Npower - Accept ombudsman decision or take furtther?

babazub

This would take me a year to type up. So I'll type up a brief synopsis.
Major billing issues with Npower (no surprise)
Logged a complaint Jan 2015, they didn't take it on board till May.
Ended up with the Ombudsman.
After 5 months with them, they have made a decision. Feels like they are just another dep't of Npower.
I sent reams and reams of evidence and queries. Npower sent almost nothing. Ombudsman have not been able to answer or get to the bottom of any queries
At the proposal stage it felt like I may get back between £700 - £1000. I complied with everything they asked of me. Sent more supporting evidence. Npower did very little, kept dragging their heels.
Ombudsman had a change in heart. The amount I am likely to get now is between £250 - 350. So a third of what they initially had told me.

1. Should I accept or reject?
2. If I accept. can I take it to another body, or take action against Npower?
3. If I do that. would accepting the Ombudsman's decision, go against me?
4. How much do Which charge to represent someone or take on a case?
5. Do MSE have a dep't that helps? If yes, how much do they charge?
6. I heard Moneywise help consumers. Anyone know if they are any good?

Thanking you all in advance for any advice or guidance.

Cardew

You can go to the Small Claims court if you have firm grounds for your claim.


However the small claims court effectively make it imperative that you go to some form of arbitration first. As you have done this with the Ombudsman, and they haven't supported your case, you frankly are wasting your time.


That said, the Energy firms hate the publicity and just may decide to up their offer rather than see the case in court - long shot though!

backfoot

I am not sure anyone can give you proper definitive advice given the complex issues you have alluded to.

Many customers of NPower suffered billing problems and Ofgem fined them £26million and agreed that certain customers would receive compensation related to the delays in billing and the back billing rules.

Your case may or may not be covered by that ruling?

Generally, if it was me I would be weighing up the final Ombudsman Award with what you know to be true value of your claim.If there is a big difference then I would be considering Court Action rather than accepting a lower Award.

There are things to consider though. If your evaluation of your claim includes the backbilling rules I don't think a Court would allow you any aspect of that as it is not a true loss.

There is a risk that the case is so complex that a Court will struggle, like the Ombudsman, to get to the correct amount. In that connection you haven't explained why the Ombudsman has apparently reevaluated the claim down to a third of their? original estimate?

I think if you accept the Ombudsman ruling you are effectively agreeing to a full and final settlement of your claim.

I don't know how the other third parties would charge for or conduct your claim.

I have tried to give some comments based on the information you have provided. I hope it helps a little or others can offer advice to assist.

Cardew

That is an excellent point made above about any claim based on the interpretation of the 'back-billing' code.


Without the back-billing code being involved, it is difficult for me to envisage a situation where 'At the proposal stage it felt like I may get back between £700 - £1000' .


Another scenario would involve you being on a high cost(Standard) tariff for years when you thought you were on a low cost tariff.

babazub

I'm on E7, but the meter has been out for a while now.
They replaced it with a new one. Ombudsman said use a 2 week read from the install date and then using the % split for day/night re-bill using that split to as far back as possible.
Being winter the % is very much in favour of the cheaper night rate.
Silly sod at ombudsman realised that and decided to use a less favourable % at the eleventh hour.
This is where the deficit has come from

backfoot

babazub wrote: »

I'm on E7, but the meter has been out for a while now.
They replaced it with a new one. Ombudsman said use a 2 week read from the install date and then using the % split for day/night re-bill using that split to as far back as possible.
Being winter the % is very much in favour of the cheaper night rate.
Silly sod at ombudsman realised that and decided to use a less favourable % at the eleventh hour.
This is where the deficit has come from

You have to decide if the new percentage split reflects your typical usage. You may have previous evidence prior to the problems occurring or maybe there are some typical profiles on the internet for different usage (low, medium, high).

If the problem has persisted over a long period of time, then it would seem correct to use annual percentages rather than a seasonal snapshot.

What you could push for from the Ombudsman is a compensation payment in addition to the fair evaluation of the over payment. In the circumstances something around £100 would seem appropriate to me.

