British Gas Crooks? Ofgem wrong?

I have a small unit on a industrial estate. I have had a dispute with BG and took it to the Ombudsman.

We have not got what we thought we should have got from our complaint.

In fact the Ombudsman decision is going to Bankrupt us which is a serious shame. I started the business in 1979 and employ 7 staff who have worked here for a average duration of 9 years! We are all very happy here but now due to BG's negligence I will have to pay £26000 which we have not got and will be forced into bankruptcy.

I think the ombudsman has summed it all up well enough but I am amazed it is in their favor.

Before I post it here it is BASICALLY !

We moved into a industrial unit in May 2007 and got a BG Electric bill within a few days. Then again in one month and then 10 more every subsequent month. After this initial year we had a bill every quarter for another 2 years. This makes a 3 year period. Then we get a 30 grand bill. The 30 grand was because we were undercharged. They had been estimating every bill, all 24 of them. We looked and sure enough all had the E mark.

We are on a Industrial estate with about 30 other small firms. The landlords/owners office is at the start of the estate and they hold keys for cupboards dotted all over the estate where electricity meters are kept.

As BG and similar companies farm out the Meter reading jobs people would arrive 4 times yearly and come into our unit and ask to read the meter. We would tell them they need to go to landlords office 100 yards away and sign for the key. They would do this. The landlord keeps a log of this and therefore we know our meter was read 12 (ish)times in 3 years.

The bills we were getting (and paid on time) were about £150 per quarter which is cheap but we only work 8 till 4 5 days per week so not that unreal.

We have since discovered that the amounts we paid were BG's Out of contract rates. But as the bills were so low I did not scrutinize the BG invoices too much.

On the 22p per unit rate we paid a 30k bill is correct. BUT if after the first meter reading the actual reading had been used by BG I would of had a monthly (first year I had 12 bills) invoice for about £800 ! Alarm bells would have rung, I would of spoken to BG to see why bill so high and I could of negotiated at least two thirds cheaper. EDF would have been three quarters cheaper.

Even though we supposably owed BG this Hugh amount they let us go to EDF and now my bills are Ave £600 per quarter.

Our argument is obviously if they had of used meter reading they took - or any of the readings they took (they admit at least 10) we would have had a massive bill, moved onto another supplier or negotiated with them. But they left it 3 whole years then tell us we must pay 30 grand, they instructed a lawyer but we complained to Ofgen and below is there decision

Here below is the Ombudsmans decision, I have taken my company name and my name out.

We have 30 days to complain about the below decision and I wonder if anyone may have any idea's ?

