Mistaken forced Spark Energy supply

AdamGr33n3n3rgy

I don’t know where to start, but this is becoming a very stressful situation.

I have put the details in very short form at the top here, but I have pasted a formal complaint I have written further down to Spark Energy. I have formally complained to Spark and their response doesn’t seem to acknowledge how they forced their supply on me without my consent and how I was mistakenly advised by them. I would be very grateful if someone can advise me on where the responsibility lies with these companies, and advise me on my rights and what the next steps might. I raised a formal complaint a few days ago and I think Spark Energy now see this as resolved.

IN SHORT:
• I have owned my own home for the past 10 years
• But rented it out for the past 3 years while I lived somewhere else, using Outlook Estate Agents in London
• Jan 18: I moved back in and chose Bulb Energy as an energy provider on quite a reasonable duel fuel deal
• Feb 18: Spark Energy think I am a tenant and block my deal with Bulb without my consent or awareness. I call my provider Bulb to tell them I want to stay with them
• Feb-July: I receive bills from Spark and thinking this is a clerical error I just keep them on file (Nb. I didn’t sign up to Spark and although they have an account number for me and have my name and address I have not even as of yet created an account online)
• July 18: I receive yet another Spark bill and call them to hear “This was an erroneous transfer and I would be moved back to Bulb”
• August 18: I receive another Spark bill (not a good deal and with added late payment fees) and am told the same about “erroneous transfer”)
• Then I eventually find out Spark think I am a tenant and blocked my account with Bulb because they had some sort of deal with Outlook Estate Agents
• Spark tell me I need to pay a bill of over £500 on an electric-only package I didn’t choose before I can move to my intended providers

NOTE:
• All this time I have been led to believe this was a clerical error and just kept hold of the bills from Spark
• Because of this I was led to believe Bulb was always my provider and I was paying them for this
• I only realised what was really going on last week when Bulb informed me I am overpaying them, and I go online to find out the electric supply was taken away from them (not gas though).
• In the mean time, bulb have kindly returned the £190 overpayment to me, and I have learnt the nature of the deal Spark have with estate agents.


THIS IS MY REPLY TO SPARK AFTER THEIR ADVISOR RESPONDS TO MY FORMAL COMPLAINT:

Dear Spark, I can confirm that I am the home owner. I have owned my home for the past 10 years. For the past 3 years I didn’t live in the property - I rented it out through the Outlook Estate Agency while I was living in Hatfield. That tenancy with Outlook ended at the end of December 2017 and I moved back in on the 1st of December, when I instructed Bulb to supply Gas and Electric as part of a dual fuel deal - £59.76 P/M. I continued paying this until I realised just the other day that Spark had forcibly taken over the electric supply from Bulb without my consent or awareness. I was in fact led to believe throughout the time between Feb-Aug 2018 that bills from Spark were the result of a clerical error (erroneous transfer). This is also the understanding Bulb had in February when they emailed me because they thought I was leaving them, and over the phone Bulb informed me that Spark would be informed of my intention to stay with them. This is also the understanding Spark's own customer services team had in July when over the phone they informed me it was an ‘erroneous transfer’ and I would be moved back to Bulb.

I didn’t worry too much at the time because as far as I was concerned I was still paying Bulb for the supply, and I thought the bills so far from Spark had been the result of an admin error.

It was on 18/08/18 in an email from Spark customer services team that I first heard the word ’Tenancy Agreement’, and it took a couple of emails for me to understand that Spark believed I was a rental tenant with Outlook. and that Spark had a deal/contract with Outlook to push Spark on its rental tenants. I cannot remember what I said on the phone in July with Spark in my astonishment about the bills coming through, but I would be surprised if I didn’t mention that I owned my own home and that I should be free to choose my own supplier. I do know that as soon as I was emailed in August about this ‘tenancy agreement’ I explained that I am a home owner and have never been a tenant with Outlook Estate Agency.

Bulb kindly informed me I was overpaying them and returned this (£196) to my bank account.

I am sure you can imagine my shock and stress finding out how Spark can take over my supply in this way. I am sure you can understand my instinct to sit on the bills when I clearly knew this was in error, and I am sure you can understand my shock in finding a bill for £539.95 with late payment fees added on a supply deal with Spark that I had no role in choosing.

