First Utility Small Claims Court

jimmyjim_uk

Has anyone took First Utility to the small claims court and won?

The energy ombudsman ruled in my favour on 14th March 2012 after First Utility charged me at the wrong tariff for nearly a year.

The ombudsman's letter reads as follows:

YOUR COMPLAINT ABOUT FIRST UTILITY
Please find below a summary of the proposals agreed by you and First Utility, in full and final
resolution of your complaint:
• send a letter of apology for any customer service shortfalls;
• ensure the correct tariff (Smart Homes Fixed v1.2) is applied to your account with effect from 1
June 2011, confirming the rates are fixed for a year from the agreement commencement date;
and
• make a financial award of £50.
First Utility should provide the remedy within 28 days from the date of this letter.
The Ombudsman is pleased there is a satisfactory outcome to this case.

First Utility recalculated my bills in May 2012 and that put me in £280 credit. Received my June 2012 bill and they charged me 366 days standing charge for both gas and electricity, so my Bill came in at £266. Emailed First Utility 18th June and had no reply.

To date I have not received my apology or £50 financial award.

I have rang the Ombudsman countless times and they are as much use as a chocolate fire guard.

Told the Ombudsman about being charged 366 standing charge and they said I have lodge a separate complaint and wait the full 8 weeks.


I would like to pursue the £50 and the standing charge overcharge through the small claims. Just wondering if anyone has had any luck against First Utility. Any tips much appreciated.

Thanks.

Jimmyjim

spiro

Did the Smart Homes Fixed v1.2 tariff have a standing charge at 1/6/11?

jimmyjim_uk

Yes it did and was included in my recalculated bills.

Terrylw1

This is what annoys me about the energy ombudsman, they make a decision and walk away.

If FU haven't complied with the EO's decision, don't accept them saying you have re-raise the complaint.

Instruct the EO to chase up FU as they have not complied with them. If the EO won't, make a complaint about them...which has worked on Backfoot's thread about EDF where the OE were being obstructive.

chanz4

If the following tariff included standing charge, they have done as agreed "ensure the correct tariff (Smart Homes Fixed v1.2) is applied to your account with effect from 1
June 2011, confirming the rates are fixed for a year from the agreement commencement date;
and

spiro

chanz4 wrote: »

If the following tariff included standing charge, they have done as agreed "ensure the correct tariff (Smart Homes Fixed v1.2) is applied to your account with effect from 1
June 2011, confirming the rates are fixed for a year from the agreement commencement date;
and

My thoughts exactly!

jimmyjim_uk

I had been charged standing charge when I was being overcharged.

The recalculated bills included standing charges.

My June 2012 bill was for May 2012 energy use which has 31 days. First Utility charged me 366 days standing charges for a 31 day month.

jimmyjim_uk

Are you guys getting June 2011 and June 2012 mixed up

backfoot

It seems to me that you have done everything correctly in terms of process.

http://www.ombudsman-services.org/our-powers.htmlon

It is an obvious failing of FU not to have compensated you and you feel the recalculated bill is still incorrect. The key phrase in the link above is:

'




We will continue to contact you until we are satisfied that the complaint has been resolved. If you do not implement the proposed remedy the consumer can take legal action.'


They are not following their own remit and it is plainly a nonsense for you to have to start the process again.

Try escalating it within the EO. Ask to speak to a Manager or submit a formal complaint by email asking for it to be reviewed in line with their own guidelines.

You are entitled to complain about the EO, but lets hope they see sense before then.

Have you asked FU for an explanation? It may be further incompetence rather than deliberate.

The other alternative for FU's failure to abide by the ruling allows you to take legal action for any losses and you could also include additional costs for the time and inconvenience in preparing the case,which had already been proven.

I am awaiting an adjudication from the EO on a separate unconnected case and in touch with Ofgem regarding the process of finding resolution for such issues.

Ofgem take the issue of obstructive complaint handling very seriously and have issued some hefty fines on a number of Suppliers.You may want to remind FU of that fact.If you don't get resolution very quickly,you should let the Consumer Affairs Department at OFGEM know, including the difficulties encountered with the Energy Ombudsman in failing to ensure that their ruling was actioned.Suggesting you reenter another 8 week loop is appalling.

jimmyjim_uk

Thank you Backfoot.

In the first instance I will go back to EO via email and lodge a formal complaint as you suggest. If that fails it will have to be legal action against FU.

I have contacted FU many times, they apologise and promise it will be sorted but never do. I suspect it is pure incompetence.

First Utility recalculated the bills correctly in May 2012 bill then in June 2012 decided to overcharge me 366 days standing charge. The fresh 8 week loop may apply but I will argue with the EO on this.

Thanks for the info on OFGEM I did not know that they could get involved and hope you get your case resolved.