@npowerhelp nPower - Mismanaged account, County Court claim issued aganst Npower

[Eversir]

Another response from the ICO:

 

[ATTACH=CONFIG]54750[/ATTACH]

 

Don't know enough about the DPA to know whether this is correct or not.

[BankFodder]

Sned this to Npower and tell them to get all of the relevant data from Wescot and that as the ICO has very clearly stated that they (Npower) have legal responsibility, then if the disclosure is not complete then you will sue them and they will have to deal with Wescot directly.

 

To the ICO I suggest that you reject what they say and ask them to identify the regs which they feel supports their position and any relevant case law.

 

Have Wescot got a DPA registration with the ICO? Check it and see how they have registered themselves and in respect of what functions. If Wescot are registered as Data Holders - then you can ask the ICO why have they bothered then if they are merely processors.

[Eversir]

Wescot is registered with the ICO. I can't post the whole register entry due to Copyright, but their registeration number is Z5661196. I suppose a small extract could be considered fair use under the circumstances, so here is a tidbit:

 

Nature of work - Debt administration and factoring

 

Description of processing

The following is a broad description of the way this organisation/data controller processes personal information. To understand how your own personal information is processed you may need to refer to any personal communications you have received, check any privacy notices the organisation has provided or contact the organisation to ask about your personal circumstances.

 

Reasons/purposes for processing information

We process personal information to enable us to trace debtors, to purchase debts and to collect on behalf of creditors. We also process personal data to support and manage our employees and to maintain our own accounts and records.

 

 

Type/classes of information processed

We process information relevant to the above reasons/purposes. This may include:

 

• personal details
  
• family, lifestyle and social circumstances
  
• goods and services
  
• financial details
  
• education and employment details
  

 

 

We also process sensitive classes of information that may include:

 

• physical or mental health details
  
• racial or ethnic origin
  
• religious or other beliefs of a similar nature
  
• trade union membership
  
• offences including alleged offences
  
• criminal proceedings, outcomes and sentences
  

Who the information may be shared with

We sometimes need to share the personal information we process with the individual themself and also with other organisations. Where this is necessary we are required to comply with all aspects of the Data Protection Act (DPA). What follows is a description of the types of organisations we may need to share some of the personal information we process with for one or more reasons.

 

 

 

 

There's quite a bit more, but the general language used throughout is "processor".

[BankFodder]

Go for Npower then

[Eversir]

OK, nothing back from the SAR request yet. They have until Monday to be within the 40-day headline.

 

More stuff though - Npower phoned my relative in relation to her latest letter. Recorded the phone call, but the gist of it was they said they were going to send out (for the millionth time) another statement of account. My relative stated that she wanted all information relating to the account, specifically how this seemingly random bill has been calculated, and that futher correspondance be carried out in writing due to the previous incompetance of Npower. They weren't particularly happy about doing this, but eventually agreed. They also said to wait for the SAR to get the other stuff relating to her account.

 

Statement of account arrived 2 days later, different to the last one. It would appear Npower hasn't used the gas readings that were supplied on numerous occasions (at the same time as the electric readings). This means that they have gone on an estimated reading only - which is much, much higher than actual usage. With standing charges and taking into account all the payments that have been made thus far, we've calculated that the sum that should have been billed stands at around £250. I noticed that Npower have also added a £90 charge for a "Budget Billing Payment Scheme". I suppose this is because they consider that the account is in debt.

 

Npower have today confirmed by email that they have not sent my relative an accurate statement since 17/12/2012:

 

Your npower gas and electricity account

 

Our records show that we have not sent you an accurate statement since 17/12/2012; I would like to apologise and assure you that I have corrected the issue that caused the delay.

We’ve signed up to the Code of Practice for Accurate Bills to help us give you a better standard of service. It’s a requirement of the Code of Practice that we will not send a bill which includes unbilled energy consumed more than 12 months previous to the bill being issued.

What this means to you

I have reviewed the energy that you were not billed for, between the period of 17/12/2012 and 10/12/2013. Your Gas energy usage for this period is £713.32 and we have written off £360.82 (taking into account any payments you have made and any debt balances). This will show as a credit on your bill.

You may have already received your bill, but if not you will receive this shortly showing your account balance of £437.87 outstanding.

 

Your personal account review

 

Account balance gas £77.58 debit

Account balance electric £360.29 debit

Total account balance £437.87 debit

Divide by 12 (this is the monthly amount you’ll pay to clear your balance over the next 12 months) £36.49

Total monthly amount £36.49

New payment amount (rounded) £36.00

I understand that the balance may be larger than you expected so to help make your payments more affordable, we could certainly look into a 24 or 36 monthly arrangement.

