NPower gas 'sculpting'

1carminestocky

AFAIK, you can request them under the DPA guidelines, and I also believe the maximum they can charge for this is £10?

Grumpy4u

This is an update on postings 1144 and 1154 (p.58)
Having just returned from a couple of weeks abroad, I found not one but two letters from npower waiting for me! The first, dated 8th May, is an exact copy of one I received a month ago from Richard Gelson, Complaints Centre Manager, apologising for the length of time it had taken for them to contact me. It’s a pity he had not looked in my file before sending it.
The second, dated 19th May and quoted below, is from somebody in “Executive Complaints” and is obviously intended to make me feel warm all over and happy in the knowledge that Dear Old Uncle Npower is looking after my best interests. It does not address my original complaint, nor does it make any reference to the “more detailed letter” promised in that terrible email (see post 1154).
I would be interested in the reactions of DD, Sterling, Meggsy & co and any advice on the next step. Sadly (and much to the delight of the Complaints Centre staff no doubt) I am not really made of the sterner stuff of those stalwarts for whom I have so much admiration! Keep up the pressure!!


Thank you for contacting us to express your concern about your gas account.
First, let me describe the background to npower's current gas tariff structure. Npower gas tariffs for non-prepayment customers are "two tier" tariffs, i.e. 4,572 kWh each year are charged at the higher 'primary' block rate, the remainder at the lower 'follow-on' rate. This two-tier tariff structure was introduced in 2003 when unpopular quarterly fixed charges were withdrawn. The difference between the two rates is designed to recover the fixed costs we face as a supplier regardless of the level of gas used by each of our customers.

The reason for weighting the application of the primary unit block, i.e. charging a higher number of primary units in winter months and lower number in summer, is to increase the confidence we have in recovering fixed costs from all customers equally. If we don't do this those customers who use little or no gas in the summer months do not make a fair contribution towards their fixed costs and this leads to the unfair position where one group of customers effectively provides a cross-subsidy to another group.

We temporarily suspended the seasonal weighting of the primary unit block for a period during 2007 at the same time as the programme we were undertaking to move all gas customers' billing records to a single billing system. (You may know that npower was formed by combining a number of separate energy companies into one larger group. Each of the individual companies had their own billing systems and in recent years we have undertaken the complex task of transferring these customer billing records on to one dual-fuel system). Changing to the simpler 'flat primary block profile' methodology produces less complex bills and made the considerable technical challenge of migrating records from system to system slightly less complex.

Importantly, when suspending seasonal block weighting in this way, we reduced the price of our 'follow-on' units and increased our direct debit dual fuel discount from £60 to £80. This package of measures therefore needs to be considered together.

I trust this rather lengthy explanation provides reassurance that you have not been incorrectly charged. Thank you for bringing this matter to our attention. I sincerely apologise for the confusion and any inconvenience these charges have caused.

Upwind

Grumpy4u - also DD, Sterling, Meggsy and co

Not that this will be of much help to you personally; but in an act of solidarity, let me update you and ‘the gang’ of my current situation with npower - my letter at #1197 refers.

I have just had an unsigned letter back from the 'Complaints Team' stating that my issue has been assigned to one of their 'advisers' who will 'ensure your issue is resolved and keep you informed of progress'. It goes on to point me towards their webpage’s should I need to look at their complaints procedure and also details their '0845' number if I have any questions. I do at least now have a complaint number........

I will also be seeking the continued advice of the stalwarts on this thread who have advised me so well to date......

In addition I have managed to get the ‘advanced’ refund of my dual fuel discount by reading my meters shortly after receiving my last bill and providing new (and accurate) figures to npower. I was also able to get them to return a sizeable amount of money that I was 'in credit' for on my bill. Although, true to form, I even had to escalate matters there also and needed to speak to a manager after the initial 'adviser' I spoke to refused point blank to return my money. As I pointed out to the manager, to my knowledge npower are just an energy provider, not a bank..!!

Anyway, I am now free to look for a new energy provider - EDF look favourites - although first:utility may get my consideration as I would like one of the new smart meters - any advice would be greatly received - I am in East Midlands so I may be restricted to who I can go with.

