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PreAction claim against breach of utility contract

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  • PreAction claim against breach of utility contract

    I signed up to a contract to switch utility companies for my business for gas and electric about 4 years ago. It was a letter of authourity I signed. The switch did not go ahead as I was locked in at the time, so I did not do anything and forgot about the agreement I signed.

    As I forgot about the agreement I renewed with my existing provider.

    Recently a company called PreAction acting on behalf of the utilty company are asking me for money for breach of contract and I am liable for all losses under the customer obilgation in the T&Cs.

    I have spoken to friends and family and was advised to just ignore it, but after numerous calls and emails... This is not good for my mental health and I need to give them a response by end of day today or they are taking me to court. They have already added 8% interest onto my debt...

    Please can anyone help?
    Tags: None

  • #2
    What does the contract say about switching and cancelling etc? Do you have a copy of it?

    Comment


    • #3
      Have you asked them to identify the contract provisions they are referring to and to explain in what way you are thought to be in breach of contract?
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

      Comment


      • #4
        islandgirl thanks fornyour response, I signed a letter of authourity and have a copy, it states that the agreement is is valid until withdrawn by any person with the authourity to do so with me name T/A the partnership company.

        Comment


        • #5
          atticus thanks they have highlighted the breach in the T&Cs. I am concerned if I call them they will use technical language and get me into a corner.

          Comment


          • #6
            Please just ignore this company, Preaction Ltd are being used as debt collectors for FRP the Insolvency Practitioners, it is a scam, You will find that the Letter of Authority that you signed does not have the Terms and Conditions within it, However Preaction will tell you the T&C's and point you to a website that has the full terms and condition.
            These are unenforceable as there is no reference to the website on the LOA, as required by law.
            Go to facebook and join the group "Flowers of the rainbow" where you will find hundreds of people who have suffered these morons.
            I have posted several articles giving the information where preaction are flouting the law.
            Just ignore them they will sent you court claim forms not signed nor processed through the court system. Block their email address.

            Comment


            • #7
              Hi,
              Was just wondering what happened with the issue with your energy contract? I received a letter last week, i called and emailed & the woman is relentless.
              I have told her that I'd never seen any commission or fee details, and have never seen or received conformation for their ts and cs.
              did you get it resolved?
              Many thanks Sel

              Comment


              • #8
                Originally posted by Ippy View Post
                Hi,
                Was just wondering what happened with the issue with your energy contract? I received a letter last week, i called and emailed & the woman is relentless.
                I have told her that I'd never seen any commission or fee details, and have never seen or received conformation for their ts and cs.
                did you get it resolved?
                Many thanks Sel
                It might be an idea to start your own thread.

                Comment


                • #9
                  Hey everyone, 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 anyone else who has suffered at the hands of these people might be willing to say they'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. Does anyone else feel as strongly as I do?

                  Comment


                  • #10
                    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?

                    Comment


                    • #11
                      Pennotsword it might be an idea to start your own thread.

                      Comment

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