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Help regarding a case I feel we have against Sainsbury's energy

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  • Help regarding a case I feel we have against Sainsbury's energy

    This is going to be long. I apologise in advance.

    In Feb 2015 we were turned down for a mortgage due to a default notice being registered on my husbands credit file from Sainsbury's Energy.

    The history to this is that we left Sainsbury's energy in March 2014.


    In August 2014 we received a debt letter from Wescott debt collection agency to say we owed £360 to Sainsbury's Energy. We called straight away and opened a dispute. We paid £120 even though we didn't need to at that time but wanted to look willing and that we were trying to swerve paying (if we did own it). Our dispute was that we never received any letters from Sainsbury's to say we owed this money and before we paid it in full we wanted proof of what owed.
    A few days later we received a letter from Wescott confirming our dispute and told their investigation can take several weeks and for us to basically wait to hear from them. We still have this letter.


    That was our last communication until we were turned down for a mortgage.


    Following this we complained to Sainsbury's with no luck.


    We then went to the ombudsmen and they sided with Sainsbury's as they are not allowed to take into account debt companies and couldn't take it in to consideration that we opened a dispute case. Which I find rather odd but never the less.


    We have since requested all our info- SAR - from Sainsbury's and have received this, including all the recorded phone calls between them and us.


    Having listened to the phone calls there's a few issues that have arose:
    1. They have no record of our payment in August of £120 to Wescott OR the fact we opened a dispute. Wescott never communicated this to Sainsbury's energy.
    2. They said they sent us a default notice on the 7th December. They then said they didn't and Wescott did and then they admit there was a fault their end and our default notice was never sent. This is all on their own recording they sent us.
    That conversation was between two customer services agents at Sainsbury's and we've only just heard this information. They actually then lie to us and tell us that they never send default notices, even though they've just had a long conversation about our default being one that was never sent due to their computer error.
    3. They told us they sent us final bills in April and May and then a reminder in June. We didn't receive any of these. In fact, we never received any communication from them the whole time we were with them but never thought anything of it.
    3. They asked if our bills were sent paperless and then said they didn't have an email address registered but in the written elements of the SAR they say they did have this (because we gave them one when we opened the complaint but they make out they always had it, even though the phone calls proves this isn't true). This is important as it could show the bills were never sent.


    Our question is. Is there anyway we could possibly get this default removed? We feel procedures were not followed correctly. We are aware it's not a legal obligation for energy suppliers to send a default notices and therefore we can fight this as a reason for removal. We feel miscommunication between Sainsbury's and Wescott have caused this default to be registered. We were in dispute and told not to do anything until we heard back from them and we didn't. Silly really in hindsight.


    Any help would be greatly appreciated.

    Tags: None

  • #2
    Re: Help regarding a case I feel we have against Sainsbury's energy

    The SAR should show all the readings from them and the bills including the final one did you get these?

    Comment


    • #3
      Re: Help regarding a case I feel we have against Sainsbury's energy

      Hi - yes in the SAR they sent the bills,

      Also incorrect. The electricity one is an Estimate and not an actual - every bill for electricity is estimated throughout the whole time. Apparently we owed £366.05. However the gas final bill says £366.05 and the electricity shows £309.02. So there isnt a proper and final bill.

      Comment


      • #4
        Re: Help regarding a case I feel we have against Sainsbury's energy

        Did you have a final reading that you took did you move or change supplier there must be an accurate reading somewhere

        Comment


        • #5
          Re: Help regarding a case I feel we have against Sainsbury's energy

          If you paid by card then there is a record of the £120 being paid out as well(apologies to cut in Wales)
          "Family means that no one gets forgotten or left behind"
          (quote from David Ogden Stiers)

          Comment


          • #6
            Re: Help regarding a case I feel we have against Sainsbury's energy

            Originally posted by leclerc View Post
            If you paid by card then there is a record of the £120 being paid out as well(apologies to cut in Wales)
            No probs trying to get OP to tell all seems somethings missing here with more info others should be able to help

            Comment


            • #7
              Re: Help regarding a case I feel we have against Sainsbury's energy

              We have the proof letters from Wescot that we paid £120 in September when we chased up our dispute. Salisbury didnt have any record of our dispute with Wescot until we told them in March 2015 when we first opened up our complaint regarding the default, Still to this date Salisbury have the dates we paid Wescot incorrect.

