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

[Patch007]

First off - I've tried to keep this as short as possible (approx - 700 words).

Many thanks for reading it and any advice that you might offer.

Here is the bare bones version of the saga that we have endured with E.ON since February 2016.

All our correspondence with E.ON is in writing either via Royal Mail Track & Trace or email.

We don't owe E.ON a penny all our gas and electricity bills are up to date and paid.

Between February 2016 to May 2017 - E.ON messed up our gas bills.

They billed us for an extra gas meter that had nothing to do with us.

They finally admitted that they were wrong and offered us £45 compensation that we ignored.

We sent our file to the Energy Ombudsman but they lost it.

E.ON issued us new gas bills but they were also wrong because they used the wrong formula to calculate Cubic Metres KiloWatt Hours - they used a formula to calculate Hundreds of Cubic Feet to KiloWatt Hours.

They also filed six late payment markers and a default against me at Equifax when we were disputing this wrong bills

E.ON kept ignoring our emails and Royal Mail Track and Trace letters until we emailed their Media Department.

Eventually, they admitted that their bills were wrong and they offered us £135 compensation. As before we ignored this offer of compensation.

They recalculated their gas bills and we paid the difference £28 immediately.

E.ON said via email they would remove ALL the late payment markers and default if we stopped our action with the Energy Ombudsman.

At this stage, the Ombudsman had asked us to resubmit our file and had issued us with a complaint number.

We didn't resubmit our file to the Ombudsman and we advised E.ON via email that we had stopped our complaint to the Ombudsman.

We waited for E.On to remove the six late payment markers and the default.

Nothing happened so we emailed them and on the 11th September 2017, they emailed us to say that they had removed them.

We again checked the Equifax file but they were still showing so we emailed E.ON again.

On the 18th September 2017, they said that they had been removed them in 'real time'.

I checked my Equifax file on the 29th and 30th of September 2017 and the late payment markers and default notices are still showing and they also show that we owe E.ON £28 which we don't this was paid immediately when they provided their amended bill on the 13th September 2017.

I have emailed E.ON but they haven't replied.

I have also DMed Equifax (we had previous Twitter DM conversations about the matter) - but they refuse to confirm Yes or No - if they had any instructions from E.ON to remove the late payment markers and the default.

E.ON have thrashed our credit rating.

Equifax has published and continue to publish information about us that is 100% false.

We don't know but we believe that this information has ended up on Experian, CallCredit and other Credit Reference Agencies.

E.ON have filed that we have two credit agreements with them but we don't recognise the numbers or have any correspondence from them with those credit account numbers. We never had a credit agreement with them.

Our gas and electricity bills have always been the paper kind and payment on receipt of the bill ( as it states on our bills).

This matter has caused us many sleepless nights, stress, wasted time and costs as well as messing up our credit rating etc.

E.ON have also harrassed us for a debt that we didn't owe and threatened us with with debt collectors and disconnection etc.,

What do we do now - we've exhausted all avenues at E.ON - we have no faith in the Ombudsman?

1. How can we get removed all the wrong E.ON late payment markers and default notices from Equifax and other c edit reference agencies?
2. Do we head for the County Court?
3. How do we do it?
4. How do we word our claim?
5. How much compensation can we claim for?
6. Is there any firm that would take this case on as a fixed fee or preferably 'no win no fee' basis?

Many thanks for any help that anyone can offer.

[Amethyst]

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

Oh my goodness, what a palava for you. Tagging in a few people for you to have a look [MENTION=39710]des8[/MENTION] [MENTION=5354]mystery1[/MENTION] [MENTION=71570]R0b[/MENTION]

Quickly first have you checked your file today (y'day ) ?, I know my free ''Noddle'' access only actually updates anything for me to see once a month - so just worth double checking as it's just been the end of the month.

#wrongfuldefaults

[Patch007]

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

Hi Amethyst,

Many thanks for your reply. I've just checked Equifax and there has been no change or any updates.

E.ON and Equifax have also ignored my messages and emails today.

E.ON are very annoyed with us because ten different people at E.ON (nine named and one unnamed - just a job title) in writing claimed that they had reviewed our gas bills and that as they were concerned E.ON was right. We've proved them all wrong.

Where do I go from here?

