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

MattMattMattUK

TC77 said:

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. 

From reading your replies they seem quite vague and slightly incoherent in places, I am wondering if that is part of the problem.

What stage is the claim actually at, what documentation have they received and what, if anything have they submitted so far?

TC77 said:

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.

Has the account holder updated them with their new address? If not they will have potentially sent documentation ot the last known address. An LBA must be sent in the post, via email is not valid, so they will have posted that. Is there a chance that the account holder has been sticking their head in the stand, deleting emails, not opening post etc?

TC77 said:

First time YP had been in flat on own previously supported housing and then room in shared house 

Were they ever on the Priority Services Register?

TC77 said:

Submitting defence this weekend as had extra 14 days.

What do you mean by "extra 14 days"? Do you mean 14 days of the response period left, or do you think you have an additional 14 days on top of the previous response deadline for some reason?

TC77 said:

 Asked eon to engage outside court process to resolve but won't

They will not, no, things have gone too far for that. Stop focusing on trying to get this taken back out of the legal process and get the account holder to engage with the process. Review the evidence submitted by the claimant and respond accordingly, either to say yes, he owes the money, or no, we disagree because of X, where X needs to be a valid reason, not just "I do not want to pay". The account holder, if a CCJ is issued against them can then agree a payment plan with EON. 

One final point, either the account holder has capacity or they do not. If they do not have capacity then they should not have entered into a legal contract in the first place and that could be a partial defence, however it also means that they should not have had control of their financial affairs. If they have capacity then a claim of being "vulnerable" will not be accepted as a form of defence. Do you have POA or Guardianship over them and their affairs? If not then you need to be careful responding to the legal process on their behalf, as, if done incorrectly your submission on their behalf will not be valid. 

Qyburn

I think the reference to 14 days is to the time allowed after acknowledging service with intention to defend. Is the claim more or less than £10k?  You may have the opportunity for court appointed mediation once the process has moved on.

TC77

Hi thanks everyone, Yes Qyburn, the 14 days is the additional time once  acknowledged service. The vulnerability is mental health and disabilities covered by the Equality Act which means they should make reasonable adjustments which is different from having mental capacity. The YP has authorised EON to talk to me and has written to the court asking that I can also. I know this is different from guardianship. Sending hard copies of documents is a reasonable adjustment I think. The only detail provided is the amount in £ , not the amount of energy used. Think have short defence and YP will get legal help for next steps.
The customer care side has been appalling from EON as said will send things and call but then don't. 
Yes well below £10k, so hopefully mediation. The YP will pay if they can see how calculated and fair, although annoying as if EON had noticed their equipment not working in a timely manner may have been able to access household support and energy fund as YP not able to study/work as recovering from surgery after being knocked down in a hit and run.
Appreciate thoughts but will draw a line under discussion, and as I'm recovering from Covid my brain fog is clearing - I had been worrying with deadline and unclear the process EON should have followed and if this would be one of the points in the defence.  I has thought they would send signed for letters but now realise they don't do this as people refuse to sign!

phillw

It doesn't really matter what they should do.

If you can show the court that you were engaging with them and asking for details of how the debt was calculated, then there isn't much more you can do.

I would still keep trying to engage with them, court cases can be ended at any point.

TC77

Thank you, I made a complaint about emails from customer care saying they'd call several times , didn't and would send hard copies of paper and no of things and got the response they'd closed my complaint and litigation  told them not to provide me with any information , including contact for vulnerable customers.  
I'm.hoping to get dsar information in 10 days as there is information they said sent to YP which they haven't got 
I 'll approach again for mediation/ discussion so helpful to be told to continue to try and engage and YP is getting advice. Thanks again . 

Chrysalis

The way I would treat this is simple.

I would tell them I am happy to pay any bill the moment they provide the appropriate evidence.

Since they are a business and want the money, this should at least get something moving on the evidence front.

Also are the letters directly from them or is it a debt sold to a 3rd party?