Shell Energy - Failure to disclose data

[BankFodder]

Well there's a lot of confusion here.

I still don't know which letter you are trying to respond to. The link that you've posted sends me to a post you made with three letters and it seems to me that you are the last person to send a letter so I can't imagine that you are trying to respond to yourself.

Why don't you save us all a lot of trouble and quote the letter here

[Intrepid]

To be clear this letter was sent by Shell Energy and received after the last e-mail  I sent (as Shell Energy directed to respond with). I have reproduced both below in the order that they took place.

Intrepid to Shell Energy via e-mail 25th October 2021

 

"Dear Shell Energy,

Thank you for your reply,

 

Our dispute is in no way resolved. In order to unburden the court, I am willing to accept the cheque you have sent me as payment only for the judgement awarded against you as well as the issued warrant of control.

I reserve the right to bring a further claim for the on-going distress you cause me by continuing to fail to provide me with a complete disclosure of the data you hold on me, as requested and acknowledged by you on 28th April 2021.

 

Should you have any objections to this please let me know within 7 days of receipt of this e-mail.

For the avoidance of doubt my account balance is still in dispute and no solution has been forthcoming as to how you wish to correct this.

Sincerely,"

Shell Energy to Intrepid via letter 26th November 2021

"Dear xxxx
 

RE: Claim Number xxxxxxxx

I refer to the judgement of the court in the above matter dated 15th September 2021, and to the subsequent Notice of Issue of Warrant of Control dated 20th September 2021 which brought the total payable to £218.00.

 

You will be aware that a cheque was sent to you for the amount £218.00 on 1 October 2021.

 

The Court requires that you, as the Claimant, provide a letter of confirmation to confirm that you have received this payment so that the court may update its records accordingly. Please provide us with written confirmation that this is the case. Your letter should state our name (Shell Energy Retail Limited), the claim number and the date that this payment cleared your account.

I look forward to receiving your letter of confirmation.

Yours sincerely,

Richard Shotton-Oza

Legal Counsel
Legal Services"

 

My comments on the above:

The above letter is worded extremely carefully, it accurately states that I should inform the Court when I receive payment, as directed on the Request for Warrant of Control. It then goes on to imply/insinuate/bait the idea that they are entitled to a copy. There are no directions for this given on the Request for Warrant of Control.

Edited December 5, 2021 by Intrepid

[Intrepid]

I think the reply I have prepared below does exactly what they ask for, confirms in writing to them that notice was given to the Court without disclosing anything they are not entitled to receive.

It also makes clear that any delays in doing so were incurred as a result of their underhanded attempt to make the payment as a gesture of good will for poor level of service - not as payment for the judgement awarded against them and issued warrant of control.

 

It is also a bit of a jibe because as frequently as I explain to them that my accout balance is in dispute, they like to write to me, telling me they are "confident the balance of my account is correct and is owed".
 

Quote

Dear Mr Shotton-Oza,

 

I am confident that I have been compliant with the directions from the Court regarding my claim.

It was made clear to Shell Energy Retail Ltd that your attempt to offer the cheque as a gesture of goodwill and settlement for your on-going breach of statutory duty was rejected in full, including the untrue assertion that the payment was in any way discussed.

 

Please do let me know if you wish to draw any of the other claims raised against Shell Energy Retail Ltd to a close.

 

Sincerely,

 

Intrepid

 

Edited December 5, 2021 by Intrepid

[Intrepid]

It should lastly be stated that despite the LBA - Claim form - Notice of Judgement - Issued Warrant of Control they all received in relation to claim 1 and not even the GOGW, that this is the first time the legal team have contacted me directly - instead of what can only be presumed to be remotely using their customer agents as puppeteers to produce a communications gap.

 

The fact that two claims were lodged against them on the same day has clearly woken them up.

Edited December 5, 2021 by Intrepid

[Intrepid]

While Richard Shotton-Oza claims to be "legal counsel - legal services" he is actually their Compliance Manager for Metering Services so this should significantly limit costs if they are using salaried employees to pose as their legal team instead of hired counsel.

Edited December 5, 2021 by Intrepid

[Intrepid]

@BankFodder There is significant evidence on Trustpilot that I am not a unique case when it comes to the abusive way Shell Energy treats its customers.