[R0b]

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

Another horror story about E.ON, no surprise there! Before I mention anything else, have you contacted any law firms to see if they will take your case on under a no-win no-fee or fixed fee basis? There is a comparison site on here that might offer some assistance as to potential costs involved - [MENTION=6]Amethyst[/MENTION] could help providing details on this.

If you are not able to seek a fixed fee/no win no fee arrangement or cannot agree to the terms, are you prepared to go to court yourself over it?

From what you have said, there may be a case of several claims: harassment and breach of the Data Protection Act/negligence in relation to E.ON and breach of the DPA/negligence relating to Equifax. DPA compensation can be as little as £750 but also can be more in various circumstances, yours may warrant a higher sum of compensation but it also comes attached with a higher application fee.

Your first port of call would be a letter before action but if your going to look for legal assistance then it would be best to try that avenue first because the solicitor in charge of your case would draft the letter before action. Failure to comply will mean that you issue proceedings and then the court action begins.

It seems as if E.ON have said they have complied and providing you have that in writing then you can use that as evidence in your letter before action to Equifax. If it were me, I would be seeking an undertaking from them that within the next 7 days, the offending entries are removed completely, along with compensation - you could also do the same with E.ON as you have already contacted their media department you can also use that to your advantage too and get an undertaking from them to remove the unknown agreements recorded on your file.

The level of compensation offer by both companies might be minimal compared to what you might achieve if you were successful in court in an attempt that you will accept it and not issue proceedings. Given the relatively low sums involved coupled with the damage to reputation if the media did get involved, they might up their offers or call your bluff and wait to see if you issue a claim.

Not much more I can add until we know whether your taking legal advice or whether your going at it on your own. It wouldn't be appropriate to comment or suggest further if you are being advised by someone else.

[Kati]

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

[MENTION=71570]R0b[/MENTION] ... do you mean our sister site JUST BEAGLE??

[Patch007]

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

Hi R0b,

I'm writing on behalf of myself and my wife.

We can confirm the following:

We have NOT spoken with or contacted ANY legal firm about this case in any shape or form.

If we can't get a fixed fee/no win no fee arrangement or cannot agree to the terms - then I AM prepared to go to court myself and represent myself over it.

We (my wife and I) sent a Letter Before Action To E.ON via email back in August 2017 to their Media Department - when no one else would answer and that's what prompted a guy from Eon's Director's Office to email us back. He was the same guy who sorted out the revised bill, offered us the £135 compensation (which we ignored) and agreed to remove all 6 late payment markers and the default notice from our Equifax and other Credit Reference Agency files if we would stop our action with the Energy Ombudsman.

We never sent any Letter Before Action to Equifax.

We haven't trusted E.ON since we started doing business with them as such All correspondence with E.ON has been in writing - either via Royal Mail Track and Trace or email.

That's situation at the moment.

E.ON seemed very keen that go down the Ombudsman route right up until the time that we proved their gas bill calculation was wrong.

After that, E.ON wanted us to stop our Ombudsman action - make of that what you will.

[Patch007]

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

I really want to get a move on with this by mid-October 2017 - so any help or advice will be much appreciated.

I will be issuing legal action after E.ON and Equifax and any other Credit Reference Agency that has republished the 100% false and untrue information file by E.ON.

If I can't can't get a fixed fee/no win no fee arrangement or cannot agree to the terms - then I AM prepared to go to court myself and represent myself over it.

I just need some pointers on how to do it.

Either way - it's going to happen.

[Amethyst]

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

[MENTION=71570]R0b[/MENTION] [MENTION=551]pt2537[/MENTION] do you think it is worth making a complaint to the Information Commissioners Office to get the defaults removed before going to court for compensation ? ( https://ico.org.uk/concerns/handling/y/y/y ) Might be at least worth having a chat with them first.

He was the same guy who sorted out the revised bill, offered us the £135 compensation (which we ignored) and agreed to remove all 6 late payment markers and the default notice from our Equifax and other Credit Reference Agency files if we would stop our action with the Energy Ombudsman.

Do you have a copy of that email and your acceptance of the offer ? If that is unequivocal you could bring a specific performance claim against EON to bring the terms of that into being. I am slightly concerned it wasn't as you mentioned ignoring the offer of compensation. But the emails should show that EON know they have processed the data inaccurately.