I hope that my response to you has covered all aspects of your query with npower. However, if you would like to accept the proposed payment option or if you have any further queries, please do not hesitate to contact me on 0800 9808414 or 0330 1008843 from a mobile using extension 1198273. We are here to help you 9am to 5pm Monday to Friday.

If I have not received any contact from you by 02/01/2015 I will assume that you are happy for your complaint to be closed and normal collections activity will resume.

 

Still not happy with this obviously, although it's at least a step in the right direction.

[Eversir]

No SAR documentation from nPower at all.

 

Going to file a complaint to the ICO, but in the meantime what shall we do about nPower? They've freely admitted they have been unable to send an accurate bill since December 2012, and "written off" a sum of money which was never owed in the first place anyway (see above).

[rebel11]

Hi Eversir

 

Give them a further 7 days, send the following, Recorded Delivery:-

 

Dear XXXXXX

 

DSAR Reference: XXXXX

 

Account Number: XXXXXXXXXXXXXXX

 

I have not received the documents requested under the Data Protection Act, the documents were requested on XXXXXXX.

 

The disclosure of personal data is incomplete in that all documents are missing.

 

1) You have failed to provide XXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXX

2) XXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXX

3) XXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXX

 

This is not an exhaustive list by any means, it is just an example of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject access request within 7 days, I shall apply to the county court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

XXXXXXX

[Eversir]

Perfect, thank you! Not very clued-up on DPA stuff so this is a great help.

 

Do you think a response is necessary to their email of the 18th December, or just ignore until this SAR stuff is out the way?

[rebel11]

Your position is that nothing is owed for that period (12/12 - 12/13) is that correct?, so the discount is meaningless, infact the Backbilling principles state that they shouldn't Backbill you for that period anyway, especially as they have admitted that no bills had been sent for that period.

 

I would send a letter stating that, send it Recorded Delivery.

 

http://www.consumerfocus.org.uk/files/2010/01/Back-billing-leaflet-2012.pdf

 

Perfect, thank you! Not very clued-up on DPA stuff so this is a great help.

 

Do you think a response is necessary to their email of the 18th December, or just ignore until this SAR stuff is out the way?

[Eversir]

Originally Npower provided no paperwork to show how the bill had been generated. It's taken almost a year to get that information despite repeated requests.

 

They finally sent through a breakdown about a week ago; they have been using estimated readings for gas despite many readings been given for both electric and gas (both readings were given at the same time).

 

The actual gas consumption whilst with Npower was a lot less than they are claiming with their estimated reads. From what we have calculated, there is actually about £250 to pay (not the £800 or so they are billing for). Most of that is just standing charges; not actual energy use.

 

So yes, this is what we need clarification on. From what they are saying, they have failed to provide an accurate bill since almost 2 years ago (so backbilling rules should come into play here), but technically an amount is owed - just not the one Npower was claiming.

[rebel11]

The Backbilling principles apply.

[Eversir]

Thank you

[Eversir]

Letter was sent but no further written contact from NPower has been received. This letter also re-iterated an earlier request that all correspondance be in writing via return post, not email nor telephone.

 

My relative discovered a voicemail on her phone today, apparently left on Friday from Npower's executive complaints team. It stated that as they had heard nothing more from her, they have closed the complaint. This is despite having received the previous letter (recorded post) several days before this voicemail was left. Presumablely they will resume collection tactics for what is still an unowed sum.

 

Bit exasperated here. Feeling as if there is no other choice but to take them to court. They have had more than enough opportunities to sort this out.

[Eversir]

Just giving this a bump. Could do to know whether taking Npower to court is the right thing to do in these circumstances:

 

1) Letter to Npower towards the end of November was effectively LBA. Npower took it upon themselves to respond to the letter via email, even though no email address was provided in this correspondance (post #30 of this thread).

 

2) Letter sent on 24th December to Npower Data Controller as no SAR response given. Gave additional 7 days to respond otherwise would apply to court for damages and enforcement. No response as of today.

 

3) Another letter sent on 29th December to Npower in response to their email (post #30). Stated that it was unacceptable of them to reply to a letter via email, particularly as it had previously been requested that all correspondance be made in writing. Re-iterated a response should be sent via return mail. Quoted backbilling rules, stated that they should not bill for this period as it falls outside the 12 months and that the offered "discount" is meaningless. Also stated the amount is still incorrect anyway. Gave them 14 days to resolve the issue with a sensible offer (i.e. cease collection activity immediately and permanently - reduce the balance to zero) otherwise court proceedings would be issued. That gives them until Monday 12th.

