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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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WATTS: Alex, I wish you all the best NEW

Resolved Question:

WATTS: I have not yet told you my question.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : and Happy new year to you.
Alex Watts : How may I assist you today?
Customer:

Alex,

Alex Watts : .
Alex Watts : i am on the train will be on and offline
Customer:

I am in the County Court with Npower on the 15th January 201, hoping to bring a close to this matter. As things stand, Npower have admitted that they have no unit prices. They have supplied a 2 page contract which they claim is valid. Details of the contract are as follows: 1) NPOWER 2) YOUR HOME ENERGY CONTRACT 3) Your Personal Details - followed by my full name, address, date of birth and email address. 4) Your current gas supply: British Gas 5) Your current electricity supplier: EDF 5) Choice of fuel and payment type: both gas and electric on monthly direct debit, payment date 15th of each month 6) monthly payment £122 - electric £40 monthly. 7) Product code gas/electric "Winterfix" 8) Gas and Electric meter details left blank 9) Direct debit details 10) Myself and agent signs contract. My question is: Can I enforce this contract? Is the payment of £122 and £40 per month as quoted by their agent enforceable in the courts? There is no time limit mentioned in the contract. What is my position? Please advise...

Customer:

Sorry Alex, it's 15th Jan 2015

Alex Watts : Are they taking you to court or you them?
Customer:

I am taking them to court.

Alex Watts : The monthly payments are not enforceable.
Alex Watts : Clearly if you are not using that amount you can't be expected to pay
Alex Watts : But you are also seeking it was missold if I remember correctly
Customer:

That is correct. My claim is and I am asking the judge to declare the contract void on the basis that it is incomplete without the unit prices that were agreed at the point of sale. As per your good advice. Also, Npower concealed the fact that they had no unit prices after I complained that I had been missold. My claim was dismissed. Npower then concealed the fact that they had no unit prices from the ombudsman. Now we are in court where their defence is riddled with inconsistencies. Please explain what I should ask terms of compensation. How would I say it in court?

Alex Watts : Ok, but had your claim been dismissed"
Customer:

Npower dismissed my claim as having no grounds. Yet they had no unit prices. An investigation by the ombudsman followed and he said without the unit prices that had been agreed at the point of sale, he could not determine whether a mis sale had taken place or not. If you remember, I was never provided with a contract or unit prices at the point of sale. It was just a month since my daughter was born after only 24weeks and three days, weighing 706 grams. Things were really rough and a lot of trust was placed in the agent and Npower.

Customer:

Please don't get me wrong, I am not complaining, but I find myself in an unnecessary fight that has now lasted three and a half years. I am now at the final hurdle. I only need to know what to ask terms of compensation. Please advise...

Alex Watts :

Yes I remember, but no claim in Court has been dismissed?

Customer:

Alex, the claim is in the court first time on the 15th Jan 2015. Sorry delay but I am often very busy and cannot respond immediately.

Alex Watts : Yes.
Alex Watts : what is it you would to know now please?
Customer:

Alex, 1) am I right to argue that npower had a duty of care to inform me that they had no unit prices after conducting their first investigation back in May 2012? 2) am I right in saying that by concealing this fact their behaviour amounts to harassment, given the fact that they also concealed this information from the ombudsman? 3) And, they failed to provide copies to me despite many requests?

Alex Watts :

Yes that is correct. In the alternative you have been missold.

Customer:

Thank you advice Alex. I feel more confident now. Any last minute advice on my approach at the court?

Alex Watts : There is nothing else I need to say, you are all set!
Alex Watts : please remember to rate as always before you,go. Thanks
Customer:

Your advice is well appreciated. Thank you excellent and first class service.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Watts only. Alex, I believe we Won! The Judges Order of the 15/1/15, reads as follows: Upon hearing the case IT IS ORDERED THAT: 1. Defendant do have permission to amend counterclaim to £11,507.63. Re-service be dispensed with. 2. Judgement Claimant for £2,876.91 . 3. Judgement Defendant on amended counterclaim for £11,507.63. 4. Claimant do pay balance of £8,630.72 to the defendant by 12 February 2015. 5. No order as to costs. Question: Is this judgement final and the figure quoted in point 4, is all I have to pay npower in full and final settlement of our dispute, up to 15/1/15? Npowers counterclaim was based on estimated meter readings, they now want me to pay an additional £1,000. is this correct?

Customer: replied 2 years ago.

Alex, I posted a new question yesterday, following the outcome of the case with npower. Npower were found guilty of misrepresentation and I was awarded 25% damages off the amount of their counterclaim. Their counterclaim was based on estimated readings and they now claim I owe them an extra £1,000, after actual readings were supplied. Is the judges decision on their counterclaim in full and final settlement of our dispute, up to the day of court hearing. He wrote in his order: 1. Defendant do have permission to amend counterclaim to £11,507.63. re-service be dispensed with. 2. Judgement for £2,876.91 .3. Judgement on amended counterclaim for £11,507.63. 4. Claimant to pay balance of £8,630.72 by 15 February 2015. 5.No order as to costs. Do I need to pay them the extra £1,000? Please advise.

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