NATURE OF ORIGINAL COMPLAINT
Mr S has sent supporting documents into the Ombudsman’s office, including copies of
correspondence, bills and an account of the complaint, which I have summarised below.
Mr S complained that he received a bill in June 2010 for £29,056.30. He says that he was
surprised to receive this bill as British Gas Business obtained regular meter readings. MrS comments that the meters for the premises and five other premises are situated in a locked cupboard and the keys held by the landlord. He says that meter readers have to obtain a
key from the landlord in order to read the meters and that his landlord confirmed that 16 meter
readings have been taken over the three year period the bills covers. Mr S disputes that
British Gas Business had failed to use the meter readings taken.
Mr S complains that he had paid British Gas Business’ out of contract rates. He comments
that had he been aware that British Gas Business had failed to use the readings taken he would
have had the opportunity to negotiate a more competitive rate. Mr S comments that he
made payment to British Gas Business for the invoices it issued in good faith.
Mr S comments that he transferred to EDF Energy. He complained that British Gas
Business continued to send requests for payment and has threatened legal action. He says
that he telephoned British Gas Business on several occasions, and has written to it but the
complaint remains unresolved.
In resolution, Mr S would like British Gas Business to accept £7841.30 in full and final
settlement of the account, payable in four equal monthly amounts.
BRITISH GAS BUSINESS’S INVESTIGATION OF COMPLAINT
British Gas Business has sent supporting documents into the Ombudsman’s office, including
copies of correspondence, bills and an account of the complaint, which I have summarised
below.
British Gas Business confirms that it received notice of a change of tenancy on 25 May 2007. It
comments that as no contract had been agreed it applied its ‘out of contract’ prices onto the
account. It says it issued an invoice on 6 June, which totalled £11.62 and billed the period from
25 May to 31 May.
On 6 November 2007, British Gas Business says that it issued a letter to The L** Company Ltd
which informed them that its ‘out of contract’ prices were due to change. It says that detailed in the letter was a telephone number for its Pricing Team, if The L** Company wished to agree a contract. It says it sent further letters on 14 May 2008 and
23 April 2009, which informed The L** Company that they were currently
being charged ‘out of contract’ prices
It comments that in June 2010 it identified that it had issued invoices to estimated meter
readings and cancelled all invoices and created a single bill which totalled £30386.64 based on
an actual meter reading obtained on 6 April 2010. It says it issued a letter stating that the
account had been re-billed, as prior invoices had under estimated the electricity usage at the
property. It comments that it received a change of supply request on 13 July and did not raise
an objection so the supply transferred on 19 July. It received a complaint on 15 July and spoke
to Mr s but he terminated the call. It comments it emailed Mr S and offered a reduction of 5% if the balance was made in full. It says that on 31 August it received a reply and
increased its offer to 10%. It confirms that it issued a final invoice and made a final offer to
reduce the outstanding balance by 15% and offered a payment plan. It says that Mr S rejected its offer.
REVIEW
1) Mr S complained that he received a bill in June 2010 for £29,056.30. He says that British Gas Business obtained regular meter readings and his landlord confirmed that 16 meter readings have been taken over the three year period the bill covers. Mr S disputes that British Gas Business had failed to use the meter readings taken.
British Gas Business says that it issued invoices, which has billed the electricity consumption
registered on meter serial number I02A03334 from 25 May 2007. It comments that it received
an actual reading in June 2010, that highlighted all previous invoices had been estimated and it
issued a revised single invoice that billed the period from 25 May 2007 to 31 May 2010. Thisinvoice totalled £30,386.64 and meant that the revised balance on the account was £29056.30.
I have reviewed British Gas Business’ log notes and the bills provided. I can see that it received an actual meter reading of 18402 on 27 May 2007 that it used to open the account. Mr S comments that the landlord provided this reading to British Gas Business following his take over
of the lease. Mr S has provided a copy of the landlords record of British Gas Business obtaining access to the meters on 11 occasions between 8 January 2009 and 28 June 2010 when it confirms that it obtained an actual reading. British Gas Business records show that it
obtained actual meter readings on seven of these occasions. I consider it likely that the additional visits may have been to read other meters on site.
I can see from British Gas Business records that its representatives attempted to gain access on 1 July 2009 without success. The record provided by Mr S’s landlord confirmed British Gas Business representatives obtained access to the meters on 1 July 2009 at 13:50 and 15:07.
Mr S comments in his correspondence that the meter cupboard houses five other meters.
While I am unsure how many of these meters are supplied by British Gas Business, I am disappointed that on the two occasions its representatives obtained access from the landlord it did not read Mr S’s meter. I view this as a shortfall in customer service and can see that British Gas Business obtained an actual meter reading on 13 July 2009. This indicates that British Gas Business obtained actual meter readings throughout the period it supplied the account. I can see that from the opening of the account in May 2007, British Gas Business
obtained meter readings on 16 October 2007, 16 January 2008 26 June 2008, 16 October 2008
before the seven visits highlighted above. I am disappointed that British Gas Business did notuse the meter readings it obtained to produce an accurate bill of the consumption recorded by
the meter. I view this as a significant shortfall in customer service as Mr S was unaware of the true cost of his electricity consumption.

