Judgment set aside... Defence to be filed in the next 4 days. Help!

[charlii]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

ahhh ok i see, so the original bill was £1055, they then corrected it to £667 after a year. should back billing not apply i woudl expect a gesture of good will applied either way as they were aware and it was their fault.

yes we made payments up to Oct 2015 which is when i thought i had succesfully switched to OVO and started paying them by Direct Debit.

EON are aware of the erroneous transfer

[charlii]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

Is there any other way we can file for compensation for the issues they have caused? How would we go about doing that? I wouldn't be looking to do that until we have sorted this judgment out but they have caused so much distress and unnecessary worry i want something done about that!

I had enforcement agents threatening to get a locksmith and enter my property to remove goods to the value of £1055 all because they incorrectly billed me.

How would you proceed?

[Amethyst]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

Does the £1055 they claimed account for the payments you made throughout the year?

Have you made any complaint to OfGem ?

[charlii]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

Apparently it does include our payments but i would need to double check that bill.

And no complaint to OFGEM yet. Is that the way we should go?

[Amethyst]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

Definitely complain to OfGem about Eon's entire handling of this, and of the erroneous transfer to OVO. compensation wise then a complaint to the ombudsman may assist - https://www.ombudsman-services.org/energy.html - although it isn't something I know much about.

Of course let's get this defence sorted first.

[charlii]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

Ok brilliant. I will look at complaining to OFGEM once this defence is sorted then.

I am unable to complain through Ombudsman, they will not touch the case once its in court. I attempted to go via them and they rejected the case for this reason.

I will upload as much of my defence details this evening as possible for you to take a look.

I really do appreciate this help! Im very grateful! so far ive been working this case purely on my google research and my energy knowledge as i thankfully work in the energy industry now

[charlii]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

Hello.. How do i upload an attachment please? I have the defence ready to show youu

[Amethyst]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

If you click on advanced there's an image of a paperclip which will allow you to upload a document. It can be a bit complicated so it's fine to email it to me if you prefer, admin@legalbeagles.info

[charlii]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

Fab! Thanks!

I've emailed it across to you.

[R0b]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

Sorry to charge on the back of this, but if you file a counterclaim combined as part of your defence, you do not need to pay the application fees - its free. You only pay the fees if the counterclaim is made after the defence is filed.

As for the back billing, it would seem you might have a case to defend. Potential negligence as a counterclaim against Eon and other things. Is the total cost they're claiming include the amount that would be excluded under the back billing? and that's where you get your £190 outstanding from?

As for Ofgem perhaps you could write to Eon and suggest consent is given to stay the claim pending an investigation from Ofgem. Alternatively you could ask the court at the hearing to stay the claim as it is a form of ADR and thy are well versed in the backbilling principles - you don't ask you don't get

[Amethyst]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

You don't have to pay application fee's that is correct, however you do have to pay the court fee, so if you were claiming for £1001 it would cost £70 and so on ( see https://www.gov.uk/make-court-claim-...ney/court-fees )

I have the application ( thank you) will copy paste...

I believe the judgment should be set aside because I had suggested to E.on that i felt the amount was wrong and wanted to have a complaint filed due to suspecting being charged a business rate, this property used to be a shop. They have tried to bill me multiple different amounts throughout the supply period all of which were incorrect, and have not given opportunity to pay by Direct Debit as i requested in March 2015. I did not refuse to pay. I never refused to pay. I simply requested a correct bill. Had they have billed me correctly in March 2015 i would not be in any debit at all. I have simply requested that they investigate and bill me correctly. They ignored my contact and proceeded to file a judgment. There is now a case with the energy ombudsman and this will be investigated within the next 6 - 8 weeks. This will also be a case for the financial services as it is detrimental to my credit record.I would like opportunity for my case to be heard following the ombudsman investigation and the report to Ofgem for the failure to produce a correct bill in relation to the code of practice for accurate bills paragraph 3. I will provide the revised bill showing

