please help.

[lcg]

my son's girlfriend moved into a studio flat 4 months ago. her energy provider has tried charging her £150 a month which is ridiculous as she is always working/at uni/out or using very little energy anyway (as opposed to me who is probably burning up the universe and only paying £75 monthly for a 3 bed terrace!). any way....she has contested the charge from the start; paid the first £150 and for the next 3 months paid what she calculated via the meter usage and their highest tariff.

the company has harassed her for money and continued to demand the £150 until this month when they admitted the charges were not right, but not what the problem was. communication has mainly been via email and she received a bill three days ago (which she had paid). today she has been informed during a telephone call that the company has referred the case to a bailiff and there is nothing they can do about the situation.

what can she do? both about the company (spark energy - to name and shame), the debt and the bailiffs? surely the company has some responsibility in rectifying their own mistakes....but they are not listening to her. btw...this is the first i've heard of it and any help would be appreciated. i have a mad urge to go and do something silly............please help me to help her sensibly! x

[rojash]

http://www.ofgem.gov....s/Pages/Consumer.aspx

[Barmaid]

Does she have the meter readings from when she moved in and up to date? If so, she should be able to calculate how much she has used and then how much it costs (remember to add in the additional charges, ie standing charge etc).

They can say what they like about bailiffs however 1) they need a warrant to enter so if your daughter writes to them (recorded) and explains that she doesn't owe what they say she owes and 2) doesn't answer the door (if she does, accidentally, tell her that she DOES NOT have to allow anyone into her property without a warrant from the magistrates court) she need not worry. That should buy her some time to sort stuff out with rojash's link.

[lcg]

she has all readings as she has calculated appropriate payments. i have told her to be careful with the bailiffs and what they can/can't do. she is exploring the ombudsman's route as it has got beyond silly now. does anyone have experience of the ombudsman, their role in complaints and experience of the process? and help would be gratefully received. thanks, guys.

[lcg]

i have also posted her the link to this question, so we may get a post/new member! it's so unfair for her - first year at uni, living independently etc. - she deserves much better as she works so hard x

[Eve]

Looks like she is far from alone...

http://www.reviewcent...views-all-199569.html

Just a quick google of "spark energy complaints" says a lot!

[lcg]

yeah...have kinda realised that and sent her several links to different sites. she can hopefully pick up some tips there as well. i really hope it doesn't end up with me visiting the head office.....it has been known! x

[Barmaid]

You do have my sympathy lcg. My grandparents had a difficulty with their electric company when they had a new meter fitted. All of a sudden their payments went through the roof (if I recall it was more than ours, and we are electric tarts). The company insisted it was correct and threatened bailiffs yada yada. My grandparents were terrified (in their 80s). It took me and my mother (and my brother who knows about this stuff) a concerted effort to convince them they'd got the day rate and the evening rate mixed up. The Ombudsman was very helpful - although you have to be very clear and very specific in your correspondence and you have to formally complain to the company concerned first. The result was that the bills were recalculated and the company ended up owing my grandparents money (omg, did I enjoy writing to them demanding payment within 14 days!).

I think they work on the basis that they employ bully boy tactics because 9/10 will pay up.

Keep at them. They are bullies. THeir staff aren't to blame though and I feel genuinely sorry for them.

[ojread2]

On the baliff side of things, just tell her not to let them in

"Can a bailiff force his/her way into my house?
Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare."

Taken from here http://www.bankruptcy...ics/bailiff-guide.php

[tonywiltshire]

It is most unusual for an energy provider to access the cost of energy and then demand payment without it having some basis in the amount of energy used. Your son’s girlfriend probably has an Assured Shorthold Tenancy for a minimum of six months and the electric meter should have been read by both tenant and landlord at the start of the tenancy, she should now be shown as the account holder and will be charged on the amount of energy used or have a pre-payment meter installed.
Her first step is to raise a complaint with the energy company over the charges, if this has been done and there is no satisfactory outcome contact the Ombudsman Services 0330 440 1624, who will not deal with the issues unless the energy company have had the opportunity to resolve the matter.
Normally court action would be required before action by bailiffs who do not generally have the have the right to force entry, they can however gain peaceful entry, even though a closed but unlocked door or window, if they do gain peaceful entry they will probably produce a walking possession order which when signed by your son’s girlfriend will permit them to later gain entry through force.

You say you have a mad urge to do something silly, do not do anything silly.

[themas]

1. I hesitate to differ from barmaid (who is, after all, a barrister) but this is a civil matter - not criminal - so any warrant would come from the County Court, not magistrates. Before that stage is reached, a Court claim will have to be issued. Your friend can then dispute the claim and deny she owes the money. She can provide evidence to Court & - hopefully - convince the judge that she does not owe the money. If the judge is not convinced, he/she will grant a County Court Judgement, which may say the money is to be paid immediately or in instalments over a period of time. If the terms of the Judgement are kept to bailiffs cannot be instructed. So you can see any question of bailiffs is a long way down the track, & there would be a good opportunity to make the case in Court before they can be involved.

2. These are undoubtedly bully boy tactics, intended to frighten. Don't let them succeed. If anyone does visit the premises before the above procedure has been carried out they will not be bailiffs. They may pretend they are, but they are not & have no powers at all. They should not be admitted, but told the debt is disputed and to leave.

3. If it does get to the stage where bailiffs could come, make sure all doors & windows are kept shut. Don't admit them - they can't break in. (The law is different for criminal cases involving Court fines, where - subject to some safeguards - they can break in.)

4. The Ombudsman should be very helpful but - as already said - a formal written complaint must be made to the supplier first. Make sure this is sent by recorded delivery, & a copy kept.

[lcg]

thank you for all your replies. she has complained again to the company in writing and started a complaint process with the ombudsman. hopefully it will get things rolling and won't take too much time. i will keep you updated and ask for help again as needed. answers have been very reassuring. cheers x