The claim would be against EON for reporting inaccurate data, so the claim would be brought under DPA principles ( 4 - accurate & up to date ) and 13 I believe. S 13 compensation would make it into a moneyclaim so it could be brought using the standard part 7 procedure.


Some cases worth looking over;

Khoprahor v Woolwich ( general damages )
Durkin v DSG Retail
Grace v Black Horse
Vidall Hall v Google ( says you don't have to have had an actual ££ loss due to the breach - though if you can quantify it is useful - eg application for credit card at 0% turned down forcing you to stay on a higher rate card etc )

[R0b]

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

@R0b @pt2537 do you think it is worth making a complaint to the Information Commissioners Office to get the defaults removed before going to court for compensation ? ( https://ico.org.uk/concerns/handling/y/y/y ) Might be at least worth having a chat with them first.

Think this really comes down to the OP. It is a similar position to the other recent thread with Abbie and the Vodafone default - what does the OP want to do? Honestly and being realistic, getting the adverse markers removed by the middle of October is not going to happen whichever way you look at it. There's no harm in making a complaint to the ICO but that's probably going to take some time too, at least a few months. It may resolve the default issue but doesn't allow the OP to claim compensation for the breach if that's what is being sought.

The claim would be against EON for reporting inaccurate data, so the claim would be brought under DPA principles ( 4 - accurate & up to date ) and 13 I believe. S 13 compensation would make it into a moneyclaim so it could be brought using the standard part 7 procedure.

I'd be inclined to throw in a negligence claim with EON too in that they have failed to institute and/or maintain an adequate system to ensure that the entries reported to Equifax is lawful, accurate, complete and current (by causing or permitting the inaccurate information to be recorded and reported to Equifax and thereafter failing to remove it upon becoming aware). I would also consider adding Equifax as a party to the claim too with the same allegations - you could argue that Equifax is a data controller in their own right in relation to the information that they are given, as well as the same particulars for negligence. Obviously that will take you outside of the realms of MCOL and therefore require a paper claim to be made or alternatively send an LBA to both EON and Equifax as separate standalone claims.

They are also likely to be in breach of Principle 1 too and section 13 would be pleaded for damages but is not a cause of action.

Obviously I would suggest all avenues are explored before commencing proceedings but as I said earlier, the starting point is to get some quotes first as that is what the OP wishes to do before anything else. Perhaps also consider referring back to the Ombudsman if it is not too late? That might be an alternative route which doesn't involve court action.

[Patch007]

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

Many thanks to Amethyst and R0b for your replies - it really is appreciated.

We won't talk with E.ON because we don't trust them. As far as my wife and I are concerned all our dealings with E.ON must be in writing.

They claimed we owed them £417 but it was just £28 (this £28 would be ZERO if you take off the compensation of £45 and £135 that they had offered us)

They clearly state that E.ON messed up, they would remove all the late payment markers.

As at the 3rd October 2017 - the late payment markers and default is still on our Equifax file.

We have advised E.ON of this but they've gone back to non-communication mode.

That's the state of the situation.

These are two of the emails that we've received from Eon (in blue ink) :

From: RETUK Directors Office Complaints (Retail)
Sent: 01 September 2017 14:20
To: *******************************
Subject: RE: Outstanding Complaints Against E.ON - WITHOUT PREJUDICE - TIME IS OF THE E



Dear Mr ************

I’m really sorry that the gas bills we’ve sent you since May last year were wrong. The original problem was caused by us receiving incorrect information to say that your meter had been changed. This was fixed at the beginning of the year but a further mistake was made as we had your meter set up as an imperial meter and this meant we were charging you for 2.83 times too much gas. We failed to spot this until your most recent email, which is why we’ve previously said your bills were correct.

I’m pleased to let you know that we’ve finally produced a fully corrected bill for you. The new balance on your is£28.63 however this is only for gas used up to 15 May 2017. If you can let me have upa meter reading then I can send you an up to date bill. I can also confirm that the £10.00 late payment fee has been removed.

In terms of the late payment markers and default on your credit file, I’m currently waiting to hear back to see if we will be amending these. I’ll be able to let you know the outcome of this in the next three working days.

I’m also happy to review the amount of the goodwill payment we’ve previously offered you,however this will still be closer to our original offer rather than the amount you’re asking for.

