OVO Chasing Year Old Bill

JBebb

I was with OVO Energy from June 2017 to May 2018. When I left them, my last bill had an outstanding balance of £295.35. I paid £235.35 by card, and then they took £60 over the next two direct debits, so £355.35 total credit. This leaves me in credit in total at £60. I left this though as I knew I would eventually have the final statement through.

A year and a half passed, so long that I had moved house, supplier twice and completely forgotten about the final statement from OVO. I eventually got a lovely email from OVO this month saying they had calculated my final bill and it came to a whopping £973.38. They correctly stated that as the bill was over a year old they would write it off.. But not in its entirety.

So what follows is they have twisted this to make it sound like I owe them. They have said:

"In line with Ofgem regulations, we are unable to charge you for any usage over a year old which is not already covered by payments made."

So they have taken the £355.30 I paid them a year and a half ago, and credited this against the final bill, then saying they have written off £618.08. Then they have said as a result of their maths, I owe them the £295.35 bill plus an early termination fee of £30, totalling £325.35.

What they should have done though taken that I am £60 in credit, charged the £30 termination fee, and possibly taken the last £30 against the £973.38, or just written it all off and credited me the £30.

Just wondering where I stand legally on this? From what I can see they have taken money I paid a year and a half ago against another bill against the final bill they submitted a year and a half late. Do I ignore their messages as they don't have a leg to stand on? Challenge them, demand the £30 and possibly go to small claims? Just wondering if a court would by sympathetic to my point of view?

I'm normally the kind of guy to let £30 go, but they made my blood boil so much I'm inclined to take them to the cleaners!!

lewisa

JBebb wrote: »

I was with OVO Energy from June 2017 to May 2018. When I left them, my last bill had an outstanding balance of £295.35.

Was the last bill an accurate bill that matched your final reading, and do you still have a record or photo of that final reading?

Cardew

This is one of the 'funnies' with the 12 month back-billing rule.


The principle of back-billing is you shouldn't be hit with a big bill shock after not having a bill for a year(through the fault of the supplier)


So take a Case of somebody not paying by DD. He doesn't get a bill for 12 months and a bill for £500 arrives and the £500 is written off.


Another person has been paying a DD of £40 a month for the same 12 month period so when his £500 bill arrives he is £20 in debit. No bill shock here, they will write off the £20.

Streaky_Bacon

So, around May 2018 they billed you £295 which you paid, and then you paid them an extra £60, leaving you £60 in credit.

They have now sent you a new bill for £X along with some dubious calculations.

You paid the bills up to May 2018, so that is done.

With regards to any bills after that, because they have been sent 12 months+ late, they are unenforceable (except that they can likely retain your £60 for the reasons stated by Cardew).

The back billing rules apply to energy usage, including standing charges, so the £30 cancellation fee may be enforceable.

Write to them, marked as a formal complaint, get certificate of posting, and say the above to them.

Any other calculations are nonsense, and just serve to muddy the waters.

EDIT: Frankly there is nothing to prevent you also arguing that they can't keep the £60 because it was taken but not "billed". I believe that what Cardew says is currently accepted as the correct interpretation, but there is no reason not to test it again at the ombudsman. I would also suggest putting forward the argument that they can't bill for the £30 due to the rules. Again no reason not to test at the ombudsman.

Streaky_Bacon

Further to the above, I have just remembered that when I took SP to the ombudsman for back billing a while back I did have a credit balance, and SP were instructed to scrap the bill and refund me the original credit balance.

So it is possible, even if that might not match the usual interpretation of the rules.

OP - I would suggest a complaint stating that the new bill is unenforceable due to back billing and that you require the £60 credit balance refunded. See how things go from there.

matelodave

It's a bit late in this instance but it really is advisable to download and save copies of all bills and statements, ideally once a month when you send in your meter readings so you've got your own record.

Especially the opening bill with your initial reading and the final or last bill when you leave them so you know exactly how much you used and you can then work out how much it should have cost and how much you actually paid.

You should also retain them for up to six years as it helps you challenge any random bills or letters that appear several months or years later.

JBebb

Streaky_Bacon wrote: »

So, around May 2018 they billed you £295 which you paid, and then you paid them an extra £60, leaving you £60 in credit.

They have now sent you a new bill for £X along with some dubious calculations.

You paid the bills up to May 2018, so that is done.

With regards to any bills after that, because they have been sent 12 months+ late, they are unenforceable (except that they can likely retain your £60 for the reasons stated by Cardew).

The back billing rules apply to energy usage, including standing charges, so the £30 cancellation fee may be enforceable.

Write to them, marked as a formal complaint, get certificate of posting, and say the above to them.

Any other calculations are nonsense, and just serve to muddy the waters.

EDIT: Frankly there is nothing to prevent you also arguing that they can't keep the £60 because it was taken but not "billed". I believe that what Cardew says is currently accepted as the correct interpretation, but there is no reason not to test it again at the ombudsman. I would also suggest putting forward the argument that they can't bill for the £30 due to the rules. Again no reason not to test at the ombudsman.

Streaky_Bacon wrote: »

Further to the above, I have just remembered that when I took SP to the ombudsman for back billing a while back I did have a credit balance, and SP were instructed to scrap the bill and refund me the original credit balance.

So it is possible, even if that might not match the usual interpretation of the rules.

OP - I would suggest a complaint stating that the new bill is unenforceable due to back billing and that you require the £60 credit balance refunded. See how things go from there.

Thanks everyone for your help, especially Streaky Bacon. I've attached a photo below of my statement from my OVO account. You can see that despite what they said, they have effectively charged me £385.30 on 21st Jan, long after my previous last bill.

I will be writing back to them to make a formal complaint, and demand this is cancelled, giving me a £60 refund. I'll let you know how it goes.

imgur.com/xvXlh8h