Preaction contract breach for commison fees- please help

[Babbie94]

I was signed up by lets say broker A in the morning of august 21st 2024. A long phonecall, lease sent, letter of authority signed etc. Then the afternoon of the same day received a call from broker B, witheld number no clarity on whom they worked for and was told that my contract from that morning wasn't in place (which led me to believe they were from the same broker) and they told me I was paying emergency rates and offered me a tariff with a different supplier. No letter of authority signed, much quicker phonecall. The second suppliers contract never went live as my first contract took precedence.

11 months later, preaction are requesting unpaid commisons of £750 per meter- plus VAT. Only documents they've provided me are the signed contracts from the supplier but no letter of authority or any proof that commison fees or terms and conditions from broker B were discloses. I've been sent a link to broker B terms and conditions and told its my due diligence to have sought these or requested them? Also been told my argument that broker B lied to me and misold my contract is heresay. Broker B has this afternoon confirmed all phone records are deleted after 90 days so I don't have that to request as evidence.

Any help or advice would be hugely appreciated..

[atticus]

I see that you have posted this twice, and have yet to receive a reply.

Can you please set out the facts more fully, and in a clear and logical order. You might want to start by saying whether you are an individual or a business, and what the particular service is.

Also, who is "preaction" that is requesting money from you?

[Babbie94]

Apologies I'm completely new to this site and when I initially made my post I thought I'd put it in the wrong place and can't figure out how to delete it.

I am a Sole trader and Preaction Ltd are a debt recovery service who work on behalf of energy brokers and the service they are claiming commision for is an energy contract for both gas and electricity hence then £750 per meter charge. Thankyou

[PenNotSword]

Hi, I've just come across this thread whilst looking online for information about PreAction Ltd, because they're threatening my elderly uncle. He's 80 in less than a month, has recently had 2 strokes, and has cancer. I'm helping him to draft a response.

I fully understand they don't have a case. The "terms and conditions" on PreAction's website can't be tied to the alleged contract with British Gas. In fact, it seems to me the company may potentially be guilty of some quite serious crimes such as fraud by false representation in breach of s.2 Fraud Act 2006, false accounting in breach of s.17 Theft Act 1968, blackmail in breach of s.21 Theft Act 1968 and Harassment in breach of s.1 and/or 1A of the Protection from Harassment Act 1997. For the avoidance of doubt, this is just my personal opinion and I'm not making any statement of facts about the company, its directors, employees or agents.

To show breach of s.1A of PHA 1997, it's necessary to show "a course of conduct —
(a)which involves harassment of two or more persons".

https://www.legislation.gov.uk/ukpga/1997/40/section/1

My uncle is 1 person. I wondered if you might be willing to say you've also felt harassed? There are 2 potential avenues of recourse to try to stop these people - civil and criminal. My feeling is that these people can't be allowed to go on apparently threatening, intimidating and coercing payment from, sometimes, vulnerable people, on what seems to me to be no reasonable or legitimate grounds. Do you feel as strongly as I do?

[PenNotSword]

It seems that one of the directors of PreAction Ltd is Stephen Andrew Wiles:

https://find-and-update.company-info...90402/officers

Who is a solicitor, regulated by the SRA:

https://www.sra.org.uk/consumers/reg...aNumber=147226

Does anyone have any views on whether Mr Wiles might be in breach of the Solicitors' Regulation Authority ("SRA") Code of Conduct (e.g., paras 1.2 and 1.4) by PreAction's actions?

https://www.sra.org.uk/solicitors/st...ct-solicitors/

Any relevant legislation (Legal Services Act 2007 aside) or case law anyone can point me to, please?

[atticus]

[deleted ... posted on wrong thread]