Keep the faith and don’t let the b******s grind you down.

Sterling

Hi Grumpy4u

What you are getting is the classic run-around from npower. The way to break the loop is to issue a “letter before action”. This should be sent through the post for full effect; and sent by recorded delivery. The purpose of such a letter is to give npower a formal warning that you do not accept npower’s excuses and that unless your claim is satisfied in full within 14 days, you will issue County Court proceedings against npower without further notice.

By the way, I know from your post #1148 that you feel DD’s Stage 2 type claim is too complicated for you, and on first reading it may appear that way; but I would earnestly suggest that you set aside some quiet time to have a couple of gentle read-throughs, and I think you will gradually find that it is nowhere as complicated as you think. The extra amount of dosh that this will add to your claim will be considerable.

I should add that the mere fact that your emails thus far have not included this side of things does not matter a jot. In your “letter before action”, you merely have to say that since you last emailed them you have taken advice and have found that your claim has been widened in scope and size accordingly. I suggest you have a look at Mick Steel’s claims letter in his post #1197 as it may help you draft yours.

Also, I feel at £20 you are selling yourself way too short on compensation for the time and effort npower are putting you to. Even if you are (say) retired you should cost your time at no less than the minimum wage per hour. Keep a note of every item of time spent on this including your research on this thread, and the time it takes to write letters. Keep a record of the cost of postage too. Add the revised time element to your claim (thus far) in your letter.

By all means come back if you have any further problems in drafting your letter etc.

Good luck.

---

Hi Mick

Thanks for that. As with my above reply to Grumpy4u, I think you are being given the run-around by npower too. Unfortunately although your letter (post#1197) gave npower 14 days to settle, you only said you would “initiate recovery proceedings” and that as you failed to specifically mention commencing court proceedings, your letter does not count (I fear) as a “letter before action”.

I have no doubt that until you send npower a letter (by recorded delivery) giving it 14 days to settle your claim in full, with the clear and specific warning that failure to do so will result in County Court proceedings against npower without further notice, you are just going to be fobbed off from pillar to post.

Good luck

Upwind

Sterling

Thanks for your reply. I didn't realise the 'letter before action' concept at the time I sent my letter - I thought that I had covered all the bases. My worry is that I haven't the first idea how to initiate County Court proceedings and am unsure if I even have the courage to go through with it........!! How does one go about this and is it easy?

Would I be better to sit tight for the time being to see how the 'Complaints Team' approach my 'issue' before progressing further, or send a follow up letter now that encompasses the 'letter before action' that you suggest?

Sterling

Mick_Steel wrote: »

Would I be better to sit tight for the time being to see how the 'Complaints Team' approach my 'issue' before progressing further, or send a follow up letter now that encompasses the 'letter before action' that you suggest?

I think you will find that npower’s Complaints Team is never going to agree with you, unless there is cause to do so. If you send a “letter before action” as explained in my previous post, that gives npower three basic options of settling your claim in full, making an offer, or sitting tight to see if you actually start court proceedings.

From how you word your letter the guys at npower will try to guess whether or not you are bluffing. So your letter needs to be drafted in such way as to demonstrate that you are perfectly familiar with County Court claims, and that such proceedings will be commenced after 14 days if the deadline is not met. I would be pleased to help you draft such a letter.

As for taking County Court proceedings, this is perfectly straightforward, and again I would be pleased to help you if needs be. As you may know from perusing this thread, the only time that npower allowed a sculpting claim to go to court, it lost. Since then (as far as I am aware) npower has settled every court case before the issue has been heard, including DD’s claim.

I feel absolutely sure that DD will be just as anxious to help, and I imagine that as he has not thus far responded, barring accident or emergency, he is either having a well deserved holiday, or is wading through a mountain of FOIA stuff from Ofgem.

tracyjayne

Just a quick note for anyone thinking of changing to n power (tho i'm sure you wouldn't after reading this thread!!!)

DON'T DO IT!!

I changed to N power in oct of last year, i've just had my 1st 6 monthly bill and it was ......£780

This is nearly 3 times what i was paying at southern electric but they are stating that the bill is correct

I'm a single parent with a 2 year old, in a tiny 2 bed house and there is no way i can afford that.

