Can Spark Energy demand further payment 21 months after the account was closed?

whitebloodcell

From October 2012 to May 2013 in my former, former (I was a student and had to move every year) flat I was with Spark Energy for both gas and electricity paying by direct debit. After leaving the flat, closing the account and paying the final bill, the amount of which there was initially a lot of confusion over. At first it appeared I was due a large refund, however for reasons I don't fully remember, but after a lot of discussion with them seemed correct, this changed to a charge. I recall there were errors in how I had been billed in the system that took a long time to figure out. They continued to take direct debit payments after this however. When I noticed this and informed them, they claimed it was done in error and that I should contact my bank to have it reversed as an indemnity (not sure how to use this word?), which I did. The payments totaled £262.74. Now, 21 months later, they have suddenly emailed demanding a final bill payment of £301.61. I called up, and the agent agreed this was bizarre and would need to be investigated, and promised to call back. Of course, they did not call back, so 10 days later I receive a demand from the debt collectors. I called up Spark again, and am now told that they 'forgot' to bill me for electricity the entire time I was in the flat, hence the new bill. I gave readings and spoke to them multiple times throughout the time I was there, and my account was thoroughly investigated at the original time, so I find it hard to believe that no-one would have noticed this at some point. Moreover, the final bill I paid at the time was definitely justified to me on the grounds of both. I of course don't have any of the original bills anymore to check.

Can Spark do this? Is there no limit on how long after they can harass you for payment? Particularly if I believe this is due to their continuing incompetence and blind belief in a computer system that has repeatedly been proven wrong? The account was closed and a final bill paid. It was discussed extensively and we both had considered the matter closed.

Bluebirdman_of_Alcathays

whitebloodcell wrote: »

Can Spark do this? Is there no limit on how long after they can harass you for payment? Particularly if I believe this is due to their continuing incompetence and blind belief in a computer system that has repeatedly been proven wrong? The account was closed and a final bill paid. It was discussed extensively and we both had considered the matter closed.

There is a limit - 6 years (5 in Scotland).

Former Spark Representative

Hi whitebloodcell


I'm really sorry to hear about this.


If you write to the email address in my profile I'd be happy to look into this for you.


Hope to hear from you soon.


Kind regards


Jenny
Customer Relations Manager

whitebloodcell wrote: »

From October 2012 to May 2013 in my former, former (I was a student and had to move every year) flat I was with Spark Energy for both gas and electricity paying by direct debit. After leaving the flat, closing the account and paying the final bill, the amount of which there was initially a lot of confusion over. At first it appeared I was due a large refund, however for reasons I don't fully remember, but after a lot of discussion with them seemed correct, this changed to a charge. I recall there were errors in how I had been billed in the system that took a long time to figure out. They continued to take direct debit payments after this however. When I noticed this and informed them, they claimed it was done in error and that I should contact my bank to have it reversed as an indemnity (not sure how to use this word?), which I did. The payments totaled £262.74. Now, 21 months later, they have suddenly emailed demanding a final bill payment of £301.61. I called up, and the agent agreed this was bizarre and would need to be investigated, and promised to call back. Of course, they did not call back, so 10 days later I receive a demand from the debt collectors. I called up Spark again, and am now told that they 'forgot' to bill me for electricity the entire time I was in the flat, hence the new bill. I gave readings and spoke to them multiple times throughout the time I was there, and my account was thoroughly investigated at the original time, so I find it hard to believe that no-one would have noticed this at some point. Moreover, the final bill I paid at the time was definitely justified to me on the grounds of both. I of course don't have any of the original bills anymore to check.

Can Spark do this? Is there no limit on how long after they can harass you for payment? Particularly if I believe this is due to their continuing incompetence and blind belief in a computer system that has repeatedly been proven wrong? The account was closed and a final bill paid. It was discussed extensively and we both had considered the matter closed.

Rizzywigg

Hi @Whitebloodcell,

Can you let me know how/if this was resolved?

I am currently exactly the same situation and am having to deal with a debt collection agency.

Thanks!

Former Spark Representative

Hi Rizzywigg


I'd really like to help you out with this - I can sort out the debt collection agency contact too.


If you want my help just drop me a line to the email address in my profile. I'm here until 5pm today.


Hope to hear from you.


Kind regards

Jenny
Customer Relations Manager

Rizzywigg wrote: »

Hi @Whitebloodcell,

Can you let me know how/if this was resolved?

I am currently exactly the same situation and am having to deal with a debt collection agency.

Thanks!

Rizzywigg

Thank you Jenny,

I have emailed you.

I will look to post how this is resolved back to MSE so that any other customers understand the process.

Many Thanks

Former Spark Representative

Hi Rizzywigg


I just want to confirm that I've got your email - I'll be in touch before the end of the day.


Thanks for getting in touch


Jenny

Rizzywigg wrote: »

Thank you Jenny,

I have emailed you.

I will look to post how this is resolved back to MSE so that any other customers understand the process.

Many Thanks

whitebloodcell

I spoke to Spark independently and they dropped the charges, agreeing that it was their error and should have been caught long ago.

macman

6 years, subject to the provisions of the back-billing code (if applicable here).
If they owed you money though, would you accept their claim that they did not have to pay you because of the time that has elapsed?
Why did you not cancel the DD after you received what you believed to be the final bill? Only you can do that, not the supplier.
The real issue you have to resolve is whether the revised billing is correct or not.

footyguy

macman wrote: »

...Why did you not cancel the DD after you received what you believed to be the final bill? Only you can do that, not the supplier....

If the supplier uses the Direct Debit system correctly, they can (should?) effectively cancel the DD

They use a transaction code saying it is their final collection.

A supplier can also reinstate a DD (cancelled by a payer with their bank) if they feel it is reasonable and necessary (but time limits do apply; I think it's 3 months)

macman

Why would you ever rely on a payee to close a DD? All a payee can do is cease drawing in it. If the bank reopen a DD that the account holder has cancelled, then the bank can be required to make immediate repayment under the DD Guarantee, and rightly so.
People need to take responsibility for their own payments: it's perhaps a minute's work to cancel a DD online.