System

Getting back to the original post.

Let's assume that NPower's billing systems were absolutely spot on; then the OP would be 'feeling that he would be looking at getting back £ZERO'. There is an adjudicated offer on the table of between £250 and £350 but the OP feels it should be higher. This decision can be appealed via The Energy Ombudsman process, and any Court would have expected this route to have been followed.

I think that a reality check is needed here. The 'Back Billing Code' - as far as I am aware - is not enforceable in law. It is voluntary code overseen by Ofgem. It follows that to take this matter to law, the OP would most likely have to prove that he has suffered a material loss as the result of the actions of his supplier and the decision of The Energy Ombudsman. Personally, I would take the money on the table rather than risk losing a case and having costs awarded against me.

backfoot

We are working a bit in the dark here as the OP is drip feeding the facts of the case.

The impression they now give is that a meter fault has caused an overbilling and the difficulty is first assessing that amount. Secondly the units overbilled is complicated by the tariff being Economy 7 and assessing the mix of day/night units.

Such a situation could give rise to a backbilling correction but much would depend on the actions taken by the OP and also whether the Supplier should have known or discovered the error. That detail is missing including how the error was finally spotted.

It does look like the Ombudsman has been asked to adjudicate and the correction isn't involving backbilling guidelines with the main remaining argument being about the mix of day/night units.

Once that percentage mix has been agreed by all parties then it should be a simple calculation to arrive at a precise amount. I can't understand how the amount can be between £250 and £350 as it should be a specific amount. My feeling is that the £700 to £1,000 initially mentioned is a red herring unless there is some more information to be revealed.

The OP has to assess if the final proposal has been calculated fairly and either accept or reject it. If they choose court action they will have to show a superior calculation based on supporting evidence.

boneofo

From experience with in county court claims, even though npower admitted owing money and lied in court, it was not possible to get the judge to pass judgement on a case 2 years ago.
The judge also refused to enforce an Ombudsman’s final decision (there appears to be no statutory instrument to backup their final decisions) which a constituent of the owed money was. Litigants in person have to conduct cases with their hands tied behind their backs as your more likely to stumble due to court procedures - CPR than any laws or contractual terms.

The narrative from the recent Ofgem fine against npower showed this was a commercial decision as it was doing it to half a million customers.
I'd say first thing to do is put in a SAR to the Ombudsman delivered via the portal and see what evidence you have to give a better idea of what hand npower will play.
Ask [EMAIL="Kenneth.Radleydavies@rwenpower.com"]Kenneth.Radleydavies@rwenpower.com[/EMAIL] if he is prepared to pay up what you want out of court.

backfoot

I don't understand a lot of this post and don't think the Original Poster will either.

boneofo wrote: »

From experience with in county court claims, even though npower admitted owing money and lied in court, it was not possible to get the judge to pass judgement on a case 2 years ago.

Don't you have six years to submit a claim?

The judge also refused to enforce an Ombudsman’s final decision (there appears to be no statutory instrument to backup their final decisions) which a constituent of the owed money was.

If you have gone to Court, haven't you rejected the Ombudsman's Ruling? The Court isn't there to reinstate it?

Litigants in person have to conduct cases with their hands tied behind their backs as your more likely to stumble due to court procedures - CPR than any laws or contractual terms.

Obviously Court procedures and protocols have to be followed but if you read up and are prepared to go to Court you are not at a disadvantage.I didn't find it daunting.

The narrative from the recent Ofgem fine against npower showed this was a commercial decision as it was doing it to half a million customers.
I'd say first thing to do is put in a SAR to the Ombudsman delivered via the portal and see what evidence you have to give a better idea of what hand npower will play.

What does SAR mean? It isn't clear from the OP if he is affected or not by the recent Ofgem findings or the remedies proposed.It looks like a meter change billing error rather than a failure to bill.

Ask [EMAIL="Kenneth.Radleydavies@rwenpower.com"]Kenneth.Radleydavies@rwenpower.com[/EMAIL] if he is prepared to pay up what you want out of court.

Who is this person?

System

SAR - Subject Access Request.