I would be grateful if you could inform me whether you see this formal complaint now closed so I know how to proceed further. I will this evening be seeking advice through personal finance media to get further reassurance about my legal rights, and to help me understand where the responsibility lies for this mistake.

As evidence of my role as a landlord for the previous 3 years I have attached a contract where I am named as landlord. I also previously sent your customer services team a copy of my council tax and a ‘check out report’: a report done to assess any damage done by the old tenant before I moved back in to my own home. If you do want further evidence I have a trail of emails with Outlook leading up to my move back in to my home.

dogshome

The usual arrangement is that the occupier of a dwelling, be it tenant or owner, is responsible for the Utility Bills and can choose the provider.


By handing over management to the Outlook lettings agency you became prey to Spark's devious method of getting customers - They simply bribe Letting Agents to make Spark the supplier of rental accomodation.

Like any supplier, once appointed Spark becomes the encumbant supplier to a property, any future occupier, be it tenant or owner, has to register with them as soon as they move in, and only when the registration process is completed, is the new occupier free to move to another supplier

Craig1981

yeah, my tenancy agreement a few years back included in its clause that spark energy was to be the supplier in my name. hidden somewhere in the t&cs, but i found it. got the paperwork through from spark, called them and cancelled immediately before going live

Debbieconnor68

I too am a victim of Spark Energy, despite never having an account with them!
I sold a property in March 2015 and in the process of applying for a new mortgage this week, I was turned down on my credit score. This was a massive shock. On checking my Experian credit score, there was an entry about a "delinquent" account with Spark Energy, which was apparently set up in January 2017, a whole 22 months after I sold and vacated the property.
On phoning Spark, I was told that the account was set up as an "occupier" account and, because there was no more info on who lived at the property, their collection team decided that as I was previously on the electoral roll there, they would stick my name on the bill - surely this can't be good practice, or even legal!! The property was initially rented out by the new buyers.
Had I not applied for a mortgage, this would not have come to light until I had debt collection agencies at my door. I didn't know about it because, despite getting hold of my name, they seemingly weren't able to trace my address, despite me being on the open electoral roll here!!
I am desperate for them to resolve this matter but they don't seem to have a sense of urgeny

[Deleted User]

dogshome wrote: »

The usual arrangement is that the occupier of a dwelling, be it tenant or owner, is responsible for the Utility Bills and can choose the provider.


By handing over management to the Outlook lettings agency you became prey to Spark's devious method of getting customers - They simply bribe Letting Agents to make Spark the supplier of rental accomodation.

Like any supplier, once appointed Spark becomes the encumbant supplier to a property, any future occupier, be it tenant or owner, has to register with them as soon as they move in, and only when the registration process is completed, is the new occupier free to move to another supplier

Calling the small commision ( around £30 ) to letting agents a "bribe " is a bit strong, its simply the exact same thing you collect occasionally when MSE "bribe " you with a £25 cashback or a referral fee. You don t feel that is a bribe do you ? I think these commissions are every bit as ethical as MSE s and Topcashback and Quidco sharing a proportion of their fees. Maybe all cashbacks and incentives should be stopped by OFGEM and only OFGEM run their own comparison website .
Spark Energy is very popular with the rental market and therefore the majority of properties will have prepayment meters. Their prepayment rates last year were the cheapest prepays in my area but I see now that they have fallen down the league table a little but still cheaper than any of the big 6 and tenants and owners are now falling for the slightly cheaper rates from Bulb etc.
Owners can get into debt when the eventually take back the property and find debts from former tenants have built up with unpaid standing charges and other more serious debts from tenants abstracting electricity. This is very common with many rentals with letting agents and qwners never inspecting the properties for years once it is let out to tenants.
I have visited thousands of Spark Energy customers in their flats and rental properties and have often found tampered meters . Spark Energy have the highest ratio of meter tampering than all the other suppliers I visit IMO simply because they have more customers on prepayment meters
.Spark Energy have more than their fair share of problem tenants simply because they have to deal more often than most suppliers with the rental market.
Spark Energy are more likely to be a "victim " of unscrupulous tenants. Maybe they should think about dropping the small referral fee to greedy lettings agents and do their best to avoid prepayment meters.
. EDF for instance used to avoid prepayment meter customers switching to them. I m not sure what their policy is nowadays but there was a good reason for one of the big 6 doing their best to avoid the extra expenses and problems with constantly broken prepay meters and endless call outs for their contractors.
Smart prepayment meters are now getting wider use so this problem should lower in time.

