if in your first sentence you can't even spell deja vu.

I would advise against anyone emailing legaleagle and treat this with suspicion.

legaleagle wrote:

Obviously this is illegal.

That sentence would surely not be said by a lawyer without back up?

When you send me an email, you will first have to answer a challenge that will automatically be sent to you.

What challenge?

LegalEagle specialises in banking, misrepresentation, contract, consumer & human rights.

Whoever this is I would be careful if dealing with this person (personal opinion).

(Apologies to legaleagle if I'm misinterpreting all these multiple signs.)