[Eversir]

Anyone?

[Eversir]

Pastdue Credit Solutions are now threatening legal action. Letter received this morning, although dated 30th December 2014.

 

They are recommending their client, Npower, issue a claim. The letter "strongly urges" to pay by 9th January 2015.

 

The dates above don't even make sense. Npower said they would continue collection activity after 2nd January 2015, but the letter is dated 30th December 2014?

 

Can't see any alternative but to issue a claim against Npower, but would like a second opinion please.

[BankFodder]

I think that my advice given at post 10 still applies. I'm not at all surprised that this is going this way.

 

The only way to deal with this is to challenge them in court. You will find a remarkable change in their attitude towards you once you issue court papers – however, it has gone on so much now that I expect that they will challenge you quite robust.

 

If you are sure that you have got all the evidence – meaning paper records and all recorded phone calls to support your claim, then I would go for a small claim.

 

As usual, we can help you if you want

[BankFodder]

Pastdue Credit Solutions are now threatening legal action. Letter received this morning, although dated 30th December 2014.

 

They are recommending their client, Npower, issue a claim. The letter "strongly urges" to pay by 9th January 2015.

 

The dates above don't even make sense. Npower said they would continue collection activity after 2nd January 2015, but the letter is dated 30th December 2014?

 

Can't see any alternative but to issue a claim against Npower, but would like a second opinion please.

 

Just to add here, that if they decide to bring a legal action against you, this would make it much easier for you. It is easier to defend and to add a counterclaim then to bring your own action on these kind of matters.

 

Can you tell me what the value of their claim is at the moment please

[Eversir]

As of yet, nothing has been issued - they are just recommending to their client that they should issue a claim.

 

Tons of evidence, especially the written kind. Notes from phone calls circa 2013, call recordings from 2014 onwards. Not to mention they have failed to respond to SAR and subsequent reminder.

 

Relative is going to be out of the country shortly, so might be prudent to wait before issuing a claim herself if, as you have pointed out, it makes it easier for her to defend a claim.

[BankFodder]

Is your evidence all organised so that it tells the story?

How long will they be out of the country?

What is the value of their claim?

What might be a breakdown of the value of your claim?

[Eversir]

1) All in a folder in chronalogical order (except phone recordings)

2) Just shy of two weeks

3) I'm not 100% sure because they keep changing the figures. £437 seems likely as per latest email.

4) Breach of contract, months of hounding, letters, time on the phone... I think a figure in the region of £400 is likely

[BankFodder]

Is there a credit file entry?

I wonder if they would go to court for £437.

Maybe the best thing to do is to start off after the holiday. In the meantime send them another letter about the failure to comply with the SAR. Send it to their compliance officer. Send a copy to the ICO as part of a complaint. At least you will have a good paper trail if you go to court.

When you come back, send the LBA and start the action. Is your relative up to doing this themselves? If it goes to court, they will have to be there - although you may be able to sit alongside and whisper words.

[Eversir]

Yes, although it doesn't show it as a late payment - just as a balance. Also, these figures keep changing up and down, from month to month, by a few pounds.

 

Cheers BankFodder, sounds like a sensible plan.

 

And yes, she's fed up with them. Feels confident to see them in court if it comes to that. Just needs me to help with the paperwork side of things.

[Eversir]

OK, the time has come. The Debt Collection agencies are back to their usual tricks. Nothing substantive back from Npower regarding the complaint itself, just one of their token "apology" letters and that they are looking into it. Nothing back from the SAR team.

 

Relative feels no other option really exists other than to get the courts involved. Will be starting a claim via MCOL soon.

 

Am I right in thinking at this stage, just file a succinct list of stuff on POC (i.e. don't include anything else at this stage)?

 

I imagine the POC will be fairly straightforward, something along the lines of:

 

1) Breach of contract in regards to mismanagement of account over an extended period of time.

2) Failure to remedy breach of contract despite repeated requests, both in writing and via telephone.

3) Harassment by Npower and multiple third parties instructed by Npower as a result of mismanagement of account.

4) Breach of statutory rights - specifically under The Data Protection Act 1997 (Subject Access Request).

5) Erroneous entries on Credit File (I imagine this is also something that falls under The Data Protection Act)

6) Incurred expenses associated with the above (predominantly letters and phone calls).

 

 

The above is just a draft list, nothing final. How would we go about asking the court to order Npower to comply with the SAR?

 

 

Thanks in advance.

[BankFodder]

I'm struggling to see what Npower's problem is. How on earth have they managed to let it all get so out of control.

 

Has the ICO responded to your complaint yet?