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Energy Company threats

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Hi,

I'm looking for some simple advice.

I lodged a complain with my then Energy supplier about a year ago - this complaint was never resolved -
I sent numerous emails, I even called citezens advice regarding this - who said to wait and then complain to the Ombudsman. By now I was at the end of my teather.
I also called numerous times - to which a got a flat out denial of any emails being sent from me - then in the same call one when I was passed to a supervisor he said the are lodged in the complaints debt but they are backed up which is why its taking so long.

Long story short I switched supplier and have since received my final payment.
I emailed them to say I will be happy to clear my account once my outstanding complaint has been resolved, again my email was ignored and followed up by one of there own demanding payment or they would refer me to a debt collecting agency.

Question is - do I have the right to withhold payment until my complaint is resolved? Or do I not have a leg to stand on and hence should just pay and be done with it?

Thanks

Tim
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Comments

  • lincroft1710
    lincroft1710 Posts: 18,937 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    What was the nature of the complaint?

    A debt collection agency has no power to take money or goods from you. A county court judgement is a different matter and a certificated bailiff does have some powers when a CCJ has been granted.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    The safest position is to "pay under duress", making it clear (in writing - a real letter, not email) you'll seek to reclaim (via court if necessary) any monies you are subsequently due.

    As we're not party to the nature of your complaint then it's not possible to provide more-detailed advice.
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What is your complaint about?

    You can't withhold payment because of an outstanding complaint, unless the complaint is that they owe you money. If they owe you money, the best way to get it is by a formal 'letter before action' to their registered office saying you will initiate a county court claim against them unless the amount owed is paid within 14 days.

    You also need to consider that some of the energy companies share information with the credit rating agencies, so if you don't pay that might go on your credit record.
  • Sorry,

    My complaint was in respect to there lack of communication and duty of care to the customer.

    Basically my 1st bill took a year to be produced instead of the 6 months it was supposed to be.

    Because of this my account went into debt as my direct debits didn't reflect my usage.
    The bill was also incorrect - with actual read readings being recording incorrectly.

    This is a relatively new company and and such I couldn't even provide meter readings.
    Their website was terrible as was their customer service - I eventually spoke to one gentleman that told me I complain because they have a duty of care to provide a bill within 6 months if its over a year then I am entitled to some compensation.

    So complain I did - with several emails, a recorded letter and phone calls - nothing was ever done about it.

    I have a couple of emails from them laughably - noting I had complained and was my complaint resolved???

    I replied to two of these emails yet nothing.

    Hope this sheds some light on my frustration and my eagerness not to pay until my complaint has been resolved.

    Thanks

    Tim
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    So if they reply "yes, sorry we got it wrong" in answer to your complaint, would that be enough to get you to pay the bill?

    As said above, you might be unwise to withhold your payment for a bill that you owe.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    so your complaint is that you didn't pay enough on your DD, not much of a complaint as you would have had to make up the difference anyway.


    By not paying your bill you are doing yourself more harm than good, if you owe the money then you owe the money.


    Your complaint is irrelevant to them, you say this and they see it a different way. Take it to Ofgem and stop wasting your time, if your complaints credible they will help you better than the company.
  • SwanJon
    SwanJon Posts: 2,340 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    bris wrote: »
    Take it to Ofgem and stop wasting your time, if your complaints credible they will help you better than the company.

    Ofgem don't deal with individual customers complaints.

    Timeliegh - Did you complain to the Ombudsman?
    https://www.ombudsman-services.org/energy.html
  • takman
    takman Posts: 3,876 Forumite
    1,000 Posts Combo Breaker
    Timeliegh wrote: »
    Sorry,

    My complaint was in respect to there lack of communication and duty of care to the customer.

    Basically my 1st bill took a year to be produced instead of the 6 months it was supposed to be.

    Because of this my account went into debt as my direct debits didn't reflect my usage.
    The bill was also incorrect - with actual read readings being recording incorrectly.

    This is a relatively new company and and such I couldn't even provide meter readings.
    Their website was terrible as was their customer service - I eventually spoke to one gentleman that told me I complain because they have a duty of care to provide a bill within 6 months if its over a year then I am entitled to some compensation.

    So complain I did - with several emails, a recorded letter and phone calls - nothing was ever done about it.

    I have a couple of emails from them laughably - noting I had complained and was my complaint resolved???

    I replied to two of these emails yet nothing.

    Hope this sheds some light on my frustration and my eagerness not to pay until my complaint has been resolved.

    Thanks

    Tim

    Although it was annoying not getting a bill I much prefer to pay too little for my energy direct debits because it's better for the money to be in my bank earning interest than in theirs!. So I don't think you have a valid reason to withhold the money and it's probably best to just pay up and let the issue go.

    Plus I don't see why you deserve any compensation because you have actually gained by their mistake by keeping your money for longer!
  • boo_star
    boo_star Posts: 3,202 Forumite
    Part of the Furniture 1,000 Posts
    Even if they took a year to generate a bill and undercharged you, putting you on the back foot a little, you've now had a year to get the money together. And you've always had access to your meter, which would have shown the discrepancy between their estimate and your actual usage.

    IMO you should pay up and then raise a complaint. You used the energy, you should pay for it, their administrative problems are a seperate issue.
  • I don't think bad customer service is a valid reason to refuse to pay your bill. It doesn't sound like you have suffered any quantifiable financial loss.

    If you haven't already complained to the Ombudsman you should do that.
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