N power are un caring rip off merchants and i would advise anyone to stay well clear.

DirectDebacle

Grumpy4u wrote: »

I trust this rather lengthy explanation provides reassurance that you have not been incorrectly charged. Thank you for bringing this matter to our attention. I sincerely apologise for the confusion and any inconvenience these charges have caused.

Hi Grumpy. Sterling is correct in what he says. The above extract sums it up, it is npowers confirmation that your complaint/claim has been investigated by npower. They have exonerated themselves and closed the case. Ball now in your court.

Way I see it you have three choices

1. Forget it and move on

2. Ombudsman

3. County Court

My view is that the Ombudsman, an organisation set up and financed by the energy companies themselves is more or less on a par with option 1.

I will try to put Mick Steel at ease with the County Court procedure so my reply to his post will apply to you should you feel it is an option for you.

DirectDebacle

Mick_Steel wrote: »

Sterling

Thanks for your reply. I didn't realise the 'letter before action' concept at the time I sent my letter - I thought that I had covered all the bases. My worry is that I haven't the first idea how to initiate County Court proceedings and am unsure if I even have the courage to go through with it........!! How does one go about this and is it easy?

Would I be better to sit tight for the time being to see how the 'Complaints Team' approach my 'issue' before progressing further, or send a follow up letter now that encompasses the 'letter before action' that you suggest?

Hi Mick,

Like you I had never started County Court proceedings before and was apprehensive to begin with. There is much useful information available and in particular the Courts themselves. I have put some links at the end of the post. The small claims track is set up to be as user friendly as possible and my local county court was very helpful and willing to give advice. They will not give legal advice but any information as to procedures to follow and 'how it works' they were most forthcoming with. I assume your court will be just as helpful.

The court itself is as informal as a court could be. No gowns or wigs worn by the judge and barristers/solicitors, though not barred, are not encouraged.

To start you need a claim form and the initial fee. The fee varies according to the size of your claim. The fee scales are on the web or your court will tell you. The claim form can be downloaded or you can obtain one from your court.

The initial claim will require basic evidence of your claim. You will need to provide sufficient information to show you have a claim but a full statement is not necessary at this stage. A full statement with supporting evidence and original documents will be required later on in the process. The purpose of the initial claim is to provide sufficient evidence for the court to issue a summons.

Have a read of the info on the the linked pages and do as much research as you can. I can assure you from my own experience that it is not as daunting as it might seem and there is plenty of help available.

npower are stonewalling you. They have had sufficient time to examine your claim and give you a proper response. When you feel ready I would write to them informing them that if they have not settled within 7 days you will commence court proceedings.

Remember you can halt these proceedings at any time up until you step through the door into the court room. A court date will probably be 6 months away if you started the process today. npower will have plenty of time to resolve the matter should they wish to. No point waiting another month or so in order to receive a letter along the lines of the one Grumpy just had.

http://www.hmcourts-service.gov.uk/

http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm

http://www.justclaim.co.uk/index.php?page=procedures

http://www.doyourselfjustice.com/contact.asp

http://www.justclaim.co.uk/bb/viewforum.php?f=1&sid=358e5be22ac3fb1e061dab7caa843fa2

The above links I found useful and informative but are by no means exhaustive. Good luck.

Upwind

Sterling/DD

Thanks again for your responses guys. Your time and advice are greatly appreciated and if I am to persist with this, I will undoubtedly need to take you up on your kind offer of assistance. I have sent you a PM with a couple of questions/thoughts that I would be grateful of your consideration on.

In think that in the first instance I should draft a follow-up letter to npower referring to my previous letter and escalating the threat to court proceedings.

It would appear that the court fees would be around £65 and I have found the claim (N1 Claim Form) from your links DD and it does appear (at first sight) to be reasonably straight forward.

I have sent you both a PM with a couple of questions/thoughts that I would be grateful of your consideration on. Maybe it is me being paranoid, but perhaps I should consider not discussing (at great length) details of how I am to approach this issue on the forum – you don’t know who is watching…..!