Dispute raised with Scottish Power

speedy2056

Hi,

I would like some advice. Basically, I had been paying two electric companies money for four months, from Aug to Nov. There was something major going on in my life that involved me moving out of my property for three months which is why I never really thought of checking my statements sooner. Basically, I called EON who confirmed that SP had "erroneously" took over my account. I cancelled the direct debits with SP and got the money refunded back from my bank.

Here's the tricky part. And this may have happened because I don't remember, but SP have wrote to me saying they have a copy of a verbal agreement between myself and them and now they are expecting me to pay them back.

I originally asked for a copy of the recording of the call, an itemised bill and copies of the meter readings. They have only given me an itemised bill but head of complaints have said today that they can also offer a recording of the call.

The latest email (from head of complaints) states that they have now confirmed with Eon that supplies definitely left them to transfer to Scottish Power. Yet, I have had it said to me on more than one occasion from EON that it was an erroneous take over!

Is there any advice on how I should proceed with this matter?

I have told head of complaints that I may get the ombudsman involved if our dispute does not reach a satisfactory conclusion. They ended their last correspondence by saying they are going to continue to liaise with EON regarding this matter.

Thank you.

Cardew

Firstly Eon would not have known if SP had erroneously taken over your account, other than you telling them that you hadn't instigated a switch to SP.

The procedure for switching accounts is the customer contacts the gaining supplier(SP in your case) and tells them he wants to switch. They(SP) then instigate switching and tell the losing supplier(Eon) you wish to switch. E-on can object if you owe them a lot of money - but otherwise the switch just happens.

Now as erroneous transfers are apparently quite common, when you contacted E-on and told them you hadn't instigated a switch to SP it would be natural for them to assume it was another case of an erroneous transfer.

So as you are not disputing that you 'might' have contacted SP to instigate a switch(and SP have a recording) the switch has correctly taken place.

To repeat; Eon have no way of knowing that it was an erroneous transfer other than you telling them you hadn't instigated the switch.

So assuming that you did indeed contact SP, there is no dispute and both Eon and SP are blameless.

speedy2056

Cardew wrote: »

Firstly Eon would not have known if SP had erroneously taken over your account, other than you telling them that you hadn't instigated a switch to SP.

The procedure for switching accounts is the customer contacts the gaining supplier(SP in your case) and tells them he wants to switch. They(SP) then instigate switching and tell the losing supplier(Eon) you wish to switch. E-on can object if you owe them a lot of money - but otherwise the switch just happens.

Now as erroneous transfers are apparently quite common, when you contacted E-on and told them you hadn't instigated a switch to SP it would be natural for them to assume it was another case of an erroneous transfer.

So as you are not disputing that you 'might' have contacted SP to instigate a switch(and SP have a recording) the switch has correctly taken place.

To repeat; Eon have no way of knowing that it was an erroneous transfer other than you telling them you hadn't instigated the switch.

So assuming that you did indeed contact SP, there is no dispute and both Eon and SP are blameless.

I never contact suppliers to transfer. They call me and I normally consider or agree. That is what I am thinking happened.

Whatever went on, I am now stuck between two suppliers without a clue what has gone on. I am sure a breakdown in communication has happened somewhere along the line.

If SP called me (99.9% certain that's what happened if I agreed to go with them) then surely they would have let EON know that I no longer wanted to be with them?

I've done all this before and the agent on the phone always says for me not to worry and that he will take care of everything as far as letting my former supplier know that I no longer wanted to do business.

Bottom line is, nobody normally owes two utility companies money at the same time for the same things.

Before listening to the tape, I can only assume myself that the only way the agent is blameless is if he never says that he will let EON know that I am cancelling with them. But I have yet to listen to the audio.

Anyway, verbal contracts are surely dodgy. Anybody can sound like anybody.

Joyful

You now need to get any money you have paid to Eon returned and then pay Scottish Power as they have proved on recording that you agreed to a sale. You will not be expected to pay 2 suppliers for the same time period.

Cardew

SP would have contacted E-on and told them you were switching. If nothing else to give E-on the opportunity to block the transfer if you were well in debt.

The important issue is to check that the closing meter reading(s) for E-on are the same as the opening meter reading(s) for SP.

As you say you cannot be charged for the same energy by two different suppliers. However it is perfectly possible that you had an outstanding closing balance with E-on that needs to be paid. Are you sure this isn't the case?

Re verbal contracts, it is the Government's aim to make switching as easy as possible. Would it be better if we had formal solicitor's written contracts, witnessed by a JP?

'Verbal contracts are not worth the paper they are written on' said someone more famous than thee or me. For energy you get a cooling off period so what is the point in someone else imitating your voice.

speedy2056

Thanks for the replies!

No, I pay my bills by direct debit every month and would not have had an oustanding balance that high. I would expect a final bill but I never received that. EON told me that they tried to take money out each month while SP were billing me for those four months but they could not as the direct debits must have been closed off, and they thought that I was still with them. That explains why I owed them the £185.51 by October.

I really do not understand what has happened here and it's quite a pickle.

You have a good point, Cardew, about the cooling off period regarding verbal contracts.

Oh, and thanks for the tip about the meter readings. I'll do that.