Backbilling code

LJIA

Hi,


In January 2009 we transferred our gas and electricity supplier to NPower via Which's switching service and the initial letter from NPower confirmed both gas and electricity in the energy contract and indicated that if we were happy with the contract we didn't need to do anything and they would do the rest. It has used the umbrella term 'energy contract' in subsequent general correspondence. I'm afraid checking our bills just hasn't been a priority and we were happy just to let the direct debit go out each month, which it has done at around maybe £80 a month. Although we never got round to actually installing it we requested a free smartpower electricity monitor from NPower which they provided.


So, we are in the process of selling our property and when reviewing our NPower bills it appears to only refer to gas (although the general 'energy contract' at other times) and it is not clear that they have been billing us for electricity - in fact, it looks like they haven't been since the contract started.


So we are obviously going to make an enquiry of NPower but wanted to know the legal position ahead of that. We've read a tiny bit about the backbilling code on Ofgem's website and the limitation to a year. We would regard it as entirely their fault if they have not billed us for electricity given their indication at the outset that they would be doing so as we had requested when switching, and have certainly not set out to fall into the 'fraud exception' to the year limitation. We don't want to have enjoyed an unfair advantage compared to other people but equally it seems really unfair that having told us to "relax" (the actual wording in the letter) and that we "don't need to do anything" further in the contract start letter NPower might now seek six years of electricity we'd assumed we were paying from us in one go. However does anyone have any thoughts on that or any idea as to the extent of our potential liability for what might be (we're still not certain) up to six years of unbilled electricity usage? Are there any well-known precedents?


Thank you in advance


Laura

naedanger

LJIA wrote: »

Hi,


In January 2009 we transferred our gas and electricity supplier to NPower via Which's switching service and the initial letter from NPower confirmed both gas and electricity in the energy contract and indicated that if we were happy with the contract we didn't need to do anything and they would do the rest. It has used the umbrella term 'energy contract' in subsequent general correspondence. I'm afraid checking our bills just hasn't been a priority and we were happy just to let the direct debit go out each month, which it has done at around maybe £80 a month. Although we never got round to actually installing it we requested a free smartpower electricity monitor from NPower which they provided.


So, we are in the process of selling our property and when reviewing our NPower bills it appears to only refer to gas (although the general 'energy contract' at other times) and it is not clear that they have been billing us for electricity - in fact, it looks like they haven't been since the contract started.


So we are obviously going to make an enquiry of NPower but wanted to know the legal position ahead of that. We've read a tiny bit about the backbilling code on Ofgem's website and the limitation to a year. We would regard it as entirely their fault if they have not billed us for electricity given their indication at the outset that they would be doing so as we had requested when switching, and have certainly not set out to fall into the 'fraud exception' to the year limitation. We don't want to have enjoyed an unfair advantage compared to other people but equally it seems really unfair that having told us to "relax" (the actual wording in the letter) and that we "don't need to do anything" further in the contract start letter NPower might now seek six years of electricity we'd assumed we were paying from us in one go. However does anyone have any thoughts on that or any idea as to the extent of our potential liability for what might be (we're still not certain) up to six years of unbilled electricity usage? Are there any well-known precedents?


Thank you in advance


Laura

The back billing code is here:

http://www.energy-uk.org.uk/files/docs/Industry%20codes/Code%20of%20Practice%20for%20accurate%20bills/code_of_practice_for_accurate_bills_-_back_billing_for_domestic_customers.pdf

It is definitely worth reading for the sums of money that will be involved. You may have a good argument for only paying for the last 12 months of electricity usage but I have not read the code in detail.

On this forum some people nearly always believe the customer is to blame regardless of the evidence. If this happens I suggest you don't bother trying to convince them of the facts of your situation.

energyworker

Have you provided readings for npower to bill you on? Is there absolutely no reference to billed electricity on your bills?

If the answer to both of these questions is yes then it sounds like you would probably have a case.

naedanger

energyworker wrote: »

Have you provided readings for npower to bill you on? Is there absolutely no reference to billed electricity on your bills?

If the answer to both of these questions is yes then it sounds like you would probably have a case.

And even if you can't answer yes to both questions you may still have a case. If your contract obliges you to supply readings, and you did not do so, then your case will however be weaker.