Clarification as to steps Energy companies should take before issuing claims against customers

TC77

Hi,
I'm helping a vulnerable customer complete a defence for a large bill that EON have issued about 18 months after they left a property. Direct debits were taken regularly. The first the customer heard was an letter before action over a year after they left with a figure but no detail of how calculated. They didn't have the right address and say they sent things before, then when queries they send an email saying taken out of the court process for investigations, then customer received a court claim (EON Say they issued a further letter before action but this wasn't received). THere is little detail of how they've calculated it, and they won't engage to resolve.
Are they covered by the Consumer Act 1974 and how can I find out the steps they should have followed as a challenge to this is a defence but you have to show how they failed. 
If they had been transparent how calculated then could settle. They admit meter was faulty but there meter figures (by someone caling up) are different to those in the inventory reports supported by photos. EON won't engage and provide any link to their vulnerable customer team. Any advice appreciated. Thank you
Horrendous experience dealing with EON - hope no-one else has to go through this

Ectophile

If you mean the Consumer Credit Act, then I don't see how that is relevant.  I'm not aware of anything called the "Consumer Act".

If the court process has started then you'll have to submit a defence.  The defence would probably be that they seem to have plucked a number out of thin air, with no idea how it was calculated.  And that they have admitted the meter was faulty, so that can't be relied on.

TC77

Yes, I meant CCA, sorry,  I had  seen it referenced with energy companies, and a defence is that the process wasn't followed properly but finding it hard to find out what the correct process is but had assumed it would be providing detail of how debt is calculated.
Will also be arguing defence that the figure is wrong.
All quite difficult in time limit so they couldn't get legal advice.

EssexHebridean

OP, I’m not sure about what your official role is in this - you refer to a customer though so I assume your help is a business type arrangement rather than for example someone helping a elderly parent with their bill management. Respectfully, allowing that you are clearly flailing here, could I suggest that it would be a good idea to try to get the person concerned to contact their local CAB for assistance, as they would hopefully speak to someone there who is familiar with the processes and will be able to help them better? If this is going to head in a legal direction, it’s probably better to get some solid knowledge in the mix, even if you stay involved to help with the hands-on stuff. 

TC77

I'm a parent helping a young adult with disabilities and spoke to cab but need our mp for referral to law centre.  Young person doing exams and can't get themselves to cab as overwhelmed and I've had covid thus week and using the claim.of.wrong amount but reading on cab website about the defence of the wrong process. Waiting for a referral to cab extra help.unit but young person has to do this..they had an email in June saying legal.process stopped ans more investigations being undertaken  and then got.claim on 4th Sept with deadline Sunday due to date on letter. Apparently eon say they sent another letter before action but not received by YP. And for Flat they move.out of about a year ago . Had paid by direct debit so thought all OK
Eon refuse to have telephone coversarion, mediation or send ahed copies of documents they say they have sent or alloa contact with their vunleable customer team. Ive been autheoiaed to act for yp with eon but they wont try and resolve out if court even though explained want to be able.to.calculate as figures different sndnthey admit meter now working.
Hope.back billing rule.applies as yp therr for 19.months and was recoveringfrom.accident first months so housebound almost. 

Qyburn

TC77 said:

Yes, I meant CCA, sorry, 

Not applicable to energy supply.

MattMattMattUK

In Eon's evidence how do they demonstrate they calculated the figures? Their evidence will contain the full details, it will not just be "Person X owes £Y", it will contain bills, records of contact attempts etc.

TC77 said:

Eon refuse to have telephone coversarion, mediation 

That will be because that time has passed, they have now started the legal process after failed attempts at contact. 

TC77 said:

or send ahed copies of documents they say they have sent 

All that should be in their evidence bundle submitted to the court which you are now attempting to submit a defence to.

TC77 said:

or alloa contact with their vunleable customer team. Ive been autheoiaed to act for yp with eon but they wont try and resolve out if court 

Unfortunately that all stops once they commence the legal process. For legal purposes does the bill payer have capacity? 

TC77 said:

explained want to be able.to.calculate as figures different sndnthey admit meter now working.

Have you established opening and closing reads even on the faulty meter? How much were they paying on the monthly Direct Debit? Did they report the faulty meter and were they submitting meter reads? 

Most importantly, have you read the evidence bundle submitted to the court?

TC77 said:

Hope.back billing rule.applies as yp therr for 19.months and was recoveringfrom.accident first months so housebound almost. 

Back billing has very specific circumstances when it applies and whilst energy companies do occasionally get that wrong, more often than not they account for it correctly, it is not an automatic get out of jail free card for energy bills from more than twelve months ago.

First and most importantly you need to read the evidence bundle, then you will know what you need to defend against, or potentially admit and agree to pay.

TC77

Hi thanks, we haven't received an evidence bundle yet, just the claim saying x owed on basis of invoices ( yp hasn't received yet)
 Yp didn't know meter faulty and the readings recorded by inventory clerk make sense looking at current use, my use on my home and typical.use online..
Hoping will.get proper legal.advice.for next step.

Qyburn

What stage has the court claim reached, rashly assuming it's England or Wales, have they acknowledged service?

MattMattMattUK

TC77 said:

Hi thanks, we haven't received an evidence bundle yet, just the claim saying x owed on basis of invoices ( yp hasn't received yet)
 Yp didn't know meter faulty and the readings recorded by inventory clerk make sense looking at current use, my use on my home and typical.use online..
Hoping will.get proper legal.advice.for next step.

Getting legal advice will likely cost you far more, you also do not need it, this is going to be relatively simple to get to the bottom of with the evidence bundle and it will either be owed, or not owed, there will be no points of law to debate.

Qyburn said:

What stage has the court claim reached, rashly assuming it's England or Wales, have they acknowledged service?

Good point, I has as well. The fact that there is no evidence bundle might indicate that this is an LBA not court documents.

TC77

Yes acknowledged service and said defending  claim but setting out persistent request for detailed information such as apportionment over time and costs per time period etc and kee to mediate and when clarity and transparency will pay, and last information before claim received was an email saying they were doing investigations and taking out of legal process. 
They say sent another letter before action but not received. As they emailed you think they could have emailed with an update of their investigations but didn't. Think the email was from Customer Services people and not legal.
First time YP had been in flat on own previously supported housing and then room in shared house 
Submitting defence this weekend as had extra 14 days. Asked eon to engage outside court process to resolve but won't