missditz:

I have spoken to N-power and they are telling me that the 1980 limitations act over-rides the billing code and that they can chase payment up to 6 years back.

So, am i best to write everything down and send the letter of complaint by post?

On the first point perhaps there are some legal eagles lurking who will answer the narrow point.

On the second point the answer is yes. The first assertion should have no bearing until the Energy Ombudsman has made a decison, so get that letter out strictly in accordance the NPower complaints procedure.

While or before you do that, contact NPower by phone and inform them that you dispute the account, are in the process of submitting a formal complaint in writing and expect any enforcement action to be stayed until there is an Energy Ombudsman decision. Make sure you note very carefully the time and date of the call and the adviser's name. Quiz the adviser about whether the call is being recorded, what is the process to obtain a copy of the call, what is the data retention period for the recording and make sure you get the adviser to check back what you say so that you are happy the adviser understands (for the tape) your proposed actions. Unless the call is an expensive number stay on the line until the adviser has answered the call recording questions and if the questions are not answered submit a seperate written complaint on that competency issue. Turn your nightmare into NPower's nightmare.

I strongly recommend you do not get sidetracked into making the complaint by phone, but that is your call.

I also suggest that you make some prudent financial provision for whatever is the eventual outcome.

hi there, thanks for replying - I have spoken to N-power and they are telling me that the 1980 limitations act over-rides the billing code and that they can chase payment up to 6 years back. So, am i best to write everything down and send the letter of complaint by post?

thanks for your help - this is a nightmare for me!!

missditz:

...N-power have confirmed that they read my meter 6 times in 3.5 years but never issued me a bill from the readings...

I think by that statement they have largely shot themselves in the foot. Either the property was "vacant" and there was no (or little) consumption or there would appear to be "normal" consumption for an occupied property - yet they took no action to contact the occupier.

Sometimes there is not an open and shut answer to the question you ask, and this may be one of those cases. In these circumstances the answer has to be "tested" by making a formal complaint strictly in accordance with the NPower complaints procedure, sent by "Signed For" delivery, setting out your Billing Code claim and case. Basically everything you state in the post except the "single mum, working full time, ditsy" bit.

If you remain disatisfied with NPower's "final response", or after 8 weeks, whichever occurs first, you are entitled to ask the Energy Ombudsman to consider the case. The EO may or may not uphold your complaint but you will get your question answered, and maybe a pleasant surprise. You have nothing to lose.

It is possible that the gas and electric accounts are separate and not as a dual fuel account which means that the notify of change of occupier or owner would have needed to be done for the two of them. Maybe there were two different suppliers and two different billing cycles. Maybe the electricity account was in dispute between the previous occupier and the supplier such as a referral to the regulator about some issue.

hi, does anyone know if the billing code applies to this situation -

i moved into a property 3.5 years ago. I had a bill from n-power to the new occupier for gas consumption, and opened the account and have been paying for the gas ever since. at the time, i asked about the electric and was told to wait for a bill then they could sort that side out. Due to me being a single mum, working full time and a bit ditsy, i never received an electricity bill in 3.5 years. Last week I had a letter through my door from n-power saying that they supply my electric and to contact them as they believed the property to have been vacant for 3.5years. I caontacted them and they now say I owe 3.5years of electric bills. My arguement is that I NEVER EVER received a bill - either estimated or from a meter reading ( if I had, I would have sorted this asap ). N-power have confirmed that they read my meter 6 times in 3.5 years but never issued me a bill from the readings.

They are saying that under the 1980 limitations act I owe the money as i did not inform them that I had moved into the property. My arguement is that I have had an N-power gas account for 3.5 years.

Does anyone know whether I have a case under the billing code - since I never once had a bill?

thanks