EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Complaint

[R0b]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

Why don't you start making some inquiries now and try to get an initial consultation whilst you are waiting to hear back from EON so you can hit the ground running if they don't respond and someone is willing to take your case on.

[Patch007]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

Hi R0B,

Thanks for your reply.

I don't want to waste anyone's time.

I've emailed E.ON again this morning - 3rd October 2017.

I'm giving E.ON until 5PM Friday 6th October 2017.

I don't want E.ON or any Judge saying that I didn't give E.ON any time to sort this mess out. E.ON were quick enough to create it and they were fast and furious with their threats and filing of late payment markers and defaults.

Once Friday is up then E.ON will have had their chances.

I have tried to keep the details as brief as possible but the way that E.ON has treated and threatened us - has been disgusting.

[R0b]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

No worries, I am sure there's no harm in waiting to see if they reply, just thought it would be helpful to get some initial advice as to your prospects and what to expect. I don't doubt that your experience has been very much sub-standard and clearly shows them in a poor light, but if your patient enough, things should turn out in your favour

[Patch007]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

Hi R0b,

The signs are that E.ON are trying to dodge out of their agreement to remove ALL the Late Payment Markers and Defaults if we stopped our action via the Energy Ombudsman.

The other issue is Equifax - I had been in Twitter DM conversation with them over this - but since last week they haven't responded to any one of six two-line messages I have sent them since Saturday 30th September 2017.

So I'll be seeking to attach Equifax to any legal action that my wife and I take against E.ON

[Patch007]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

Hi R0b,

My wife and I have talked things over and we agree with you that it would be a good idea to 'start making some inquiries now and try to get an initial consultation'.

In the circumstances - when you get a chance - could you please point us in the direction of a lawyer that would be interested in handling our case on a 'no win no fee' basis'.

E.ON have already admitted their mistakes in writing - it's just a case of getting them to remove the Late Payment Markers & Defaults and getting reasonable compensation.

As it stands - E.ON have stopped corresponding with us since we wrote to them about their failure to remove the Late Payment Markers & Defaults.

It should also work well in our favour that E.ON induced us to stop our Energy Ombudsman action.

I leave it to you and your great colleagues to contact us back.

Once again many thanks.

[R0b]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

Hi Patch, I wouldn't know who to suggest that could offer a no win no fee on this type but you might be better off using the Just Beagle comparison site as a starting point (www.justbeagle.com). Alternatively, you could try speaking to @Diana M and see if the firm she works for is able to offer this or a fixed fee arrangement that might be suitable.

Bear in mind, you won't always get the same advice from law firms where some might say you should do X whereas others might say do Y as it is based entirely on their opinion and the merits of your case. However, at least you will get a range of advice and you would have explored your options, which you can then make an informed decision as to how you want to progress. I would like to add that whilst you are making inquiries and obtaining any initial consultation/free advice it would be inappropriate for me (or anyone else really) to comment any further and/or on what their advice is to you (unless it is entirely flawed and peverse).


Like I have said previously, my view is that you could potentially get around £750 in compensation for the breach but it is entirely possible that if you further argue that the matter has been aggravated by the ongoing saga then a judge may award you higher compensation for those reasons, in which case anything between £1,000 - £1,500 could be possible. This compensation would be per individual so if both you and your wife have the same defaults, then you could be looking at compensation of this type for both of you. But it is not guaranteed and is based on recent case law so it is only to give you an idea of what you could expect, and the court will still have the discretion to reduce the amount of compensation if the judge feels necessary. If removing the markers there and then and the compensation is less than the above but more than what you were offered previously, you might want to accept the offer as going to court is not always an easy process and can be a lot of hassle.

I would caution however that any agreement and the conditions of it should be made clear and in writing, and I would probably suggest (if possible) that it is signed by EON / Equifax too - but make sure the conditions of the offer to settle is acceptable to you.

[Patch007]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

Hi R0b,

before I reply to your previous post - this is the reply I've just had from E.ON to the email I sent them yesterday.

As you can see they are suggesting that they've done everything with Equifax and that it's now down to me sorting things out Equifax.

Equifax won't correspond with us - I've tried via DMs on Twitter.

E.ON are once again expecting me my wife and me to sort out their mess.

Anyway here's the email - redacted and in blue ink:

Dear M XXXXXXXXXXXXXX

I confirm that we’ve definitely amended all the late payment markers and default notices.

I’d suggest raising a query directly with Equifax as there may be a delay in them populating a new report for you.

