N Power attempted deception

N Power attempted deception

Postby slippery » Sat May 19, 2012 10:26 pm

Hi all, first time poster, long time lurker :grin:

When we moved in to our house 5 years ago, we received a letter from N power stating;

Good news, we already supply your property, if you wish to stay with us , do nothing ( in a nutshell)

We set a DD to pay for gas and electricity, and thought no more about it untill a couple fo years later when we discovered that we had never received an electricity bill. By this time, as you can imagine, It's too late to say anything...


Anyway, five years after we moved in, a chap knocked at our door from N powewr asking the wife who supplies electricity, she said it was N power as far as she knew. The man shook his head and sais he had us down as unregistered(or unoccupied).

Shortly after, we recieved a bill for £3600, dated from three years ago until present. This date was when a new electricity meter was fitted. I questioned them about this and was told that it would now have to go to a specialist team, as they knew that we had been here for five years. This seemed to me at the time that they had tried to charge me for three years instead of five as a kind of favour and I mentally kicked myself at tthe time for no tkeeping my mouth shut :puke:

A few weeks later I recieved a telephone call saying that they had signed up to a code of practice that stipulated that they could not chagre for electricity bills more than 12 months old and so were writting off £5700(ish) and were sorry for the trouble, and would I now pay £1600 for the last years account. :grin:

Ii then sent an email asking how I could owe them a years account when they had one of their reps standing on my doorstep saying the property was unregistered. I asked them to prove that they were paying for electric that was supplied to my house

They wrote back saying they had been supplying the electric since we moved in, and that I could check by ringing the MPAS and quoting my MPAN. I will now ring them on Monday and get them to categorically state that N Power suffered a buden of cost before I go any further.

My question is, As they tried to get me to pay £3600, did they then break common law (trickery in contracts), and if so, should I contest that they are due anything/make threat to bring a case against them, or should I just accept that I have done well from their f**K up and pay them?
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Re: N Power attempted deception

Postby pedawson » Sun May 20, 2012 10:56 am

Please be aware that on this forum we do not give advice and any comment written or implied should not be taken as advice nor should it be acted upon without further investigation or research.
Each commenter can only give what they would do in your circumstance and that different actions will be as diverse as the amount of commentators.

You have stated that you have been a long time lurker, so you will know that there are a number of posts that cover this topic. I suggest you do a search and read what is already covered. N Power is as I recall in a number of posts and a number of notices have been produced.
If you require a fine tuned notice, read the existing ones and put together a new notice then post it here so people can comment.

If the notice is provided by someone else you will not necessarily understand the whole document and this is not recommended. A thorough understanding of the process is required or one will get oneself into a whole load of aggravation.

Namaste, rev;
Don't be surprised to discover that luck favours those who are prepared
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Re: N Power attempted deception

Postby Mog » Sun May 20, 2012 2:24 pm

Sounds like a haggle to me, forget what they say you might have owed, their starting price is 1600 and its your turn.
If the meter has not been read for 5 years then all the leccy could have been used more than a year ago and you owe them nothing ?
"If you have ten thousand regulations, you destroy all respect for the law. "

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Re: N Power attempted deception

Postby slippery » Mon May 21, 2012 2:33 pm

Thanks pedawson, I understand that.

The meter was read ever since we moved in, and a direct debit was in place for both gas and electricity.

I was surfing around last night and I found this gem;

"payment offered but not taken is the same as payment made",

so,

I don't owe them anything up until they asked me to pay the £3600, which they did unlawfully ? :thinks:
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Re: N Power attempted deception

Postby slippery » Thu May 24, 2012 6:33 pm

Hi all, below is a draft of the email I intend to send to the Customer Services Director of N power.

Is email sufficient, as I want to give them the chance to write off the bill and sweep it under the carpet.

Does anyone think I should add "without prejudice", or the "without frivolity or vexation etc" signature at the bottom.

Whilst I understand that none of you are qualified to help me, I would appreciate your input, Of which, I will decide what to add.

Any and all comments are welcome, thanks



Dear

Excuse the delay in my contacting you, I have been in discussion and study regarding our bill, the outcome of which is;

In law, payment offered but not taken is the same as payment made. As we set up a direct debit when we moved in, to cover BOTH gas and electricity, and you did not collect anything for the electric, I find that we owe you nothing.

Furthermore, when Npower sent us a bill demanding £3408.79 on 1st Nov 2011 they acted fraudulently as they were attempting to charge us for a period of more that twelve months previous, and they knew they had signed up to a code of practice, the requirements of which state that they could only charge for a maximum of twelve months un-collected money.