proceeded to file a judgment. However they have now admitted that this was incorrect and they have sent an email confirming this but will not retract the judgment. The outstanding balance is not £997.96. They have tried to bill me multiple different amounts throughout the supply period all of which were incorrect, and have not given opportunity to pay by Direct Debit as i requested in March 2015. I did not refuse to pay. I have simply requested that they investigate and bill me correctly. There is now a case with the energy ombudsman and this will be investigated within the next 6 - 8 weeks. This will also be a case for the financial services as it is detrimental to my credit record. The only reason i did not file for a set aside earlier is due to waiting for them to rectify this, i have being passed from department to department. All of which had promised a resolution and given timescales of 2 weeks, 7 days, 8 weeks, etc... I will also be filing a claim for stress, humiliation and damage of character.

They have admitted incorrectly billing me for the entire period but will not retract a judgment or amend it. They have revised the bill but i do believe it is still incorrect as it includes charges for visiting my home to threaten me with entry using a locksmith for a balance which the have confirmed now was inocrrect. The revised bill also includes charges for unpaid bills that were always wrong. I requested they apply the back billing code and remove the incorrect charges but they have refused to help me any further and advised me to refer back to the enforcement agents who have also threatened me multiple times of entry to my property with a locksmith. I never refused to pay. I simply requested a correct bill. Had they ave billed me correctly in March 2015 i would not be in any debit at all.

I would like opportunity for my case to be heard following the ombudsman investigation and the report to Ofgem for the failure to produce a correct bill in relation to the code of practice for accurate bills paragraph 3.

[charlii]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

Hiya Rob

Thanks so much for your advice!!
Yes they originally tried to claim for £1055, this was based on a business tariff and inclusive of all their debt collection fees and charges. And also 20% VAT.

They then issued a corrected bill which was for £667, this is inclusive of all usage based on a variable domestic tariff, and also their debt collection charges and interest and VAT at 5%.

Should they have not had a business tariff attached to my domestic account I could have changed my tariff in April 2015. ( Or switched away !! ) The reason they couldn't change tariff is because the account was screwed basically. A business tariff should not even be able to be attached to a domestic account as per their case resolution manager!! Every agent prior to that must have just been looking at my account and not been able to make head nor tail of it.

Should back billing be applied and the payments i made be taken into account with no debt collection charges yes, the outstanding amount would be approx £190.

Take into account the fact that I should have been able to be on a cheaper fixed rate from April and have a Direct Debit payment option giving me Direct Debit discount and e-billing discount... it would be even less then that!!

How do you think i could prove negligence? Does my case seem pretty obvious of that? and what would you say are my chances???

Thanks again !!

- - - Updated - - -

Hey Amethyst....

Good Afternoon

Did u manage to have a read through my email?

[Amethyst]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

Do you have a copy of the original particulars of claim from the original claim? Preumably it's quite standard ' money owed ' rubbish.

[charlii]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

Yes I do, not with me though. I can upload this eveing.

But yes its literally 'money unpaid under the schedule 6 electricity act of 1989'

I have also referred to paragraphs of the elec act 1989 for my defence
That is what they are going by to claim but they have broken points of that contract themselves!!!!

[charlii]

Re: Judgment set aside... Defence to be filed in the next 4 days. Help!

*********Ok. We best get on with it then. I am a little concerned over EON being awarded costs though, as your application for set aside was successful, you'd discussed with EON previously and asked their consent to set aside, and they chose to attend court to dispute the set aside. Do you remember much more on the discussion as to costs? REALLY you should have been awarded the appication fee and hearing costs as you suceeded in your set aside - or at least costs should have been in the case - so reserved for when the final outcome of the defence - not payable straight away.***********


I've only just re read and noticed this part....
Is this not normal procedure. I thought that was strange too!! However he clearly said we were to pay them and the representative of EON requested a sanction???