Kind regards

XXXXXXXX XXXXX
Directors' Office
Customer Complaints Resolution
Residential Transformation and Business Support
T: +44 (0) 115 969 7327

E.ON Energy Solutions
Wyvern House
Phoenix Park
Colliers Way
Nuthall
Nottingham
NG8 6AT
www.eonenergy.com

[R0b]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

Well, they have quite confidently stated that all entries have been amended. Have you tried contacting Equifax by phone and/or email instead of Twitter? If you really don't want to deal with it, then you could perhaps write back to EON and suggest that, they are the data controller in respect of your information and it was EON who reported that information to Equifax who are processing your data. EON has a legal obligation to ensure that your data is being reported accurately and the onus should not be on you to do this. In any event you have attempted to liaise with Equifax but they are simply ignoring you.

You may want to add to the above by saying that given the circumstances, you have now come to a point where you are on the verge of taking further action by issuing proceedings against EON and/or Equifax for breach of Principle 4 under the Data Protection Act 1998 which you see as the only way of resolving these matters and ensuring that the adverse entries are promptly removed. You could tell them that if the position remains unchanged by X date (7 days perhaps), then proceedings will be issued without further warning.

Up to you however nice or aggressive you wish to be.

[MIKE770]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

Equifax are the pits on removing false data etc they even come back with wrong account codes/numbers for non existent accounts especially where shop direct and capquest are involved

[Patch007]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

Hi MIKE770

Thank you for your comment.

[Patch007]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

Hi R0b,

Thanks for your comments.

I've tried again with Equifax this afternoon.

Equifax still hasn't updated their records as per E.ON's claims.

Dealing with E.ON and Equifax is like trying to pick up mercury with a fork.

Going to sleep on it and decide tomorrow morning whether I go nice or aggressive.

With regard to compensation level - what is a fair and reasonable figure to claim for this case?

I'm aware that the courts tend not to look favourably on requests for damages compensation in consumer cases.

That said - E.ON have offered me and my wife a measly £135 that includes the £45 for the initial billing mess-up to cover all of the following:

1) Billing mess-up caused by E.ON billing us for an extra meter that had nothing to do with us.
2) E.ON billing us incorrectly for 12 months using the wrong formula to calculate kilowatt-hours
3) e.ON harassing and threatening us to pay a bill that we didn't owe
4) E.ON thrashing our credit record with late payment markers and defaults for money we didn't owe
5) E.ON failing to remove the late payment markers in a timely fashion.
6) E.ON causing us stress, sleepless nights, wasted time and expense etc to deal with their mess.

I'm looking at two cases:

Jonathan Dickson V Scottish Power - http://www.telegraph.co.uk/bills-and...-and-got-7000/

This case established a kind of formula where Mr Dickson successfully sued Scottish Powerfor £8,1060, which represented £8 per day for the 1,020 days he has had an incorrect default on his record. Scottish Power paid him £7,000 to settle.

The second case is Lisa Ferguson V British Gas - http://www.5rb.com/case/ferguson-v-b...s-trading-ltd/

She sued British Gas for £10,000 for the harassment that British inflicted on her for money that she didn't owe.

How would someone quantify a reasonable level of compensation for me and my wife in this case against E.ON and Equifax?

If we used the Jonathan Dickson V Scottish Power formula - the claim might be something like this:

6 Late Payment Markers x 130 days and rising on file x £8 per incorrect marker per day (as per Dickson V Scottish Power) x 3 credit reference agencies x the two people affected by the credit damage ( me and my wife ) = £37,440

A claim for £37,440 would probably be laughed out of court but the £135 that E.ON have offered to share between and my wife is also a joke.

What is a fair and reasonable figure to claim for this case?

There should be a formula to settle these issues and perhaps this might a time to establish it.

It might also put companies on notice that filing fake, bogus and wrong information with CRAs will cost them big money when they get it wrong.

How much should we claim for?

£10,000 to be split between me and my wife 50/50?

[R0b]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

Quantifying the amount of damages for breach of data protection due to inaccurate data being recorded is difficult. Each case will turn on their own individual facts and likely a number of factors such as the length of time it has been reported, whether the inaccuracies were brought to the creditor's attention, did they promptly resolve the matter or were there any aggravating factors involved or was there any other impact as a result of the adverse entries i.e. loss of job prospects, credit card companies increase interest rates or reduce credit availability due to the entries etc.

So there's no real formula however the Court of Appeal has suggested that in most cases, a modest sum would apply to breaches of DPA, hence my suggestion as to what you might reasonably expect in such cases like yours. The Dickson v Scottish Power didn't establish any formula rather the article suggests that it was Mr Dickson who chose that formula and Scottish Power settled rather than taking it to the hearing, and bearing in mind there was no doubt they were in the wrong in that case (similar to your issue perhaps) and probably didn't want too much publicity on it.

I would say categorically that your formula for claiming damages is going to be way off the mark that a court is likely to award. Your formula seems to be based on the 3 credit reference agencies but do you have proof that those agencies have tha information recorded, and if so have you contacted them to remove it by supplying the necessary evidence?