AdamGr33n3n3rgy

Thanks for your replies to my post. It is not surprising to find others with similar problems with Spark Energy.
My formal complaint to them seems to have fallen on deaf ears, and I am unsure where to take this now.

It clearly seems that:
* Spark Energy were mistakenly led to believe that I am a rental tenant with Outlook Estate Agents, and there was a tenancy agreement between me and Outlook.
* Spark Energy blocked my initial supply with Bulb Energy without communicating with me at all.
* Spark Energy advised me incorrectly on two occasions when they told me I had been moved to them in error.
* Spark Energy block my attempt to move back to Bulb without communicating the reasons for this.

Because of the lack of communication and incorrect advise by their customer services team it is only this past week, after 7 months, that I have been aware that they mistakenly believed they had some contractual rights to my supply.
After my formal complaint has fallen on deaf ears I am not sure where to take this now.

dogshome

Debbieconnor68
WRITE a letter to Spark headed Complaint, setting out the history of this problem, with the demand that they issue a letter absolving you from any billing liability for the dates in question, and remove their marker on your credit files

Add that their totally false claim of debt has already caused you difficulty in negotiating a mortgage, and you will hold them responsible for any future costs you incur

dogshome

AdamGR33n3n3rgy
I'm sorry you have found yourself in this position, but please understand that Spark's actions are totally within the the rules.

Once a dwellings Energy supplier has been changed by the proper procedure, that new supplier 'Owns' the right to supply that dwelling, no matter how many tenants or owners come and go.


Even f the Queen chose to to buy or rent your home, she would be tied to Spark as her supplier as soon as the deal was completed, and could only change supplier after she had first registered with Spark and paid their bills until the new supplier took over

It's a waste of time complaining to Spark, as by the rules they have done nothing wrong.
The way out is to pay their bills quickly and when the balance is cleared,
phone Bulb to Switch the account to them


From posts on this site, Spark have a reputation for being difficult when customers want to Switch supplier, but just keep at it

Skools_Out

AdamGr33n3n3rgy wrote: »

Thanks for your replies to my post. It is not surprising to find others with similar problems with Spark Energy....

Perhaps not.

But you started this thread as a brand new user at10.19pm on Friday.
To then have another barnd new user join MSE just to say they have a similar problem at 8.32 the following morning is to say the least, very coincidental.

Not to mention that brand new user who went to all the time and trouble to join MSE to post their details of a similar matter presumably in your support, then immediately left MSE and has not returned since.

:cool:

Cardew

AdamGr33n3n3rgy wrote: »

I
• Jan 18: I moved back in and chose Bulb Energy as an energy provider on quite a reasonable duel fuel deal

Unless I have misunderstood something, the above is where you went wrong.


As indicated by Dogshome in his post#8, when you moved back in to your house you were on a legally binding 'deemed contract' with Spark. You must register with them with meter readings and your details etc. You can then instigate switching procedures to Bulb. It will take a few weeks for the switch to take place and you must pay Spark for your consumption over that period.


The above is exactly the same procedure for anyone moving into a property.

AdamGr33n3n3rgy

Hi there,

Thanks for your message Cardew.

Just to clarify further. I am not on a legally binding contract with Spark. I own the home and I am not a tenant, and Outlook Estate Agency have nothing to do with my home. I have learnt that they thought I was a tenant with the agency and blocked my supply with a different provider I set up, but I am not on any tenancy contract with Outlook, and I have had this confirmed by the Agency. I have learnt that they blocked my supply with electric and not gas for some reason.
They did have a contract on the tenant that was here for 3 years while I was the landlord, although Spark told me the tenant managed to go with a different provider. It might be that Outlook misinformed Spark, or that Spark assumed that the ending of the rental tenancy was leading in to a new one. When I called Spark I was told by them this was a mistake and they would move me back, but again they stopped this without informing me.