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Energy supply company claim

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  • Energy supply company claim

    Hi. I had a dispute with my previous energy supplier over an unnotified change in tariff and subsequently changed to a different energy provider. One of the additional factors that motivated my change of provider was the almost total lack of communication either by email or phone. Emails were not responded to. Telephone calls went unanswered or after a long wait (at least 20 minutes) an answer machine recorded message would play and ask me to leave a message which I did but no response was ever forthcoming. After 6 months, I have received a notification from the Money Claim court of an outstanding amount plus interest and court fees etc. The details are below:

    Received a claim? Yes/No: Yes. Claim received by email on 3rd June 2021

    Issue Date: 4th June 2021

    Have you Acknowledged the Claim?: Yes and extended 14 days to 7th July 2021

    Total Amount Claimed : £165

    Claimant’s Name: Symbio Energy Ltd

    Solicitors Firm:

    Original Creditor:

    Original Debt (eg. Credit card/Loan/Overdraft) : Energy bill of £64

    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): The claimant is an electricity company in United Kingdom. The claimant states that the defendant entered into a contract with the claimant on 14/07 /2020 to supply electricity to the defendant’s property. The supply of electricity to the defendant started on 14/07/2020 and continues. The claimant states that the defendant never paid his electricity used from the 9 /11/2020 . The invoice contains the total outstanding amount of £64 and includes any outstanding balances. In lights to the above stated the claimant claims the sum of £64 plus interests and costs.

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No

    List any letters you have sent (eg: CCA/ CPR ):

    Any Other Information or Background Details: After receiving no response to emails or telephone calls regarding a change in my energy tariff that was not notified, I used the "Resolver" website to start a process of escalation up to the Ombudsman. During this time, I initiated a change of energy supplier and it was at this point that I received my first communication from Symbio Energy asking me to confirm that I had initiated the request. I acknowledged and asked them to only communicate with me through the unique email address provided through the "Resolver" website.

    The only other communication was an email with my final bill before the change of supplier. However, I requested that they amend the bill to reflect the original tariff I had been on. There was no response and no further communication from the company. This was in December 2020. The next communication was the Money Claim email from the county court on 3rd June 2021.
    Tags: None

  • #2
    I have acknowledged the claim and extended the deadline. However, I am not sure how to proceed with the next step of defending the claim. Whilst there may be an outstanding amount that I owe, I am in dispute with them over the calculated amount. They have charged me at a higher tariff than I originally signed up for. As I received no notice of the increased tariff, I requested (all documented) that they reissue any outstanding bill on my original tariff. However, there has been no acknowledgement of my request and the amount claimed is based on the new, higher tariff.

    I am also in the process of raising the matter to the Ombudsman due to the lack of communication from the company and the unnotified tariff increase. This is being processed through the "Resolver" website: https://www.resolver.co.uk

    How should I respond to the claim? Should I select the option to admit part of the claim or reject all of the claim?

    Comment


    • #3
      efpom

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      • #4
        Originally posted by efpom View Post
        tagging self?

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        • #5
          tick defend all at this stage, admit nothing there is a dispute in progress, Des-8 defence comes later where you will state the facts!

          Comment


          • #6
            Did you receive a letter before claim? - If so, could you post that up? Also, it would be useful, if you could post up the claim form itself - redact your personal details.

            Comment


            • #7
              Originally posted by efpom View Post
              Did you receive a letter before claim? - If so, could you post that up? Also, it would be useful, if you could post up the claim form itself - redact your personal details.
              Not sure what "Letter before claim" is. The last communication I had with the company was back in December last year when they just apologised for not keeping in touch and then didn't stay in touch again about my complaint. The next thing I get is the email from the HM Courts & Tribunal Service with a link to the claim.

              Today, 8th June, I received the same claim details by post from HMC&TS.

              It states in the claim that "The supply of electricity to the defendant started on 14/07/2020 and continues." That fact is untrue as I switched supplier. Symbio sent me an email on 11/11/2020 asking me to confirm that I was switching supplier. The last communication from Symbio Energy was an automated reply on 14th December 2020 notifying me that they had received my email query and would respond within 72 to 96 hours. 4,200+ hours later... still waiting.

              Last edited by b789; 8th June 2021, 13:29:PM.

              Comment


              • #8
                Should I accept the free telephone mediation on the online form?

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                • #9
                  I suggest you do not mediate.

                  Comment


                  • #10
                    I mean the free, HMC&TS service. I am prepared to settle the original bill if they agree to charge it at the originally agreed tariff. By my calculation, the final bill should have been £17.33 and not their claimed £64.33. If they don't agree to that, I just let it go before a judge with all the evidence of no-communication from them and show the escalation steps I took through the "Resolve" website. Right now, it has been escalated to the Ombudsman but a resolution from them is likely to take longer than the final response date for this claim.

                    Can I ask why you do not suggest mediation?

                    Comment


                    • #11
                      Mediation is a personal choice. I will not comment further on that.

                      The Ombudsman falls away because proceedings have issued.

                      If you wish to make an offer to settle, I suggest that you make it after a date for a hearing has been set down.

                      The chances are that this claimant will not make any response to your defence and, if that turns out to be the situation, after 28 days from filing your defence, the claim will automatically be stayed.

                      Comment


                      • #12
                        Originally posted by b789 View Post

                        Not sure what "Letter before claim" is. The last communication I had with the company was back in December last year when they just apologised for not keeping in touch and then didn't stay in touch again about my complaint. The next thing I get is the email from the HM Courts & Tribunal Service with a link to the claim.

                        Today, 8th June, I received the same claim details by post from HMC&TS.

                        It states in the claim that "The supply of electricity to the defendant started on 14/07/2020 and continues." That fact is untrue as I switched supplier. Symbio sent me an email on 11/11/2020 asking me to confirm that I was switching supplier. The last communication from Symbio Energy was an automated reply on 14th December 2020 notifying me that they had received my email query and would respond within 72 to 96 hours. 4,200+ hours later... still waiting.
                        It might be an idea to send the energy company a Data Access Subject Request, it costs you nothing, but will provide you with all the data on your account. Ask for everything. You can email it to them, just find the correct email address for their Data Protection Department. They have 30 days to respond. The more information you have at hand the better. The template can be found here. - https://legalbeagles.info/library/gu...ccess-request/

                        Comment


                        • #13
                          The company contacted me yesterday to ask what was needed for me to withdraw the Ombudsman complaint. I requested they withdraw the Money Claim and revise the final bill to reflect the original tariff that had been agreed, to which they subsequently sent out the revised bill.

                          After I received notification that they had withdrawn the Money Claim (They said I had paid it, which I haven't but it has cancelled the action), a revised bill was received today. I have notified the Ombudsman about this but I haven't actually withdrawn the complaint as it is to do with their lack of communication which has only been stepped up since the Ombudsman has started investigating the complaint.

                          Thank you for the assistance and advice. I was looking forward to challenging their claim at a hearing but, alas, it will not now be.

                          SAR was sent 7th June but not had a response yet.

                          Comment


                          • #14
                            Have you received a notice of discontinuance"?

                            Comment

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