Old electricity debt and the magistrates court

[vjohn82]

I'll post it up later but I received a letter regarding an old electricity debt (approx 3 years old) where they are demanding repayment (of course).

I sent off a CPR letter requesting disclosure before action etc but they offered an odd reply.

The letter states:

"We cannot comply with this request in it's current form as it applies to the civil courts and applications made by ourselves in relation to the outstanding balance would be made through the Magistrates Court."

Eh???

Is the person who wrote this letter high or something? I was always under the impression that it was council and any other taxation issue along with maintenance that saw you in the dock at the MC. As far as I am aware the account with the firm concerned is a civil debt and therefore falls within the ambit of the County Court (SCT as the debt is allegedly £354).

Any thoughts?

[Amethyst]

Re: Old electricity debt and the magistrates court

Ummm yes would be civil court, unless they are applying for a warrant of entry under the Utilities Act when it would be magistrates .... whats the background to the bill\debt? Are you still with that supplier / have their meter/equip in your property etc ?

[Curlyben]

Re: Old electricity debt and the magistrates court

Don't forget under the Billing code, if they haven't issued a final bill within TWO years then there is no debt to settle.

the commitment that where a
customer has not received a bill for more than two years, and the supplier has been at
fault, then any outstanding amounts due, that relate to energy consumed more than two
years ago, will be cancelled. From the 1st July 2007 this reduced to 1 year.
http://www.energy-retail.org.uk/docu...AQs15Oct08.pdf

The Energy Retail Association - Customer Billing

[vjohn82]

Re: Old electricity debt and the magistrates court

Cheers for the replies.

The account is with someone else now... they never informed me of a debt before we changed supplier and they would have been within their rights to have refused my transfer to another service had there been a debt on the account.

This issue has come up within the past 2 months but they keep refusing to supply how the debt was accrued. They cannot supply data for whatever energy was used hence my CPR request.

I believe therefore that any attempt to use the magistrates court would be futile because this is now a civil matter; does that sound right?
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I've had a look and I can't see how they have the right to use the MC for this type of debt considering there is no longer a contract (signed or implied) in force.

[Curlyben]

Re: Old electricity debt and the magistrates court

Yep, sounds like classic bottom and elbow here

[vjohn82]

Re: Old electricity debt and the magistrates court

Here's my response:

Dear Mr xxxxxxxx,

I acknowledge receipt of your letter dated 30 June 2010.

You have stated that your firm are unwilling to comply with the CPR request made on the 3 April 2010 because “applications made by ourselves in relation to the outstanding balance would be made through the Magistrates Court”. I have to inform you that this is a civil matter and any alleged debt that has been accrued is not within the ambit of the Magistrates Court. If you dispute this then I require a succinct response as to why you believe the Magistrates Court is the route that your firm will be following.

You state that you have now clarified the circumstances by which NPower became the suppliers and a raft of dates confirming this. However you have missed the point entirely; I have not received any bills, final or otherwise, until this year where the demands were accompanied by threats of legal action. Therefore it is not sufficient to inform me of what dates the supply changed; I need a full breakdown of what energy was used and on what dates to ensure that the accuracy of your billing process meets whatever protocols govern them.

Under my original CPR request NPower should have complied with this request within 14 days. The fact we are still corresponding nearly 2 months afterwards is beyond the pale. I will note to any judiciary concerned that I have attempted to obtain this information prior to any proceedings being issued and that it is your firm’s intransigence which is stifling the progress of the issue. If I am liable for a debt I will pay it; this is one of my principles. However, I will not be held to ransom under the threat of legal action by a company who for all intents purposes cannot get their act together.

I would respectfully suggest you comply with the CPR, considering the civil nature of the debt, and provide this to me within 14 days or you should revise your procedures and write this account off. There is no route in the Magistrates Court for the enforcement of this debt and even if there were I would imagine that there would be a high standard of proof required and strict compliance with any pre-action conduct in attempting to settle the matter.

I look forward to your response at your earliest convenience.

Yours sincerely,

Looks about right to me...

[Amethyst]

Re: Old electricity debt and the magistrates court

Sounds good to me too.

[vjohn82]

Re: Old electricity debt and the magistrates court

Thanks!

[Lowry123]

Re: Old electricity debt and the magistrates court

Hi

I used to work for Bgas & The rest of the gas & elec suppliers....
I would attend court for non payment of bills...warrants are obtained in the Mags Court..we then attend the address of the METER location...if we arrive at the address and the new occupant proved he lived at the address and from what date..we were told to walk away...if it was the current occupier and the debt was with them we fitted a pre pay meter....

But the meter no must be at the address if it does not match they cannot touch the meter.

Hope this helps....

Warrants are in Mags Courts for disconnection only or pre pay meters....and the person named on the debt must be at the property where the meter is listed.

[vjohn82]

Re: Old electricity debt and the magistrates court

Thanks; I think this confirms the suspicion that if NPower wish to take action on the account they need to follow the civil course via the County Court.

The account is not with NPower anymore: it hasn't done for a number of years according to their letter. Yet they still persist with the argument that they can use the MC method.

I think I'll let them try.

Thanks for your post.

[Lowry123]

Re: Old electricity debt and the magistrates court

Npower are not your current suppliers at your address..they have no right to touch the meter or gain entry or apply debt to that meter. (they can only chase you through the Civil courts for non payment of debts..however they normally sell the debt on to a DCA)

If they attend the court for warrant entry..they may get a warrant..but they cannot apply the debt to the meter when the meter nos do not match. The warrrant is for the address where the meter is listed. This applies to all Gas/Elec Suppliers.....

All Gas meter nos do not match the Gas Meter nos at the listed address so when a warrant officer tends a disconnection most times he has to walk away.

Also they cannot disconnect if the household has children or the elderly.

You could also make a case for misselling if you signed up on the door all utlity door sellers carry an enegry badge...if they mis sell they struck off and the Company is fined.....oh la la