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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 28992
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Not for Jo C. (alias Remus2004 ), not for Clare solicitor,

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Not for Jo C. (alias Remus2004 ), not for Clare solicitor, not for Jamie-Law, not for SASH_Law, not for Ross Miller. Not for James Bruce, not for Jeremy Aldermartin.
My electricity supplier Enstroga made a claim against me for not having payed an "outstanding payment".
The background is that I sent them multiple emails and made 2 formal complaints asking to explain me their bills and to use real meter readings instead of estimated. They have never responded.
Just a day ago I made a complaint to energy ombudsman as well.
I would like them not only lose the claim but to pay me for my time. I know I am alowed to be payed £19 per hour.
What exactly should I write in the Response pack? Should I ask the court to strick out the Claim? Should I make a counterclaim?

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

May I confirm what the "outstanding payment" relates to please? Does it relate to charges that they are seeking for a period earlier than 12 months from the date the submitted their invoice?

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms if the electric charges relate to a period more than 12 months before the date the invoice was raised, you should be able to avoid liability in respect of such charges for such period under the energy back billing code which precludes energy companies charging residential customers more than 12 months worth of electricity at the date of the particular invoice unless they can show that the customer has impeded metre readings actively or otherwise acted in bad faith

I hope the above is of some assistance but if you have any further questions, please revert to me

Customer: replied 16 days ago.
Does it relate to charges that they are seeking for a period earlier than 12 months from the date the submitted their invoice?
I think so though I am not sure. I had a derect debit with them for about 1 year then they suddenly without telling me made it 2 times more (it was £46 and they made it £92). I canceled it and asked them to send me a bill. They sent a bill which is impossible to understand and used estimated meter readings though I sent the the real onse. So I asked them to explain etc.
Customer: replied 16 days ago.
34;you should be able to avoid liability in respect of such charges for such period under the energy back billing code". It is interesting to know but I am not sure if I can use it. My position is that I do not refuse to pay but I want them explain my bill and I am pretty sure they caculated it incorrectly. During more than 1 year I do not live in this property, just visit it sometimes, and practically do not use electricity.
Customer: replied 16 days ago.
I downloaded Code of practice for accurate bills. It is sated "As of 1 May 2018, the 12 month back-billing rule, where a supplier is at fault (previously clause 5) has become a supplier license condition and is therefore no longer apart of the billing code. Energy UK is currently assessing potential new areas of focus for the code to ensure it is fully up to date".
What does it exactly mean? I am not an English native speaker.

My apologies for the delay in reverting to you over the long weekend. You can ask them to explain any bill you are struggling to understand. The bill should show you the meter readings they are using to calculate their charges which you can compare against the last bill (if you have a previous bill you paid) and the current meter reading.

Customer: replied 13 days ago.
now we came to my initial question "I would like them not only lose the claim but to pay me for my time. I know I am alowed to be payed £19 per hour.
What exactly should I write in the Response pack? Should I ask the court to strick out the Claim? Should I make a counterclaim?"
And later I asked
"I downloaded Code of practice for accurate bills. It is sated "As of 1 May 2018, the 12 month back-billing rule, where a supplier is at fault (previously clause 5) has become a supplier license condition and is therefore no longer apart of the billing code. Energy UK is currently assessing potential new areas of focus for the code to ensure it is fully up to date".
What does it exactly mean? I am not an English native speaker".

Generally the courts will not award monies for wasted time. Ombudsman services are more willing to make awards for wasted time. I am not in a position to advise you in relation to how to conduct your defence. In the main, in order to defend the claim you will need to show why you do not believe you owe the monies claimed. You could also consider using the Energy Ombudsman and asking the court to adjourn the claim pending determination by the Ombudsman under ADR (alternative dispute resolution). to make a counterclaim you will have to show why you have a claim against the energy provider. As above, generally in the courts, you cannot claim for your time per se.

Customer: replied 12 days ago.
This is why I thought to make an application to strike out the Claim on the basis that the Claimant has never provided me with a clear bill and ignored all my multiple inquiries and formal complaints.
And of course I have already complained to the Ombudsman.
I think I may ask the court either strike out the Claim or adjourn the claim pending determination by the Ombudsman under ADR.
Customer: replied 12 days ago.
What would you say?

You can ask the court to strike out the claim though this may be adventurous. Strike out requires you to show that the claimants claim has no merit whatsoever. Whilst you have legitimate criticisms of the claimants claim, I am not certain you can show no merit whatsoever as it seems there may at least be the basis of a claim albeit questions as regards ***** *****

Joshua and other Property Law Specialists are ready to help you
Customer: replied 10 days ago.
Thanks