Powergen overcharging.

[The GodMother]

Hi all.

 

Had a letter from powergen saying they are taking me to court for non payment of a gas bill.

 

Now the full story is rather long so you will have to bear with me.

 

In February of 2003, at the time we were with British Gas, we had a gas leak and as it was the middle of the nite and a saturday we called out Transco who condemed the gas system until it was fixed. The Sunday morning we phoned the landlord who said it was not an emergancy so they were not comming out. So first thing the monday morning we recontacted the landlord who came out and done sum tests and confirmed the gas being condemed.

 

Now this problem should have been sorted out within days but needless to say this took a few more months than it should have.

 

Now at the time l was pregnant with my son who is now four. I had made enquirys to changing gas and electric companies to Powergen in the January and they were in the process of sorting everything out. I telephoned both British Gas and powergen about the leak and british gas confirmed the gas account was up to date and that until we started to use gas again we would not be charged for it. Powegen just said we are still in the processing stage so it is nothing to do with us but ty for informing us.

 

Needless to say we had not heard from the landlord, British Gas or Powergen regarding this matter for sometime. The landlord and there contracted gas company were arging over how would foot the bill for this as a maintenacne check had only been carried out 4 weeks before this happened.

 

In the November of 2004 we contacted BG regarding the gas and was told that powergen had taken over the billing and they had been sending the payments to Powergen. Now we were never informed the switch over had happened and we had been paying BG for a while. When we rang up Powergen and advised that we had not been informed and asked why. They told me that the companies dont write to the customers a main office does that deals with the transfer of accounts. We had also not recieved a final bill letter from BG either.

 

Needless to say we had not recieved a statment from Powergen or BG regarding wither Gas or Electric for over a yearat the time we found out over the phone from Powergen that the Ele tric was taken over in June of 2003 and the Gas taken over in November 2003. We gave them correct meter reading and it turns out we had over paid on both bills by about £400.00 split at about £250 for the electric and the rest on the Gas.

 

At the time we informed them of the on going problem with the gas and they said fine and put the note on the computer. We never recieved a bill from Powergen for our gas or electric but we did recieve a payment cards for the gas and electric. We also recieved the cheques for the over payments. The gas was eventually fixed in the June of 2005 when Central heating was installed. In the mean time we had moved out of the property due to repairs that needed doing and my partners father being very ill.

 

Now this all came to head in June when l recieved a letter asking for £150.00 a month payments from powergen regarding the bill and the debt from the previous property l rang up demanding to know what was going on and they were very adament that they were rite to be charging me for gas until they saw the note.

 

It aslo transpire that a because they had not sent me bills out they had not been getting meter reading from the meter ppl.

 

Now everytime we left he property we phoned them giving the date we were leaving and the correct meter reading for the electric reminding them that the gas reading was the same as the repairs had not been done.

 

We moved back to the property in the July of 2005 after moving out the february due to repairs that needed doing, chimney needed repairing in side and out as bricks were falling down it kitchen needed replacing bathroom needed replacing and the central heating was fitted as well as some minor works of window being replaced.

 

When we got back we informed Powegen of the meter readings and they had not changed and according to the woman we spoke to we were in a lot of credit but we asked her to leave it on the account which she did. We also informed them the Gas was back running and she read the notes and said to use you must be pleased. We were afew days later offered the council property we are in now and on the 24th July 2005 moved out of the previous property.

 

We rang up giving correct meter readings and was told we were in creit and would we like the money back but we said no just close the account and put it as credit to the new property. Well needless to say we had to spend to weeks in a b+b cause the work was not done on the property and the account was not closed down properly as we were still being billed for the previous property 2 weeks after we moved out. I rang them up and gave them the meter reading for when we moved out and they adjusted the bill.

 

Now they want about £800 out of me for the previous property and 2 years at this address even tho when we movd here it was on card meter with a different company amd we had to wait until the october of 2005 to transfer the account and get a normal meter installed.

 

Even tho l have complained i am getting no were. My complaints are being returned to me and they have given energy watch the wrong info and Ofgem are refusing to deal with it.

 

Powergen have refused my S.A.R request and they have been sent back to me after sending 5 l gave up and they have also refused to send me details under the CPR.

 

Any advise would be Very helpful.

[Parkvale]

ALWAYS PUT EVERYTHING IN WRITING.

Phoning is okay but you have no comeback or proof. Everything has got quite complicated and needs to be unravelled.

You have given them more than enough time to sort your problems out As you said. "Powergen have refused my S.A.R request and they have been sent back to me after sending 5 l gave up and they have also refused to send me details under the CPR." They are acting unlawfully.

They have left you no choice but to complain to energy watch.

They are the independent gas and electricity watchdog, their remit is to get the best deal they can for energy consumers. Start a complaint ASAP and also write to powergen to inform them you are complaining to energy watch. Good luck.

energywatch: Make a complaint

[The GodMother]

I have complained to energy watch but they have said they have done nothing wrong. I have also complained to ofgem and they have also said they have done nothing wrong.

[ozzywizard]

When you sent them the S.A.R - (Subject Access Request) did you send it to revenue protection and also include the 10 pound fee. They hae to oblige by law if not they can be reported to the information comissioner.

