Spark debt collection

JLL77

We have been having problems with Spark Energy since February 2016. We moved into rented accommodation and instructed Ovo to supply gas and electricity. On moving in we were alerted to Spark taking over the supply. We called Ovo who advised us it was an erroneous transfer and they would handle it. They kept on billing us, we ignored correspondence from Spark on their advice as we believed it had been dealt with. We then started getting debt collection letters and contacted both Spark and Ovo to find out what was going on. The Erroneous Transfer request had been rejected but nobody had told us. We raised a formal complaint with Spark. We asked them repeatedly to return the supply to Ovo but this never happened. Spark ignored all requests to handover the supply from ourselves and Ovo merrily chirping 'it's not an erroneous transfer you just need to notify us of your preferred supplier'. By December we were forced to surrender the tenancy on medical grounds (we have a medically complex child and the house was rotten with damp and mould). We secured agreement in writing from the letting agent that we were released from all contractual obligations except for the rent. We escalated the Spark complaint to the Ombudsman. Despite, or because of, following the Erroneous Transfer Customer Charter to the letter the Ombudsman ruled in Spark's favour. This was on the grounds that no Erroneous Transfer had taken place and Spark were entitled to take the supply as default suppliers (although we instructed Ovo prior to the start of the tenancy and again once Spark had claimed the supply). On receipt of the Ombudsman ruling I contacted Spark customer service with meter readings and requested a final bill. We received debt collection and solicitors letters but no final bill. I called to query this and they had sent it in error to the billing address. In the meantime we called the solicitor and agreed to a full and final settlement of £1080 (reduced from the final bill of about £1250). When we called the same day to make the payment we were told this was withdrawn and the final bill was now £2500. On receiving the newly issued final bill and the original final bill it became clear that Spark was charging us for gas and electricity for the period after we vacated the property as well as non payment charges (despite the account being on hold whilst the complaint was investigated). I pointed this out and was told tough luck, take it up with the landlord. We were at the property for 10 months from February to November. I contacted CAB who wrote to Spark and reiterated the offer of £1080 and that the bill was in dispute. That was in August 2017. We have heard nothing since then until receiving a debt collection letter in October 2018 for the full balance of £2500. This has caused so much distress and in a desperate attempt to bring the matter to a close we have negotiated a full and final payment of £1780 (£500 more than our 'final bill' and money we don't have). This will be on my husband's credit reference for 6 years. He can't even get a mobile phone contract because of it not to mention it jeopardising our housing situation as we rent. We've been proactive at trying to resolve this and it feels like we've been treated unfairly at every turn. And now we are paying over the odds to a settle a debt we should never have had and still have a black mark on our credit file. Is there anything else we can do?

welshmoneylover

JLL77 wrote: »

We have been having problems with Spark Energy since February 2016. We moved into rented accommodation and instructed Ovo to supply gas and electricity. On moving in we were alerted to Spark taking over the supply. We called Ovo who advised us it was an erroneous transfer and they would handle it. They kept on billing us, we ignored correspondence from Spark on their advice as we believed it had been dealt with. We then started getting debt collection letters and contacted both Spark and Ovo to find out what was going on. The Erroneous Transfer request had been rejected but nobody had told us. We raised a formal complaint with Spark. We asked them repeatedly to return the supply to Ovo but this never happened. Spark ignored all requests to handover the supply from ourselves and Ovo merrily chirping 'it's not an erroneous transfer you just need to notify us of your preferred supplier'. By December we were forced to surrender the tenancy on medical grounds (we have a medically complex child and the house was rotten with damp and mould). We secured agreement in writing from the letting agent that we were released from all contractual obligations except for the rent. We escalated the Spark complaint to the Ombudsman. Despite, or because of, following the Erroneous Transfer Customer Charter to the letter the Ombudsman ruled in Spark's favour. This was on the grounds that no Erroneous Transfer had taken place and Spark were entitled to take the supply as default suppliers (although we instructed Ovo prior to the start of the tenancy and again once Spark had claimed the supply). On receipt of the Ombudsman ruling I contacted Spark customer service with meter readings and requested a final bill. We received debt collection and solicitors letters but no final bill. I called to query this and they had sent it in error to the billing address. In the meantime we called the solicitor and agreed to a full and final settlement of £1080 (reduced from the final bill of about £1250). When we called the same day to make the payment we were told this was withdrawn and the final bill was now £2500. On receiving the newly issued final bill and the original final bill it became clear that Spark was charging us for gas and electricity for the period after we vacated the property as well as non payment charges (despite the account being on hold whilst the complaint was investigated). I pointed this out and was told tough luck, take it up with the landlord. We were at the property for 10 months from February to November. I contacted CAB who wrote to Spark and reiterated the offer of £1080 and that the bill was in dispute. That was in August 2017. We have heard nothing since then until receiving a debt collection letter in October 2018 for the full balance of £2500. This has caused so much distress and in a desperate attempt to bring the matter to a close we have negotiated a full and final payment of £1780 (£500 more than our 'final bill' and money we don't have). This will be on my husband's credit reference for 6 years. He can't even get a mobile phone contract because of it not to mention it jeopardising our housing situation as we rent. We've been proactive at trying to resolve this and it feels like we've been treated unfairly at every turn. And now we are paying over the odds to a settle a debt we should never have had and still have a black mark on our credit file. Is there anything else we can do?

