A paper to help you dispute a credit broker scam
Everybody should be able to claim back all their energy payments under this useful piece of information. I have never met anyone who has been informed that their energy company is actually a credit broker – not a supplier.
Under the Consumer Credit Act 1974, Chapter 39, Part X, Section 155, an individual has the right to recover brokerage fees. This means that one is protected where no credit agreement has been ‘signed’, and that everything over £5 has to be refunded.
Whichever corporate you are dealing with, the business started out with a ‘Supply Licence’, even though we already know that it is the ‘National Grid’ (formerly Western Power Distribution) who operate the ELECTRICITY distribution network. Yes, they are the ones physically delivering the electricity to your property. The supply licence holder is a separate billing company – they deal with customer service and billing, but NOT the actual supply. Do we expect that the case is any better when we start to look at GAS supply?
At no time is the prospective ‘customer’ told that the Supply Licensee is going to be offering CREDIT, there can obviously be no Credit Agreement between the corporate company and the ‘wo/man-in-the-street’ user of the power. Without a valid Credit Agreement, no consumer has any liability to pay any charges.
Therefore, there can be no question of such a corporate non-entity sending bullying debt collectors to your door, since the ‘Supply Licensee’ cannot ask any ‘court’ (be that civil or criminal, and the Ministry of (in)Justice has, since 2015, been quietly melding these two separate legal entities into ONE – known today as the ‘Single Justice Procedure [SJP]) to enforce an ‘agreement’ which does not exist – never did exist.
Send a Direct Subject Data
Access Request (DSAR) – and remember, this is a NOTICE to them, it is NOT a ‘letter’ – and require them to send you a copy of the underwritten (i.e.: wet ink autograph with your thumb- or fingerprint) Credit Agreement which exists between you, the user, and them, the credit broker cum supplier. They will not be able to produce a non-existent paper.
Remember to send all written communications by Special Delivery via your local Post Office; you will then be able to check that it did reach its target. It does cost around £9 per notice, but, never fear, you will be able to add those incidentals to your final invoice to the corporate crooks when you have exposed their fraud.
There are several statutory offences disclosed, when we begin to think what our indictment could look like, here are some:
- Fraud Act 2006 – Section 2 – False representation
- Section 3 – Failure to disclose information
- Section 4 – Fraud by abuse of position
There is also
- Unfair Terms in Consumer Contracts Regulations 1999
- Consumer Credit Act 1974
- Consumer Credit Act 2006
- Not forgetting that under Common Law (as opposed to statute) we must
‘cause no harm, loss or injury’.
Of course, there will be a valid contract between the alleged ‘suppliers’, and whoever actually generates the GAS or ELECTRICITY product that finally arrives at your property. These contacts are perfectly legal and binding contracts. The credit broker entity will, under THAT contract, have accepted liability for the cost of the ‘producer entity’ making the product and of the National Grid supplying same to the property. Which leaves you, the end user, with precisely ZERO cost or liability for costs, with the sole exception of the £5 which the Consumer Credit Act 1974 did not cover.
I would say that is a fair result, for the living man or woman, to have to pay £5 (per account?) for a product which, let’s be honest, we have become so accustomed to using. All we now have to find out, to whom the £5 actually goes.
Could someone in the team do that last bit of research, please, as I have enough on at the moment, dealing with some three or four other corrupt entities who think that they deserve a share of my lifelong sweat and equity.
With sincere thanks to all our co-workers dedicated to exposing fraud and living in Truth
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