I am willing to discuss in detail with any of your press contacts the treatment I have received and the way in which Shell Energy abuse of their position - quite likely as indicated on Trustpilot on an industrial scale.

Best regards.

Intrepid.

[Intrepid]

Today I received notification from the Court that the Warrant has not been executed for the reason Paid Direct Confirmed.

 

I have not replied to Shell Energy's letter as I do not believe I am obligated to.

 

 

[Intrepid]

Today I received the following letter (attached below) from Mr Malcolm Henchley - Director of Legal Regulation and Compliance of Shell Energy Retail Ltd.

 

It appears they are upset that I did not respond to their letter. I find this odd considering they pride their business on ignoring the concerns of their customers perhaps it's one rule for them and not for the people that contribute to their salaries.

They are clearly upset that their cheque was not accepted immediately and most likely despite being a director it is unlikely he is aware of the subsequent communication regarding their subversive attempt to offer me a GOGW for a poor level of service not for the judgement issued against them. If he were knowledgeable of such communication then I expect any Court would look very poorly at the correspondence he has just written to me.

Mr Henchley appears not to have his facts straight. The judgement was awarded on 15th September 2021. Their "GOGW" was dated 1st October 2021, they appear to be under the mistaken impression that is when they paid in reference to the judgement awarded against them.

 

Mr Henchley insists the judgement needs to be removed, I'm not sure that it does. A claim was brought they failed to respond and it took a period of time for them to confirm their intentions as to what their payment was in relation to.

This is where I am perhaps unclear, in my experience if a timely payment is made then no record of judgement will be made however the way they chose to provide it is a matter for them and ultimately they are responsible for the reasons it may not have been accepted in time for them not to receive a judgement entered in record.

 

Mr Henchley insists the Court instructed him to write to me requesting a letter of confirmation, it appears he wishes that I take his word for it as no copy of the letter has been sent to me.

 

The Court have confirmed to me that the Warrant has not been executed as a result of confirmed payment, I'm unsure as to whether they also notify the defendant.

Shell Energy have chosen to defend the second claim for their incomplete disclosure as well as the claim for their continued harassment of me using my mobile phone.

I was hoping @BankFodder would help me decide whether I should reply and if so how to word it but I appreciate you have been busy helping others and myself on other threads.

SE - Letter 10.12.21 - Redacted.pdf

Edited December 10, 2021 by Intrepid

[Intrepid]

With regards to the claim I have filed for harassment, I note I have not received text messages yesterday and today.

 

Shell Energy will be invited to explain why the messages suddenly stopped and whether it had anything to do with the claim they filed a defence for on 10th December 2021.

 

Afterall if Shell Energy were insistent that how they were acting was lawful why stop sending me messages?

[BankFodder]

I think it's about time now to write to the court then confirmed that you've received the payment.

I have no doubt that if they do go to court about it then they will achieve what they want and also I can imagine that you will be hit by costs.

I think this one is finished – write to the court

 

[Intrepid]

Hi BF thank you for your response.

That has already been done, I have received the courts acknowledgement as well as confirmation from the Court the Warrant has not been enforced due to payment in full.

 

I wrote to the court twice, once to confirm the payment. The second time re-confirming the payment after I received the first letter from Shell Energy. Surely it cannot be a coincidence the next day the Court send me confirmation the Warrant has been withdrawn?

 

And what of Shell Energy, continue ignoring them for the time being?

 

Lastly despite filing the defence against both claims they have not sent me a copy. I predict I will receive a last minute e-mail of the defence like the parking operator companies.

The fact I have made a second claim for the incomplete disclosure leads me to believe that actually they are looking for a reason to suspend the judgement of the first claim and fight the whole thing on round two.

Edited December 10, 2021 by Intrepid

[Intrepid]

I expect that Shell Energy have written to the court stating they intend to claim the costs of any enforcement action as the payment was made.

It appears to be progressing in a very similar vein to the other thread you referred to.

 

There may be an element of game playing in that Shell Energy are attempting to insist that their GOGW dated 1st October was payment for the judgement however in my opinion that will be easy to refute, and can easily explain my reasonable action to delay accepting their payment.

Edited December 10, 2021 by Intrepid

[Intrepid]

I think if they are entitled to a reply or if it would be unreasonable not to reply then I propose the very simple reply below:

 

Quote

Dear xx,

I am confident I have complied with the directions of the Court regarding my claim.

