How to sue Together Energy

strowger

I switched away from Together Energy last year, unfortunately with a substantial credit balance.

They won't return the balance, or issue a final bill. I've got an ombudsman decision against them, but they aren't actioning it.

I need to sue them. I'm familiar with the moneyclaim/small claims process in England, but unfortunately it appears that as Together Energy are Scottish, I can't use it.

Has anyone been down this road - issuing a claim from England (or Wales) where the defendant company is Scottish? Or has anyone had any luck extracting their credit balance from Together Energy by other means?

Thanks.

molerat

What have the ombudsman said when you have told them that Together have not acted on their decision ?

23.7 This contract is governed by the laws of Scotland. Or if your property is in England and Wales, this contract is governed by the laws of England or Wales. If there is any dispute between us, it will be dealt with by the courts of England and Wales if your property is England or Wales, and by the courts of Scotland if your property is in Scotland.

strowger

The Ombudsman will do what Ombudsmen generally do when their judgements are ignored - they'll open a new case about the failure to deal with the previous one, which earns them another fee (assuming that Together will ever pay them...).

nigelbb

Your next step is to complain to OFGEM as Together Energy are in breach of their licence if they do not implement the rulings of the Energy Ombudsman. OFGEM have stepped in when other energy suppliers have ignore rulings

wavelets

strowger wrote: »

The Ombudsman will do what Ombudsmen generally do when their judgements are ignored - they'll open a new case about the failure to deal with the previous one, which earns them another fee (assuming that Together will ever pay them...).

No, that is not generally what they do.

The Energy Ombudsman service has a special team called the Remedy Implementation Team, whose role is ... well as it says on the tin. :cool:

You should have been advised of this as soon as you agreed the resolution.
Have you contacted them?

There are further steps too, if it really gets that far.

wavelets

nigelbb wrote: »

Your next step is to complain to OFGEM as Together Energy are in breach of their licence if they do not implement the rulings of the Energy Ombudsman. OFGEM have stepped in when other energy suppliers have ignore rulings

No, the customer is not expected to contact Ofgem.
Ofgem don't consider customer complaints against their energy supplier; that is the role of the ombudsman.

The ombudsman service reports regularly to Ofgem about complaints they handle, including issues with remedy implementation if experienced by particular suppliers.

strowger

Thanks for all replies.

Update:

1 - Together Energy have produced a final bill, but it is wrong (in their favour) by about £300.

2 - I think the answer to my original question about how to sue, is as follows:

Because the defendant is in Scotland, the Money Claim Online site will not let a claim be submitted. However, as a consumer, one has the right to sue a Scottish defendant in one's local county court.

This is done by filling in form N1 (easily found online, as well as guidance for how to complete it) in duplicate, along with a cheque for the court fees *and form N510 which permits service on an out-of-jurisdiction defendant*. Form N510 is a little bit daunting but the correct box to tick for a Scottish defendant is in part 2, "In proceedings to which CPR 6.32(2) applies the statement is".

merchcon55

There were a couple of posts where the poster called Citizens Advice Bureau, who were able to get directly in touch with Together, and rectify bills.

Why not try that first??

strowger

merchcon55 wrote: »

There were a couple of posts where the poster called Citizens Advice Bureau, who were able to get directly in touch with Together, and rectify bills.

Partly because I don't need to use the CAB whereas lots of really desperate people do, and partly because Together have caused me so much aggravation that I now want to do this the hardest and most expensive way possible.

sdpoo

Please let us know how you get on, good luck .

It seems there are fundamental problems with the competency of the licencing scheme for supplying energy in the UK, Ofgem have a lot to answer for. I suspect the amount of credit owed by these failing suppliers is huge and a bit of a ticking time bomb.

I'm owed £140 by them too. I'm fortunate it's only as little as that, I've seen people with much higher credit balances who can't get their money back. Raised a case with the ombudsman but not holding my breath.

Mamma_hen_1

I'm also in the same boat no final Bill no refund of monies and I'm in credit of £420 ...i did not join Together Energy voluntarily, my previous supplier One select ceased trading and TE took over I decided to switch as TE tariffs were higher and the reviews were not good and boy were they right!! TE has essentially stolen my money and thousands of other people's money, the negative reviews on Trust pilot are too many to go through people owed hundreds and hundreds. Together Energy also signed me up for a direct debit which i had not given permission for i cancelled it and they tried again i didnt want them taking any more of my hard earned cash especially when they already had my £420 .TE made the switch difficult they processed my Gas to switch first and then refused the electric so my new company had to keep applying for my switch so my Electric didnt switch till 6 wks after my Gas ! They have been dreadful in every way they lie they fob you off and do not keep information that you give like the final reads they are dispicable to treat people this way and take their money and keep it is truly low .
I'm absolutely perplexed how Offgem allowed this company to take over the 36,000 customers that had belonged to One select the critera must be very very low.