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backbilling - unusual issue

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stan5001
stan5001 Posts: 91 Forumite
edited 19 October 2016 at 10:51AM in Energy
Hope someone can help. I left Co-Op energy in December 2014 and went to Eon. Since this was almost two years ago I have no records apart from a sketchy memory.


Co-Op took a DD payment in January and April 2015. I remember contacting them then and asking them for a final bill to show what the payments were for. I heard nothing back and cancelled the DD hoping that would prompt them to do something.


Fast forward to September 2016 and I receive a reminder, asking me to pay my recent bill from co-op energy. I phoned them and they said one should have been sent in August 2016, but hadn't been issued.


They reissued it, and it has a date of August 2015. I got in touch, and they are adamant that they issued it in August 2015, so I don't qualify under the back-billing code.


The trouble is that it's over a year ago, so in theory it is possible I received it and forgot about it. I have searched my paperwork and can't find it, which means I'm 100% sure I didn't receive it. But, I can't prove that.


In any case, they made no attempt to remind me about it for over a year.


I'm aware that debts can be chased for up to six years. But surely this case qualifies under the back billing code? Shouldn't the onus be on them to prove they sent it?

Comments

  • D_M_E
    D_M_E Posts: 3,008 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    You left them in Dec 2014, they then took 2 further DD payments the following year and are now trying to extort money for a bill which they said or claim to have sent for August 2015?

    You should write them a letter headed COMPLAINT asking them firstly to justify their bill and secondly why did they take the extra DD payments after you had left and what happened to the money, and thirdly why did they take well over a year to generate their "final" bill.
  • stan5001
    stan5001 Posts: 91 Forumite
    edited 19 October 2016 at 4:01PM
    Thanks, I've just started the complaints process. If need be I'll take it to the Ombudsman too.


    I'm a bit thrown with the concept of the bill dated August 2015. As it was deemed to have been issued then, but not received.


    But then the reminder letter dated September 2016 states "your recent bill" Which it clearly isn't. And their website does state that customers have 14 days to pay. And they're saying I've had over a year.
  • Cardew
    Cardew Posts: 29,060 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Rampant Recycler
    stan5001 wrote: »

    I'm aware that debts can be chased for up to six years. But surely this case qualifies under the back billing code? Shouldn't the onus be on them to prove they sent it?

    Somewhere in the regulations it specifically states that a company only have to prove a bill was raised, not that a customer received the bill. If that were not the case we could all deny receiving any bill!

    All bills are raised by a computer and not someone with a quill pen, so they will be able to interrogate the computer and prove it was raised in August 2015, or admit it was August 2016.

    However IMO even if it wasn't sent until August 2016 it wouldn't qualify under the back-billing provision as you were not a customer of Co-Op after December 2014. You can see if your situation is covered under the back-billing provisions here:
    http://www.energy-uk.org.uk/customers/energy-industry-codes/code-of-practice-for-accurate-bills.html

    Provided the bill is accurate, i.e. the final meter readings on that bill correspond with the opening readings of your Eon account, IMO it is a case of an outstanding bill covered under the 6 year statute(to which you refer.)

    Be interesting what the Ombudsman states - I suspect you will get a £50 goodwill payment. Incidentally the Ombudsman will not normally consider a complaint until Co-Op have issued a 'Deadlock' letter.

    P.S I stress the above is simply my opinion.
  • We've had the exact same issue. In our case, I had an online account that they'd locked me out of. I notified them of the issue in May 2015, then followed up with a phone call after leaving as I wanted my final bill (June 15) but they only emailed the previous quarterly bill, and still no account access so I forgot all about it and didn hear anything until September this year. They are now adamant that a bill was generated and therefore I'm liable for it despite having never received it, in reality, i only received the bill in September this year after receiving a letter demanding payment from which I called them and received a pdf bill via email. I have reiterated to them that I had prompted them for a bill, and notified them that I could not access my account in order to obtain the supposedly timely issued bill, but they are currently maintaining that I am still liable and offered to setup a payment plan, which I have declined and refused to pay so they have escalated it on to a different department but stated that the outcome will be no different anyway?!!
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