This is particularly disturbing for me as we are a hard working family, struggling to make ends meet at times, and N power raked in £306 million in the first six months of 2011! It appears that whoever issued or authorised that bill is of a despicable character!

I now require that either,
The charge for the entire period up until 16/01/112 is written off completely,
Or,
The name of the person and their department who issued/authorised the fraudulent bill is forwarded to me that I may report them to the police and/or prepare litigation.

Yours Sincerely
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Re: N Power attempted deception

Postby pedawson » Thu May 24, 2012 9:44 pm

slippery wrote:...
Whilst I understand that none of you are qualified to help me, I would appreciate your input, Of which, I will decide what to add.
...
Dear

Excuse the delay in my contacting you, I have been in discussion and study regarding our bill, the outcome of which is;

In law, payment offered but not taken is the same as payment made. As we set up a direct debit when we moved in, to cover BOTH gas and electricity, and you did not collect anything for the electric, I find that we owe you nothing.

Furthermore, when Npower sent us a bill demanding £3408.79 on 1st Nov 2011 they acted fraudulently as they were attempting to charge us for a period of more that twelve months previous, and they knew they had signed up to a code of practice, the requirements of which state that they could only charge for a maximum of twelve months un-collected money.

This is particularly disturbing for me as we are a hard working family, struggling to make ends meet at times, and N power raked in £306 million in the first six months of 2011! It appears that whoever issued or authorised that bill is of a despicable character!

I now require that either,
The charge for the entire period up until 16/01/112 is written off completely,
Or,
The name of the person and their department who issued/authorised the fraudulent bill is forwarded to me that I may report them to the police and/or prepare litigation.

Yours Sincerely


The rev wrote:Thank you for the oportunity to respond to your last correspondence. There has been a delay in my contacting you, I have been in discussion and study regarding the [DATE] bill, the outcome of my research is;

In law [{payment offered but not taken is the same as payment made} state law if known]. A direct debit s was set up when we moved in, to cover BOTH gas and electricity, and Npower did not collect anything for the electric, however the other utility had no problem receiving their funds. If you can demonstrate by way of documentation, notices / statements proving that this error was solely ours, I will be willing to negotiate the settlement.

Please be aware that, I am aware, the bill demanding £3408.79 on 1st Nov 2011 contravenes the requirements, which state: that only charge for a maximum of twelve months un-collected money can be demanded.

Negligence at this level is, to me, particularly disturbing, especially when N power raked in £306 million in the first six months of 2011!

A problem has been identified and it is with N power, not we as customers, where the solution lay.

At this time I can only conditionally accept your bill, and ask that you provide the original documentation showing that it is, indeed, an error on my behalf.
If this cannot be rectified or demonstrated I require:
The charge for the entire period up until 16/01/112 is written off completely,
AND
All financial records relating to this incident be removed from your system.
Don't be surprised to discover that luck favours those who are prepared
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Re: N Power attempted deception

Postby slippery » Thu May 24, 2012 10:27 pm

great, thanks.

I was uneasy about the "prepare litigation" bit TBH.

This way puts the cat amongst the pigeon without the threat :grin:

if anyone else would like to contribute, i will be editing this letter over the weekend,

I had a call from Mckenzie Hall last night, I don't know if it was connected tough, as the operative told me that the call would be recorded,so I politely told her that as I did not have the facility to record her I did not wish to speak to her, so please feel free to send a letter.
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Re: N Power attempted deception

Postby rebelwithoutaclue » Sat May 26, 2012 10:11 pm

slippery wrote:Thanks pedawson, I understand that.

The meter was read ever since we moved in, and a direct debit was in place for both gas and electricity.

I was surfing around last night and I found this gem;

"payment offered but not taken is the same as payment made",

so,

I don't owe them anything up until they asked me to pay the £3600, which they did unlawfully ? :thinks:


can anyone point to the legislation that says payment offered is the same as payment made? I'm In a similar situation with bt
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Re: N Power attempted deception

Postby slippery » Sat Jul 14, 2012 8:19 pm

Well, the last email really seems to have them stumped!

No reply as yet!
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Re: N Power attempted deception

Postby slippery » Wed Aug 08, 2012 11:12 pm

Well, still no reply, sure I read that they are duty bound to reply within eight weeks.

I'm not sure if I should write again or wait and see?

does anyone have a view point?
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