Kind regards

******* *********
Directors' Office
Customer Complaints Resolution
T: +44 (0) 115 969 7327

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



On 14 Sep 2017, at 12:20, RETUK Directors Office Complaints (Retail)

Dear Mr *********

I’m sorry for any confusion caused by my previous emails. We are going to remove all of the late payment markers from your credit file. The markers for May, June and July have already been removed. We are also going to remove the marker for August however we can’t do this until it’s been added first.

Please be aware that if there’s still an outstanding balance on your account at the end of the month or we’ve not heard from the Ombudsman to say they’ve opened a case for you then we will add a new late payment marker and this wouldn’t be removed. I really don’t mean to cause you any concern by this statement but I needed to let you know what could happen.

Kind regards

******** ******
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

Hi Patch,

Thanks for providing the emails, if you are seeking a fixed fee then as Kati suggested, you should try https://justbeagle.com/ and find some quotes from law firms who could assist in the matter. That should be your starting point and if after that you have not found something acceptable, then we can assist in drafting a letter to EON and Equifax. You should also look into whether or not the energy Ombudsman will agree to take your case back on, usually you have a limited period of time to make a complaint to the Ombudsman and it may have expired now depending on the gap in time but it is worth a try - that may bring EON back to the table.

If you want to bypass the option for fixed fee or the Ombudsman is not longer able to review your complaint, then please let us know that is your intention and we will give you some pointers as to what you should include as part of your letter before action.

In any event, I know you have explained some background already, but it might be wise to create a chronology of events in date order, earliest first. You don't need to evidence every piece of correspondence (or documentation) you might have had with EON and Equifax rather the key dates that would help to prove your claim. You may have already done this so I apologise but it would certainly be useful to append to your LBA to EON.

[Patch007]

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

Hi R0b,

Once again thank you.

All your points noted.

The chronology of events and file is already complete.

With regard to the Energy Ombudsman - we stopped our action with them at the request of E.ON it was like a condition on their part. E.ON would remove the Late Payment Markers and Default - IF - we would stop our Energy Ombudsman Action. My wife and I stopped the Energy Ombudsman action but E.ON never followed through with removing the Late Payment Markers.

That's why we don't trust E.ON and we also have our concerns about the Energy Ombudsman.

We are going to send another brief email to E.ON today along the lines of the following draft in italics. If E.ON fail to respond by 5 pm Friday the 6th October 2017 then we will have no other option but to commence legal action.

Marked - TIME IS OF THE ESSENCE

Further to our previous emails and your assurance that E.ON had removed or were in the process of removing ALL the LATE PAYMENT MARKERS and DEFAULT NOTICES from our Equifax and other Credit Reference Agencies files of MR and MRS XXXXXXXXXXXXXX - we note that as at the 3rd October 2017 that the LATE PAYMENT MARKERS and DEFAULT NOTICES are still showing on the Equifax files.

In the circumstances could you please give us your written assurance that ALL the LATE PAYMENT MARKERS and DEFAULT NOTICES that E.ON has filed against us will be removed immediately - as you assured us in your previous emails.

If we haven't heard from you by 5 pm Friday 6th October 2017 - we will have no other option but to commence legal action against E.ON.

[Patch007]

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

@R0b ... do you mean our sister site JUST BEAGLE??

Hi Kati,

Thank you for your reply.

I'm just finding my way around this forum.

If I haven't had a positive reply from E.ON by 5pm Friday 6th October 2017 - I will see if I can hire someone on Just Beagle to assist me and my wife against E.ON

Many thanks

[Kati]

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

Hi Kati,

Thank you for your reply.

I'm just finding my way around this forum.

If I haven't had a positive reply from E.ON by 5pm Friday 6th October 2017 - I will see if I can hire someone on Just Beagle to assist me and my wife against E.ON

Many thanks

you'll find that many of them will offer a free consultation (and may do things on a no win no fee basis too) xx

[Patch007]

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

Hi Kati,

Thank you for your reply.

As you can see from the above emails from E.ON - they have begrudgingly admitted their mistakes but they are now once again dragging their heals with regards to resolving the mess.

We've had this from E.ON since we started with them in February 2015.

We want ALL the payment markers and defaults removed from me and my wife's credit files at Equifax, Experian, Call Credit and anywhere else they've ended up.

We want compensation for the harassment and stress etc that E.ON have inflicted upon us and continue to inflict upon.

E.ON can stuff their bogus apologies.