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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1523
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I have a query regarding energy companies, uk, personal

This answer was rated:

hi i have a query regarding energy companies
JA: Where are you? It matters because laws vary by location.
Customer: uk
JA: What steps have you taken so far?
Customer: personal research think i have a good case
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thanks

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Customer: replied 8 days ago.
hi
Customer: replied 8 days ago.
hi Ed are you there please ?

To enable me to answer your query, please provide me with some further information about your legal issue and how you want a lawyer to help you.

Customer: replied 8 days ago.
Hi
Customer: replied 8 days ago.
Are we able to talk here

This is a complicated matter which requires a detailed discussion where I can provide bespoke advice. I suggest that we have a detailed telephone discussion and can offer a Premium Service Phone Call. If you accept, I can pass you my direct contact details for a bespoke document review and telephone advice.

Do you still need expert assistance in this matter?

Please accept the site’s offer of a Premium Service Phone Call and I shall be delighted to pass you my contact details so that we may have a detailed discussion about your legal issue.

I note that you have not replied to my request for further information. I shall therefore post a “general answer” to your type of legal issue. Please revert to me if I am mistaken as to your type of legal issue or the answer does not fit the facts of your situation and I shall be delighted to amend my answer accordingly.

Unfortunately, the normal laws of contract and recompense for goods and services do not quite apply in Consumer Energy Contracts. The Energy Suppliers have the statutory right of a “Deemed Contract” whereby they can charge an occupier of a property for energy usage at a property even when the original Consumer in whose name the contract was made has vacated the property.

Energy Suppliers are also entitled to charge Customers based on “estimates” rather than regular on-site meter readings. This often results in Customers believing that they have been overcharged compared to the actual amount of energy that they have used.

I recommend that you withhold payment on the disputed charges and complain to the Energy Supplier that the charges are based on estimates as opposed to on-site meter readings and that the charges should be based on your actual energy usage.

You should attempt to negotiate a cancellation of the charges, or otherwise a reduced settlement with the Energy Company.

If necessary, I suggest that you instruct your own meter-reading expert to prepare a Report to the Energy Supplier which may be used in Court Proceedings as an Expert Report if it complies with the provisions of Part 35 Civil Procedure Rules 1998.

You may also complain to the Energy Ombudsman who may be able to facilitate a settlement between you and the Energy Supplier: https://www.ombudsman-services.org/sectors/energy.

I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating to conclude this matter.

Kind regards

LawyerEd

Customer: replied 3 days ago.
Thanks Ed for the kind response, SP agreed a full and final balance 2 years ago which I have nearly finished paying, they came back a few months ago saying they made a mistake and the full and final settlement is null and void

If you concluded a settlement agreement with SP, that is an enforceable contract. Unless SP's mistake was obvious and was pointed out to you almost immediately, SP are bound by the original agreement. Any attempt by SP change the terms without your consent constitutes a breach of the contract by Scottish Power and they are in breach of the contract!

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