Harassment is also another option if they have continued to try and collect the alleged monies that you didn't owe but again, £10,000 might be outside your reach in this case. I believe in the Ferguson case, British Gas were quite aggressive in their conduct and letters threatening legal action etc. Though it is you who has all of the knowledge so its a judgment call for you whether you agree or not.

If you were going to suggest a formula, I would say that the £8 per day could be considered a reasonable amount, or you could perhaps drop it to £5 per day which means you would be owed £650 each to date and continuing in respect of the inaccurate information. Then if you factor in aggravating factors or losses as suggested above, you could possibly increase that amount. The Courts are however, reluctant to set out a specific way for damages because each case is different. But for example, in criminal cases where the police have been sued for malicious prosecution, that sort of claim attracts aggravated damages usually in the case where the alleged suspect has been injured at the hands of the police officers. The courts have suggested that a starting point for aggravated damages would be more than £5,000. Of course you have not been injured in the same way so you have to take account for that fact and that the injury caused is of course damage to your credit rating which could have a knock on effect. Starting off a ballpark figure for aggravated damages could be an extra £500-£1,000+ but I stress, it all depends on the circumstances of each individual's case. Indeed I could be way off the mark here but this is just my view - don't expect any huge sum for damages unless it is on the serious end of the scale.

Finally, it is all well land good talking about your potential damages but there are application fees which is tiered depending on the total value of the claim. The more you claim, the higher your fee is and if it is above £10,000 then you will fall outside of the small claims track and if you lose, you are open to paying legal fees too.

[Patch007]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

Hi R0b,

Mamy thanks for your reply.

You've given me much food for thought.

All our paperwork is in order.

We've nearly completed a brief (as brief as can be with this thing) chronological outline of the events.

We're going to get updated copies of the all the Credit Reference Agency files - Equifax, Experian, CallCredit and another firm called Crediva.

Once we've got them - we're going to go back to E.ON next week and present the whole thing to them.

This is what we want:

Removal of all late payment markers and defaults from our files.

Removal of the two credit accounts from our files. These credit accounts are bogus. Our accounts for gas and electric have always been and remain to be Payment on receipt of paper bills. We know nothing about these credit accounts and the account numbers associated with them that E.ON has filed with the Credit Reference Agencies.

Compensation for the damage to our credit rating as a result of these wrong filings.

Compensation for the harassment.

Compensation for the many hours that we have spent dealing with this E.ON created mess.

We will look for £9,000 (£4,500 each for me and my wife).

We would be willing to settle for £6,000 (£3,000 each for me and my wife).

E.ON will probably threaten to put the late payment markers back on file - but given that they're still on file - it's not much of a threat and besides the damage has already been done in our opinion.

If we can't get a reasonable deal then... we'll be heading to County Court.

Will we have to send them protocol letters?

Would we be better passing the matter to lawyers?

I would have thought that a firm might be interested in it given that E.ON have accepted that they were wrong - I guess it depends on how much money is in it for them?

I thought 20% of any settlement up to £5,000 or 30% on any settlement over £5,000 - what do you think?

I haven't engaged a lawyer in 20 years so I'm way out of the loop on that.

[R0b]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

I personally still think your still a little high for your circumstances. Take the Supreme Court case Durkin v DSG Retail, Mr Durkin spent around 14 or 15 years trying to sort his problem out, although he was claiming a lot higher damages than you, the Supreme Court ended up awarding him £8,000 as a total sum for those damages to his credit rating. Put your claim into perspective and for just over 4 months that the default has been reported, you want to claim over half of what the SC awarded in Durkin.

Whether you want to take the matter on as your own or instruct a solicitor is entirely our choice. It is all dependent on whether you feel comfortable doing it yourself but in your case, liability is not an issue since EON have already admitted the problem.

Yes you will need to send a letter before action. On a no win no fee basis solicitors usually take a cut of up to 25% for a success fee but in almost all cases it will be 25% unless you raise it with them. Alternatively you could ask for a damages based agreement where both the lawyer and yourself would share the risk and they would take a cut of your damages if successful - if not, you both lose out. As the matter is likely to fall in the small claims court, solicitors won't be entitled to their fees so I would imagine that their share of the damages would reflect this.

This is why you need to shop around and see what's available.

[Patch007]

Re: EON Would Remove Late Payment Markers & Default - If We Stopped Ombudsman Compla

Hi Rob,

Thank you for your notes - very much appreciated from myself and Mrs Patch007.

We're going to think about this over the weekend and re-read all the things in your other posts.

Such is our distrust of E.ON that we still doubt that have instructed Equifax etc to remove the markers and defaults from our files.

Anyway, have a great weekend and we'll update you here before we make any decisions.

Once again many thanks to you and your colleagues on legalbeagles.info