I accept that the meter is located in a locked cupboard that the landlord has access to and that Mr S did not have constant access to the meter in order to check the accuracy of the readings British Gas Business billed the account. I consider that a supplier has a responsibility
to ensure that it carried out a visual inspection of the meter every two years. I accept that most suppliers attempt to obtain actual meter readings every year to assist with accurate billing.
British Gas Business comments that the level of charges shown on the invoices should have alerted Mr S earlier. I consider both parties missed opportunities to identify the incorrect billing of the account. I will address this when recommending any goodwill award.
2) Mr S complains that British Gas Business charged him on its out of contract rates since May 2007.
British Gas Business’ comments that it issued three letters to Mr S regarding the rates it used to bill the account but did not receive any response or agreement of a contract.
I have reviewed British Gas Business log notes and can see that it issued letters to Mr S on 6 November 2007, 14 May 2008 and 23 April 2009 regarding its out of contract rated applied
to the account. I am aware that when a customer moves into a premises the customer enters into a deemed contract for the supply of electricity at the premises. I can find no evidence to
indicate that Mr S entered into a contract with any supplier, I consider that British Gas
Business application of its out of contract rates to the account to be reasonable in the
circumstances. I welcome its attempts to inform Mr S of its charges, and consider that its
bills also showed the level of its out of contract charges.
I note that Mr S received low estimated invoices from British Gas Business that he paid.
These show that between May 2007 and June 2010 he made payments totalling £1,403.36. I
accept that due to the extremely low electricity bills Mr S received he may not have checked these to ensure he was paying the most competitive rate. I would expect a Limited Company to take an interest in the prices it pays to ensure it obtains the best prices. However, I am satisfied that British Gas Business billed the account correctly, as Mr S did not enter
into a contract with it.
3) Mr S transferred his supply and comments that British Gas Business continued to send requests for payment and threatened legal action. Mr S has telephoned British GasBusiness on several occasions, and written to it by letter on one occasion and email on eight
occasions without resolution.
British Gas Business comments that on receipt of Mr S’s complaint is made an offer to
reduce the outstanding balance by 10% if it received payment in full that Mr S rejected. It
confirms that it made a final offer to reduce the balance by 15% and offered a six month payment arrangement.
I have reviewed British Gas Business’ log notes and can see that it received a transfer request on 13 July 2010 that it did not object to. I am aware that where there is an outstanding balance
on the account a supplier can object to the transfer. In this case, it appears British Gas
Business did not do so.
I am disappointed at the length of time taken for British Gas Business to provide a response to
the complaint made on 15 July. I can see it wrote to Mr S on 26 August to explain the
cause for the large outstanding balance and offered a reduction of 5%. Mr S entered intoemail correspondence with British Gas Business and Mr S did not accept its offer to reduce the final bill by 15% and a payment plan. British Gas Business passed the account to its
collection team and a hold is currently placed on the account.

I Welcome British Gas Business’ offer and consider that it addressed its failure to provide an accurate bill. I recommend that it maintain this offer of a 15% reduction to the outstanding balance.
4) In resolution, Mr S would like British Gas Business to accept £7841.30 in full and final settlement of the account, payable in four equal monthly amounts.
I identified in point one that British Gas Business obtained actual meter readings that it failed to
use to bill the account. It acknowledges that this was due to the high consumption recorded. I
am disappointed that it obtained 11 readings that showed consistently high consumption, when
compared to its estimates from October 2007 that it failed to use or investigate. I accept that Mr S failed to check the invoices received and did not query the very low bills received.
I consider the readings obtained indicate that the consumption recorded by the meter showed a
consistent high level that does not indicate a fault with it. I am of the opinion the units billed for were consumed at the premises. An energy supplier can backdate its charges for a period of up
to six years and I am of the opinion that Mr S is responsible for the payment of it. I accept
that the application of British Gas Business out of contract rates showed a greater cost that if Mr S had agreed a contract. I noted in point three that Mr S did not enter into any contract and I am disappointed that Mr S did not respond to any of the letters issued by British Gas Business.
I am concerned at the length of time taken for British Gas Business to identify the estimated bills
it issued were incorrect and that the actual readings it received from its representatives were
accurate. I am satisfied that British Gas Business offer to reduce the balance by 15% to leave
an outstanding balance of £26,150.25 addressed the shortfalls in customer service. I also
recommend it provide a letter of apology to address the delay in it responding to Mr S’s
complaint and maintain its offer of a repayment plan.
RECOMMENDATIONS
Following my investigation of Mr S’s complaint, I recommend that British Gas Business:
• provide a letter of apology for its delay in responding to your complaint;
• provides a repayment plan (the terms of which are a commercial decision); and
• reduces the outstanding balance to £26,150.25 to address its failure to provide an
accurate bill.
«1