0115 8434571 is the direct number to who issues the sar Revenue Protection Team

[The GodMother]

I sent it to where they old me to.

 

All i got back was the PO and the letter with the original envelope in one of there envelopes.

 

I have reported them but l am waiting for them to get back to me I have been waiting for over 2 months now and was told there is a long backlog so may need to wait till the new year.

[ozzywizard]

When you phone Powegen a lot of advisors will not have a clue what a sar is or how to go about advising you on this subject. They will then give you a standard address to a back office team in correspondance who also probably will not understand. This is why you need to send it to rev protection as they deal with these requests and understand the legal implications behind not doing so.

[The GodMother]

I sent them to the legal department as advised.

[The GodMother]

Well was in court over this today.

 

There case got thrown out as the information they were telling the court was different to what l had in writing including the figures. They had included the court costs.

 

The courts made them look stupid. They guy was told to go away and get his information rite.

 

Well the idiot had used information that he was told over the phone buy powergen which means as it was a phone call and there was no evidence of this phone call the written info i have was deemed correct.

 

Bad Luck Powergen.

 

They now have to decide if they are going to refile.

[Parkvale]

Well done Godmother. David and Goliath or what ? Did the court say that they would allow them to refile and if so how long do they have ?

[The GodMother]

I dont know how long they have if they want to refile but they can if they want as long as the info is correct.

 

I hope they dont as l have lots of questions for them which they will not be able to answer and make them selfs look just as stupid.

 

This just proves that even the companys may not prepare there cases properly and that the little ppl can win or make them look stupid.

Either way l dont care as l feel great and loved the look on his face and loved the stumbling over the answers to question relating to the missing paperwork.

 

Chrissi

[The GodMother]

Well recieved a letter saying they are re taking me to court but it is not my local court. They are taking me to court at a location that is about a 200 mile round trip.

 

I complained to powergen about tis and they have said this is so i cannont defend the case.

 

They are also refusing to accept the account is in dispute which is against OFT guidelines on debt collection.

 

Who can l complain to about this.

 

Energywatch have been very unhelpful and have just said they wont take the case up even tho it is a long running dispute.

 

Ofgem have said that because this dispute has been running for more than 9 mths they cannot get involved and have advised me to go back to energywatch and demand they do summing.

 

Other than the OFT guidelines is there any other rules/laws they are breaking and what can l do about it?

 

Also do they have to hold a consumer credit licenece?

 

Chrissi

[joe1965]

When you get the paperwork come through you can ask for the court to have it heard in your local court. Write to Powergen (recorded) and inform them that you will seek to have the hearing in your local court as is your right. Also go to your local court and they will advise you on how to go about getting it changed. You will find them very helpful.

[The GodMother]

I have already threatened to have it transfered any they have told me they will be disputing it. I asked them on what grounds they will be disputing it and they have informed me it is because l want it at my local court and as a result of it being at my local court l can then dispute it.

 

I recorded the telephone call on a dictor phone so l will be using it as evidence to say they are not treating me fairly.

 

They have ignored my other letters saying l want my account info. I have sent of 6 SAR requests which just get returned to me.

 

Chrissi

[joe1965]

As you are private individual and Powergen are part of an international organization the court will automaticaly allocate it to your local court on your request.

I suggest you go to your court and inform them of what is happening and ask for their help to ensure it goes there.

[The GodMother]

Well the paperwork says that it is for Thetford courts. I have now sucessful won a transfer to my local court so it does not matter much.

 

As they have ignored the SAR requests what can l do?

 

Chrissi

[joe1965]

I presume you sent your SAR's recorded delivery?

Make copies of them and the proof of postage (go on the Royal Mail site to see proof of delivery and print that), then inform the court that you can't put in a defence as they have refused to comply with your request under both the DPA and CPR and include the copies.

Ask the court to make Powergen disclose the information required.

[The GodMother]

they cant make and order under the CPR as it is not a civil procedure accourding to the courts as l have already check that. They also cant demand that powergen complies with a SAR request for the same reasons

[joe1965]

On your court papers it will say under what law etc they are they are taking you to court. Could you tell us please. Better still if you could scan it and post it up (blanking out your details etc) that would be a great help.

[The GodMother]

rights of entry 1954

[The GodMother]

they say l have human rite under section 6 or summing

[joe1965]

they cant make and order under the CPR as it is not a civil procedure accourding to the courts as l have already check that. They also cant demand that powergen complies with a S.A.R - (Subject Access Request) request for the same reasons

If they are taking you to court then they have to provide you with the evidence which they will use in court. Disclosing on the day is unacceptable.

Also you might want to get in touch with the energy ombudsman, if you can get them on your side the court may stay the case until they finish their investigation. The good thing about the ombudsman is that Powergen have to abide by their decision.

Energy Ombudsman Service : Home

Look on their website and give them a ring. I've found them very helpful.

[The GodMother]

right it say they cant help me due to them already having issued court procedures against me.

 

Chrissi

[joe1965]

Can you scan the document and post it here or type it out?

If you can I'll get someone to look at it for you and see what you can do.

You can always PM me the details if you wish.

[The GodMother]

ok will see what l can do.

[2Grumpy]

That sounds more like they are trying to cut you off / give you a prepayment meter

 

Grumpy