Sincerely,

 

It has not gone un-noticed the lengths these companies go to in order to frustrate matters.

Instead of following the standard letter format they deliberately produce their correspondence address in a light grey text to blend in with the page of the letter.

In addition I note that return addresses are in a place where their envelopes are opened presumably hoping that when they are opened this makes it more difficult to piece together the return address.

Edited December 10, 2021 by Intrepid

[Intrepid]

@BankFodder Is what they have sent me a disguised letter of claim? It does not state that it is a letter of claim but it does propose a 14 day deadline and a reference to costs. For the time being I assume it is simply designed to intimidate.

[Intrepid]

@dx100uk Hi DX, if Shell Energy wish to set-aside the judgement awarded against them:

1) Will I receive copy of the N244 application from the Court?

2) Will I be offered the opportunity to agree to the set-aside by the Court or is Shell Energy obligated to provide me with an opportunity to agree to the set-aside and thus mitigate costs.

 

3) If not perhaps it is my responsibility to suggest that they do offer the opportunity, and in the event that they do not then they could be considered to have acted unreasonably.

[Intrepid]

I think perhaps now I consider that I must reply but with a little more direction:

 

Quote

Dear xxx,
 

I am confident I have complied with the directions of the Court regarding my claim.
 

I recommend you write to the Court to confirm the status of the judgement prior to incurring any additional costs at your own expense choosing.
 

If you wish to apply to set-aside the judgement then you have a duty to let me know and on what basis you are requesting this.

I request a copy of all the evidence you will provide in support of your application should you wish to apply to set-aside the judgement.

Sincerely,

 

Edited December 10, 2021 by Intrepid

[dx100uk]

Set aside costs them £275

Yes the court will fwd their n244 bundle.

 

Or you could discontinue for free or inform the court the matter is settled!

 

 

[Intrepid]

@dx100uk Thanks for your reply.

Is it possible to discontinue a claim after judgement has been awarded, is that what this is about?

 

There may be an error in my understanding that after the Warrant was returned to the Court that was the end of the matter?

 

Ok that really was rather silly of me.

I cannot discontinue after judgement has been awarded however I can mark the claim as settled.

The issue I have with settled is that their statutory breach is on-going, provided it can be understood that settled refers to this judgement alone and not our ongoing dispute then I consider that to be satisfactory and will inform the Court.

 

Disregard the above, I marked the claim using the first option "Paid in full".

Edited December 10, 2021 by Intrepid

[Intrepid]

With all that out of the way I think my reply to their letter will now be as follows:

 

Quote

Dear xxx,
 

I am confident I have complied with the directions of the Court regarding my claim.
 

I confirm the Court has been notified that the claim referenced by you has been paid in full.

Please allow a reasonable period of time for the status of the claim to be updated by the Court.

 

I recommend you write to the Court to confirm the status of the judgement prior to incurring any additional costs at your own choosing.
 

If you wish to apply to set-aside the judgement then you have a duty to let me know and on what basis you are requesting this.

Should you wish to apply to set-aside the judgement, I request a copy of all the evidence you will provide to the Court in support of your application.

Sincerely,

 

If all of this spirals out of control I do think I have significant mitigating circumstances to present to the Court.

Edited December 10, 2021 by Intrepid

[dx100uk]

Sorry yes meant settled

[Intrepid]

Mr Shotton-Orza wrote to me as "Legal Counsel - Legal Services" for Shell Energy Retail Ltd.

I cannot locate their name on the Solicitors Register, is it worthwhile making a complaint regarding this?

Edited December 12, 2021 by Intrepid

[BankFodder]

No

[Ethel Street]

He hasn't claimed to be solicitor so he doesn't need to be on the solicitor's roll.

[Intrepid]

Shell Energy have provided a defence to the second claim regarding their incomplete disclosure.

 

They have written they did not receive a SAR on the date I wrote in the particulars provided and they are aboslutely correct. I referred to the incorrect SAR date.

 

@dx100uk Given the above is it too late to amend the particulars or is it necessary to now discontinue at my expense and re-serve the particulars and claim.

[Intrepid]

@BankFodder Attached below is a copy of Shell Energy's defence in relation to the 2nd claim for their incomplete disclosure.

 

 

SE - Defence - Redacted.pdf

Edited December 15, 2021 by Intrepid