Comments

  • Can you not afford it if, as OFGEN want, it's done as a repayment option?
  • They want us to pay 26 Grand. I could afford to pay £500 per month - so 52 months at £500 per month and no intrest.
    We lost 12K last year and more the year before. the ressesion really hit my sector. But we were seeing the light....
    Now this !
  • What have BG said? Do they want you pay it all in one go? It wouldn't be in their interest to see you go bankrupt so negotiate with them.
  • Can't really help, but makes me wonder precisely what would be required (in terms of number of readings) in order for them to find in the customers favour.
    Mixed Martial Arts is the greatest sport known to mankind and anyone who says it is 'a bar room brawl' has never trained in it and has no idea what they are talking about.
  • spiro
    spiro Posts: 6,405 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I would make the following points, whilst these seem harsh it was a business account and not a domestic one.

    1) The meter reader validates any reading it obtains and if they dont fit the read history they provide an estimated reading to the supplier.
    2) As a business owner you have received 20 estimates bills and never obtained the key to check they are at least 'in the ball park'.
    3) Some householders get a £150/qtr elec bill yet you are running a business and didn't think such a low bill was odd.
    4) Your accountant should have also queried the bills because every estimated bill means you are potentially incurring an outstanding 'debt' which should be recorded on your end of year accounts.
    5) Why did you not move off of their 'out of contract' rate or why did you accountant not query this?

    I'm sorry that this may bankrupt your business but as said above you as a business must be held equally responsible and they have offered a 15% reduction and time to pay.
    IT Consultant in the utilities industry specialising in the retail electricity market.

    4 Credit Card and 1 Loan PPI claims settled for £26k, 1 rejected (Opus).
  • KimYeovil
    KimYeovil Posts: 6,156 Forumite
    1,000 Posts Combo Breaker
    In ten or eleven years you never once audited all your costs to check how your business was faring in real terms. And this is someone else's fault?
  • fatboy88
    fatboy88 Posts: 478 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    British gas arent the best company to deal with in regards to complaints. I have known them to chase old debts by previous owners by removing the individuals name and just having the business name even though we know who they are chasing for monies.

    In regards to letters you may have received, have you check the full address they have on their system as it happened to me and they wouldnt release me from my contract due to no letters being received but they have a number wrong on my address but all the bills arrived which was strange.

    One thing i dont understand is why they released you when you owed money, from my experience they reject everything until it is paid
  • Yes it does seem to weaken thier hand somewhat in terms of collecting on the debt. Not sure how its different for compaines. In terms of a residential customer the company basically jumps up and down a bit, sells it on, DCA repeats the process. Then not a lot happens.
    Mixed Martial Arts is the greatest sport known to mankind and anyone who says it is 'a bar room brawl' has never trained in it and has no idea what they are talking about.
  • spiro
    spiro Posts: 6,405 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It may be by letting him change supplier this would be seen as treating the customer more fairly by Ombudsman. Its not likely they were going to install a ppm to reclaim £25k.
    IT Consultant in the utilities industry specialising in the retail electricity market.

    4 Credit Card and 1 Loan PPI claims settled for £26k, 1 rejected (Opus).
  • dogshome
    dogshome Posts: 3,878 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hi Jazza703086 - Sorry to read of your troubles and am cross at reply Posts saying "You should have checked the bills and read meters" - Yes you should have done, but when you are running a small business there is no way you have time analise Utility bills to the finest details, or wander down the yard to read a meter.

    I find the Ombusmans final judgement disturbing, but there is fault on both sides and your only other avenue is to take it to a Civil Court, which is expensive.

    However you say you can afford to pay it off at £500 a month and your best bet to get an agreement to this, would be a letter with a short statement of accounts from your Accountant.
    Hopefully when BG see this they will realise thier choice is to accept £500 payments or get Zero in the £ when you are forced ito bancruptcy.
    But be aware that if this payment plan is accepted and then you miss a payment, BG will forclose almost immediately
    All the Best
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