              They never asked us for readings. Our issue is that we were in dispute with Wescot. We have a letter here from wescot to say that while they investiagte we should not do anything and we should wait for their outcome and next steps. It even says in the letter the process can take several weeks. We did however chase it up in Sep (1 month after we started the dispute and were told to wait for them to contact us. It was then we made £120 payment as we wanted to do something).

              - - - Updated - - -

              Ps we also paid the remaining balance on 17th March 2015 when we found out about the default.

              - - - Updated - - -

              We changed supplier in April 2014.

              Comment


              • #8
                Re: Help regarding a case I feel we have against Sainsbury's energy

                Originally posted by wales01man View Post
                No probs trying to get OP to tell all seems somethings missing here with more info others should be able to help
                I think the bit we missed was that the OP has already gone to the Ombudsman, so my question is, are we already too far gone in the process to help?
                "Family means that no one gets forgotten or left behind"
                (quote from David Ogden Stiers)

                Comment


                • #9
                  Re: Help regarding a case I feel we have against Sainsbury's energy

                  We declined the decision by the ombudsman which means we are allowed to continue our fight.

                  Comment


                  • #10
                    Re: Help regarding a case I feel we have against Sainsbury's energy

                    What was the reading the new supplier was given this and the reading when you joined Sainsburys should give the total used whilst you were with Sainsburys and thus the total used and cost can be worked out

                    Comment


                    • #11
                      Re: Help regarding a case I feel we have against Sainsbury's energy

                      The issue isn't the amount. We don't care about the money to be honest. The issue is we didn't receive final bills and when we recieved a debt collector letter, we opened a dispute. We were in dispute when the defaults were registered.

                      Comment


                      • #12
                        Re: Help regarding a case I feel we have against Sainsbury's energy

                        If the dispute with the DCA has not been resolved have you had contact with them recently if they placed default only they can remove it

                        Comment


                        • #13
                          Re: Help regarding a case I feel we have against Sainsbury's energy

                          The DCA didn't register the default. British Gas did - well Sainsbury's energy but it shows on our credit file as British Gas

                          Comment


                          • #14
                            Re: Help regarding a case I feel we have against Sainsbury's energy

                            Just for clarification:

                            We never received final bills in April and May 2014 although they have copies of these letters in our SAR.

                            We had a debt letter in August 2014. We opened a dispute regarding or lack of final bills. Told by DCA to wait for them to investigate and it can take several weeks. We have a letter of proof of the dispute we opened.

                            We chased the DCA in September 2014. and we were told to wait as they were still investigating. We paid £120 to show we weren't trying to get out of payment. We have proof of payment by means of a letter from Wescot.

                            We were refused a mortgage in March 2015. Two defaults -one for gas, one for electricity registered in Feb 2015. Registered by British Gas/Sainsbury's energy.

                            We paid the remaining balance to Wescot in March 2015 and told they were still waiting for information from Sainsbury's regarding our dispute. We have proof of this again by letter.

                            We open up a complaint with a Sainsbury's in March 2015. We do not get any of the information we requested - copies of final bills.

                            May 2015 open a case with ombudsman. They can't help in the end because they cannot investigate debt collection companies and could only look at our case with a Sainsbury's. We rejected their decision.

                            We requested SAR from Sainsbury's. Received paper and also a CD of all phone calls between us and them.

                            The so called final bills incorrect. Wrong amounts on the letters plus the electricity final bill is an estimate.

                            They had the wrong information finally from wescot. Wrong dates we made payments within the SAR paperwork.

                            They have put our defaults to settled from May 2015 instead of March 2015.

                            They lied to us on the phone about the default notice.

                            We think this has all happened due to miscommunication between a Wescot - a company they employ to work on their behalf and themselves. Sainsburys have nothing in their notes about our dispute or payment in September. This only shows in their notes following our complaint in March 2015.

                            Comment


                            • #15
                              Re: Help regarding a case I feel we have against Sainsbury's energy

                              Any further advice?

                              Comment

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