EON and validity of Deemed contract bill.

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EON and validity of Deemed contract bill.

Postby rawfree » Sun Apr 10, 2016 5:44 pm

Hello, and thanks for taking the time to read this. Any help appreciated.
I recently received a letter from Credit Management Debt Recovery Investigations, acting on behalf of their client EON energy. In it they claim that I am responsible for electricity usage from March 2011 to August 2015. They want £1600! Problem is, I am not liable, and I have not lived at the address given for 3.5 yrs. I asked EON to remove my name from the bill prior to leaving, and they agreed. But clearly they did not do this, and are now chasing me for payment. I called EON to explain their error. They want proof that I do not live there, easy enough I thought, but a current tenancy agreement as where I am is not enough. They want and 'end agreement' from that previous address. I do not have one, and I have no contact, or contact details from last landlady...why would I, I moved out so all finished? When I spoke to EON about 'proof of claim' they said they have a 'deemed contract' and that was good enough. What they actually have is one single payment made on my debit card in Sept 2012, roughly when I moved out, and my name. That's it. Do they not have to prove that I was actually living there at the time? I was not. Does the fact that they failed in their 'duty of care' to remove my name give them the right to sell that debt to a third party, debt collection agency. Does a deemed contract hold any weight in these circumstances< they have nothing in writing from me at all.
After several calls with EON, they have now sent me a 'deadlock' letter saying that I should contact the Ombudsman. Should I contact the Ombudsman? I am running out of time (21days) to answer and perhaps ask questions, the right ones obviously. I was away when this deadlock letter arrived and now I have less than a week to reciprocate. Not really sure how to approach this? Should I go for proof of claim, proof of contract, full disclosure of terms? Negligence on their part for not removing my name when asked to do so? I've had three conversations with them, they are arrogant and uneducated. I let them have my landline to call me back under condition that they did not store it under any circumstances, (recorded conversation) they agreed to wipe it off the board and not store it. 3 days later they call me on that number, so clearly did keep it. Fraud/misrepresentation? They lied.
Any letters, links, help in structuring a letter would be appreciated. Apologies if this is a little waffled!
rawfree
 
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Re: EON and validity of Deemed contract bill.

Postby musashi » Tue Apr 12, 2016 6:47 pm

People subject to computer controlled agencies have a hard lesson to learn – logic doesn't care.

There is no such thing as an end of tenancy agreement. This is a nonsense to get you chasing your own tail. The dates on the assured shorthold tenancy agreement coming to an end is all there ever is .
The beginning of your new tenancy agreement, should you have one, will help most. Few people are able to maintain two properties and your new contracts with a supplier will also help.
Your last landlord will be able to provide proof of your departure at the relevant date. Assuming that is that he has not been the one using the electric under your name and liability. If he has then you have a case against him.
Write to the debt recovery agency and ask if they have an order from the court. They can't have unless there was a trial you didn't know about - in which case sec. 14 of the Magistrates Courts Act applies and its a void order. Mention that you are in dispute with EON, about to go to court, that you may be making formal criminal complaints of extortion against EON and they must, by their own rules, withdraw. You could also say that their continued pursuit of you in the matter may involve them as accessories in these criminal complaints and that extortion accompanied by their threats to remove goods may amount to blackmail. When you inform them they become accountable and can't say they didn't know.
Without a court order issued for recovery of the alleged debt they are no more than private bailiffs and and are easily dealt with. Be polite, if your attitude and behaviour can be construed as a public order offence, or a breach of the peace, you may find yourself in chains for awhile. Record everything, and for God's sake stop using the phone when you deal with these people. You need to keep a record. Write to them and tell them they must write back. Change your phone number if you have to and ask BT or whoever for a ghost number and not to put you in the phone book.
Tell EON that you may sue for costs and damages to a value greater than they seek from you, and that they may also have broken The Data Protection Act, many offences against which are crimes of strict liability and carry an unlimited fine for the Designated Data Protection Officer. They must appoint one of these Data controllers, so it may be a good idea to write a letter addressed to that one with your complaint set out in reasonable non ranting threatening terms. You won't need a name although it wouldn't hurt to have one. Ask the recovery agency for it.

Being deemed something is quite powerful and not always easy to refute, but he who deems must bear the burden of proof. Send them a negative averment;
I do not believe there is any proof that I was living there at the material time, I do not believe that you have any proof that I was living there and created the liability at the material time, and I do not believe that any such proof exists.
This obliges them to provide proof to the contrary, forces them to admit that are only deeming.
It may be handy in court, if you get that far, and with any claim you may make against them.
I stopped a court case in the court foyer twenty minutes before they started with a negative averment. It is powerful when used in the right circumstances.
Lance.
It's still fucked, isn't it?
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Re: EON and validity of Deemed contract bill.

Postby rawfree » Sat Apr 16, 2016 11:11 am

Musashi, thank you so much for your detailed and informative response. I do comprehend everything you have written...and you have reminded me of a few things I had forgotten, or rather was unsure how to express. I have also discovered the term 'back billing' and Ofgems guidelines clearly state that regardless of contract, or whoevers fault it is, Utility companies are not allowed to back ball anything further than a year! This alleged debt goes back more than 4 yrs.! I shall put together a notice this week for 'debt clarification and verification' and may ask for your opinion on it if you don't mind. I will of course take the 'freeman' approach re: who I am, not who you say I am. Many thanks.
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