Back billing code question

davebruno

Hi all,

I'll try to be brief but a lot happened.

Roughly - I moved in a flat, waited 3/4 months, no bill, phoned energy company (BG) told its E.on. Rung E.on, told there is not them/no account, can I get the serial number?, told them I dont know where it is (months later turned out its behind block of flats and locked gate), they said they'd escalate it. Chased them, nothing on system etc etc. Gave up (admittedly too easily but 40 min call wait times help you make bad choices), 4 years later 4k bill. Spoke to CAB, I'm told backbilling should apply and to only pay 12 months. Complained to E.on, they say there is no notes on account saying we rung (they admit account creation date is 2016, we moved in 2013). They deadlock saying we cant prove we tried to set up (I used work phone 4 years prior so obviously I don't have records of it). Anyway ombudsman pretty much copy and pastes E.on's response and puts their seal of approval on it. I didn't appeal as got the feeling its a kangaroo court and couldn't be arsed so started paying them.

Now I have some issues where the data they've been reporting has negatively affected my credit rating. I have tried complaining they say its related to the old complaint and wont help. Anyway I went onto OffGem and read the regs here:
https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/who-contact-if-its-difficult-paying-energy-bills/energy-backbilling-your-rights

"Put simply, a supplier can’t seek additional payment for unbilled energy used more than 12 months prior to the error being detected and a corrected bill being issued."

I was never billed by E.on, no bill was ever sent, not in my name or anyone else's. It mentions nothing about having to prove I chased it up on the OfGem website, surely the ombudsman is only applying the code as stated on the OfGem site?

Anyway do I have any recourse is my main question?

Thanks,

Dave

Cardew

Given Eon's stance and the Ombudsman's decision, I suspect it is too late even if you had a case.


The link in Ofgem's guide that you posted states:

The protection may not apply if you have behaved obstructively or unreasonably which prevents your supplier from accurately billing you.

The Code of Practice for back-billing by Energy UK was more specific at the time in question - the rules changed in May 2018:


https://www.energy-uk.org.uk/customers/energy-industry-codes/code-of-practice-for-accurate-bills.html


Prior to May 2018 it was very clear that you had to be proactive in getting an account. Given your actions as detailed in your opening paragraph - a couple of phone calls with no follow up - you clearly did not fit the criteria for the back-billing code to apply. Even if you could prove you phoned, it would not be 'reasonable' to wait 4 years without further action on your part e.g. writing a recorded delivery letter, even an acknowledged email.



So IMO you have no recourse.

davebruno

Cardew wrote: »

Given Eon's stance and the Ombudsman's decision, I suspect it is too late even if you had a case.


The link in Ofgem's guide that you posted states:




The Code of Practice for back-billing by Energy UK was more specific at the time in question - the rules changed in May 2018:


https://www.energy-uk.org.uk/customers/energy-industry-codes/code-of-practice-for-accurate-bills.html


Prior to May 2018 it was very clear that you had to be proactive in getting an account. Given your actions as detailed in your opening paragraph - a couple of phone calls with no follow up - you clearly did not fit the criteria for the back-billing code to apply. Even if you could prove you phoned, it would not be 'reasonable' to wait 4 years without further action on your part e.g. writing a recorded delivery letter, even an acknowledged email.



So IMO you have no recourse.

Thank you this is pretty detailed response and I appreciate it.

So the regs changed in the mean time, if I was able to appeal anything (admittedly I doubt I'd be able to now) would it be the old or new regs used?

I appreciate you think i would have no recourse, if you where in my shoes what do you think might be worth trying to make certain before totally giving up?

Thanks again for your help, its unfortunate timing with the regs for myself and I'm just trying to be level headed, E.on were really quite frustrating and difficult to deal with.

Dave

Cardew

davebruno wrote: »

I appreciate you think i would have no recourse, if you where in my shoes what do you think might be worth trying to make certain before totally giving up?

Frankly I don't think there is anything 'worth trying'.



I suspect that even under the new legislation it would be construed that your conduct is covered by this:

The protection may not apply if you have behaved obstructively or unreasonably which prevents your supplier from accurately billing you.

You could go to the Small Claims Court, but what would be the basis of your claim?

Former_E.ON_Company_Representative:_Malc

davebruno wrote: »

Hi all,

I'll try to be brief but a lot happened.

Roughly - I moved in a flat, waited 3/4 months, no bill, phoned energy company (BG) told its E.on. Rung E.on, told there is not them/no account, can I get the serial number?, told them I dont know where it is (months later turned out its behind block of flats and locked gate), they said they'd escalate it. Chased them, nothing on system etc etc. Gave up (admittedly too easily but 40 min call wait times help you make bad choices), 4 years later 4k bill. Spoke to CAB, I'm told backbilling should apply and to only pay 12 months. Complained to E.on, they say there is no notes on account saying we rung (they admit account creation date is 2016, we moved in 2013). They deadlock saying we cant prove we tried to set up (I used work phone 4 years prior so obviously I don't have records of it). Anyway ombudsman pretty much copy and pastes E.on's response and puts their seal of approval on it. I didn't appeal as got the feeling its a kangaroo court and couldn't be arsed so started paying them.

Now I have some issues where the data they've been reporting has negatively affected my credit rating. I have tried complaining they say its related to the old complaint and wont help. Anyway I went onto OffGem and read the regs here:
https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/who-contact-if-its-difficult-paying-energy-bills/energy-backbilling-your-rights

"Put simply, a supplier can’t seek additional payment for unbilled energy used more than 12 months prior to the error being detected and a corrected bill being issued."

I was never billed by E.on, no bill was ever sent, not in my name or anyone else's. It mentions nothing about having to prove I chased it up on the OfGem website, surely the ombudsman is only applying the code as stated on the OfGem site?

Anyway do I have any recourse is my main question?

Thanks,

Dave

davebruno wrote: »

Thank you this is pretty detailed response and I appreciate it.

So the regs changed in the mean time, if I was able to appeal anything (admittedly I doubt I'd be able to now) would it be the old or new regs used?

I appreciate you think i would have no recourse, if you where in my shoes what do you think might be worth trying to make certain before totally giving up?

Thanks again for your help, its unfortunate timing with the regs for myself and I'm just trying to be level headed, E.on were really quite frustrating and difficult to deal with.

Dave

Hello Dave.

We apply the Billing Code very much as Cardew describes. It applies in certain circumstances where we've failed to bill accurately or it's our fault we haven't billed at all. Where we're at fault, we cannot charge for any unbilled energy used more than 12 months from the point the problem was fixed.

Examples of where it wouldn't apply include where energy has been used and the customer hasn't contacted us to set up an account and arrange payment; has wilfully avoided payment; or hasn't co-operated with attempts to take meter readings or resolve any queries we might have.

Before coming to a decision, we go through our systems and check all footprints left when customers contact us about their accounts.

You might already have done this but, if not, talk to us about spreading the balance over a manageable period. We'll be happy to look at setting up a payment plan to help.

Hope this explains our approach to the Billing Code Dave.

Malc