Are you saying you were in the property for 10 months and didn’t pay a penny towards your utility bills?

System

OP - you need to look at the Regulations relating to Deemed Suppliers. You were on contract with the Deemed Supplier from the moment that you took over legal responsibility for the property. This Law exists to ensure that you don’t have to wait up to 35 days to get heat and light. Had you contacted the Deemed Supplier on the day that you moved in with meter readings, you could then have switched away to Ovo. You would have received a Final Bill from Spark to cover the period until the transfer went through.

JLL77

We had a monthly direct debit set up to Ovo. We received a monthly bill from them. We did not pay any money to Spark because we had been advised this was an erroneous transfer and the ETCC clearly states that you should not pay the other supplier. Once we received the Ombudsman ruling we contacted Spark immediately to arrange payment.



We have been through the default supplier regulations and this was covered in the complaint to the ombudsman. We had instructed Ovo prior to the tenancy start date (as we have for every property we have lived in). We were not aware that the letting agent had, or could change the supplier (we had also signed a tenancy agreement with the same letting agent 5 months earlier which did not have a default supplier clause and we instructed them not to pass our details on to any 3rd parties). We requested the supply back straight away but this was not actioned on a technicality because Ovo requested it as an erroneous transfer. We were not made aware of this.



My query is about whether we can do anything now to prevent damage to our credit file.

welshmoneylover

Have you claimed a refund from Ovo?
You can use this to pay spark energy.

dogshome

I'm afraid that you can't simply sign up with whatever supplier you fancy when taking over a new dwelling - You must contact the current supplier, register with them and give meter readings - Only when you have an account number with this supplier are you free to go elsewhere.


Spark's "marketing policy", putting it politely, is aimed at people in rented accommodation and consists of paying L/Agents a bung to to switch the properties Energy supplies to Spark whilst it is limbo between tenants.
So it seems that between your first let from this agency and the second, they began pocketing Sparks shillings.


Certainly challenge the extended dating of Sparks billing, and do it in WRITING heading the letter Complaint.
Also the rule is that OVO must return to you every penny that you paid to them

Euiain

Ive had nothing but issues with Spark Energy resulting in anxiety and stress, I've only been with them three months!

I moved into rented accommodation the beginning of August, stayed with Spark who were the energy supplier that my letting agency put me with, set up the direct debit and very month since the bill has been increased.
I've called evey month (each time waiting on hold 40 minutes plus!) to give meter readings because the online account or app doesn't allow me to log in. Annoyingly, the customer service agents tell me all is fine and take the readings and adjust the bill and then the next month the same thing happens and no meter readings have been recorded!?

I've logged this as a complaint and received no call back.
I've left trustpilot reviews and no call back
I've tweeted and no call back

As a result of this appalling service, I've used uswitch to change across to SSE, which is in the process of going through and I've received an email from OPOS regarding an outstanding amount of £18.12, yet my direct debit isn't due until tomorrow!!??

I suffer with anxiety and this is affecting my sleep and mental health.

Any suggestions on how to resolve this when Spark have no interest in returning my complaint and Ofgem won't get involved until 8 weeks later?