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Erroneous Transfer not being actioned

Hi all,

I'm looking for some help with Erroneous Transfer Issues I'm having with my Energy Supplier.

I had been with supplier A for 6 months when out of the blue I had a letter sent to my address (but in someone else's name) from Supplier B. I contacted my provider, Supplier A, and they told me my account had been transferred to Supplier B (Though due to the letters I've received, it is not in my name - so not fraud)

Long story short, my provider, Supplier A, have attempted to get my supply returned but today have told me in writing

"We have contacted (supplier B) several times to request they return the supplies to us, however they will not agree to this and have not responded to any of our requests. Unfortunately we are unable to take any further action and you will need to pay Supplier B as you normally would."

I spoke to supplier A on the phone and they seem to be adamant that they can not do anything more.

Supplier B do not have any of my personal details bar my name. They do not even have the supply in my name.

Is there anything more my Supplier should have done or should do to get the supply back? I was under the impression with the Erroneous Transfer Charter this should have been an easy fix...

Any helps on my next course of action is very welcome and appreciated.

Thanks!

Comments

  • footyguy
    footyguy Posts: 4,157 Forumite
    1,000 Posts Combo Breaker
    edited 15 November 2017 at 7:14PM
    Jambone wrote: »
    Hi all,

    I'm looking for some help with Erroneous Transfer Issues I'm having with my Energy Supplier.

    I had been with supplier A for 6 months when out of the blue I had a letter sent to my address (but in someone else's name) from Supplier B. I contacted my provider, Supplier A, and they told me my account had been transferred to Supplier B (Though due to the letters I've received, it is not in my name - so not fraud)

    Long story short, my provider, Supplier A, have attempted to get my supply returned but today have told me in writing

    "We have contacted (supplier B) several times to request they return the supplies to us, however they will not agree to this and have not responded to any of our requests. Unfortunately we are unable to take any further action and you will need to pay Supplier B as you normally would."

    I spoke to supplier A on the phone and they seem to be adamant that they can not do anything more.

    Supplier B do not have any of my personal details bar my name. They do not even have the supply in my name.

    Is there anything more my Supplier should have done or should do to get the supply back? I was under the impression with the Erroneous Transfer Charter this should have been an easy fix...

    Any helps on my next course of action is very welcome and appreciated.

    Thanks!

    Whilst you could have contacted either supplier to invoke the Erroneous Transfer Customer Charter, you chose the right supplier (imho) to complain to, supplier A (the losing supplier as a result of the erroneous transfer)

    Either way, it is the supplier you complained to who is responsible for returning the supply to you under the Erroneous Transfer Customer Charter

    Whilst there are some exceptional reasons as to why such a request may not be actioned (e.g. the new supplier can prove the transfer was not erroneous), a lack of response by the new supplier to the complaint by the old supplier is not one of the permitted reasons.

    I would suggest you follow supplier A's complaint procedure, and if the matter is not suitably resolved after 8 weeks, then ask the Energy Ombudsman to assist you.

    (Alternatively, as the account is no longer in your name, it's not your responsibility to pay. Enjoy the free energy whilst it lasts :rotfl:
    Of course, I suspect whoever the account is now in the name of probably won't pay for your energy, so don't expect the free energy to last too long)
  • I'm guessing the persons whose name it's in thinks they are getting free energy too since I've been receiving their bills! :rotfl:

    It's already been about 5 months since they found out about the ET. They then didnt action it for a few months by accident. Gave me £25 to say sorry and said they would get on it right away - Now this hassle, arggg :mad:... Complaints precedure it is then. So no resolution until at least January :(
  • footyguy
    footyguy Posts: 4,157 Forumite
    1,000 Posts Combo Breaker
    Jambone wrote: »
    I'm guessing the persons whose name it's in thinks they are getting free energy too since I've been receiving their bills! :rotfl:
    No. The legal position is quite clear. The person whose name is on the bill is liable for the cost of eny energy used as recorded by the meter.
    Jambone wrote: »
    It's already been about 5 months since they found out about the ET. They then didnt action it for a few months by accident. Gave me £25 to say sorry and said they would get on it right away - Now this hassle, arggg :mad:... Complaints precedure it is then. So no resolution until at least January :(
    Why do you assume no resolution until at least January ?
    I feel sure as soon as you raise an official complaint, the supplier will be onto it in an attempt to resolve the matter. I see no reason for them to wait for the OS to charge them £500 and tell them to get on with it, and I feel sure the supplier won't want to follow that route either.

    Yes, unfortunately the resolution of ET's do take time, but in the meantime you should not be billed by the new supplier and you may not be billed by the old supplier, nor even have to pay their normal monthly DD.
    You will ultimately have to pay the old supplier for the energy you consume according to the their tariff. No more, no less, you will not be required to pay anyone else.

    If you have already raised the complaint with the supplier 5 months ago, then you could have asked the OS to assist you 3 months ago. Better late than never. You should have also been advised by your supplier of the right to do so at the appropriate time. If you were not advised, add that to the complaint to raise with the OS.

    Good luck!
  • spiro
    spiro Posts: 6,405 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If this refers to elec and supplier A if they have followed the MRA Agreed Procedure for ETs which you can find here - https://www.mrasco.com/mra-products/mra-agreed-procedures
    If they claim they have ask them what reason was given in the D301 flow rejecting the ET by the supplier B.
    IT Consultant in the utilities industry specialising in the retail electricity market.

    4 Credit Card and 1 Loan PPI claims settled for £26k, 1 rejected (Opus).
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