Solarplicity "debt" and debt collection agency chasing

Sweetenough88

Hello,

first time post so please be kind! There is quite a long back story but I will try to keep it brief, but the TL:DR version - I am being chased by a debt collection agency for an outstanding Solarplicity debt that I am currently disputing. Is there a way to fight back against the debt collection agency if there is no agreement on what is owed?

Backstory - Joined Solarplicity in June 2017, their bills were usually estimated and when I tried to submit meter readings they usually refused them. They replaced my old electricity meter in May 2018 and gas meter in August 2018, but Solarplicity never took pictures/recorded the final meter readings for the old meters before taking them out. Luckily the gas meter was recorded on a sticker on the new meter, but I don't have pictures or proof of the electricity meter final reading before it was removed. Yes, I know this was stupid but the installer told me he would take pictures and send me a copy...I've learnt my lesson. I moved out of the property at the end of August 2018, called Solarplicity various times to close the account and give final meter readings, but there was an on-going issue with the fact they didn't know the final meter readings of the old meters. It went back and forth for months and they sent me an 8 week notification letter (much after the 8 week period!) which I assumed was the end of the matter.

Fast forward to November 2019 and I got a debt collection email from Corporate Debt Solutions Global demanding £26 for an outstanding bill for Solarplicity. Since then I have had various phone calls with CDS trying to explain that the final bill from Solarplicity is in dispute because how they can prove what I owe if they don't have actual meter readings? Looking back through my Solarplicity bills there was never any acknowledgement that they had replaced the electricity meter as the readings just continued on from previous bills. When I contacted the people living at the old house they forwarded on some post which included a final bill from Solarplicity dated October 2019. The final bill was very confusing and showed  discrepancy with the gas that would mean they owed me £22.50 with an outstanding amount for electricity.

Since then CDS have sent various threatening emails and also called a couple of times. The staff there are very unprofessional and have basically tried to bully me into paying with the threat of court. I realise the amount is only £26 but I don't see how/why a debt collection agency should be allowed to pursue a debt that is in dispute. They have said today that I need to prove the meter readings for the old meters (which I can't do) and that it my responsibility to prove I don't owe it as Solarplicity have 'proved' that I do.. even though their final bill is absolute rubbish.

I've tried to keep this brief by if anyone could help with the above and my questions below I would be very grateful!

1. I only received a final bill from Solarplicity in October 2019, over a year after I moved out of the property. I looked on the Ofgem website which; "Your supplier can’t ask to be paid for unbilled energy used more than 12 months ago, if you haven’t been accurately charged for this usage before. Suppliers must make these protections clear in their terms and conditions." Given that the final bill in question was based on a period of the 6th April 2018-18th Sept 2018 and was issued on the 3rd October 2019, this sounds like it would be covered by the backbilling rules. Does anyone know if this is correct?

2. I've tried to contact both the financial Ombudsman and Energy Ombudsmans but neither say they can help. Any suggestions?

I'm finding this stupidly stressful and I guess most people would just tell me to pay the £26 but I'm so angry that I tried to sort this out with Solarplicity back in 2018 and because they have ceased trading it has now passed onto a debt collection agency who are unregulated and apparently allowed to treat you like dirt

Ectophile

Have you opened a formal complaint with Solarplicity yet?  If not, you need to do so.  The energy Ombudsman won't even look at your case until either their formal complaints procedure has concluded, or 8 weeks have passed, whichever is earlier.

Meanwhile, just keep telling the debt collectors that the bill is in dispute, and they must refer the case back to Solarplicity.

Sweetenough88

Hi,
Sorry I should have said that solarplicity ceased trading last year so I have no way to contact them. I raised a complaint with them last year and they sent an 8 week deadlock letter last year. The energy ombudsman said they can't do anything because Solarplicity are no longer trading and the financial ombudsman can't do anything because the debt isn't based on a regulated sector

burntwood

Sweetenough88 said:

Hello,

first time post so please be kind! There is quite a long back story but I will try to keep it brief, but the TL:DR version - I am being chased by a debt collection agency for an outstanding Solarplicity debt that I am currently disputing. Is there a way to fight back against the debt collection agency if there is no agreement on what is owed?

Backstory - Joined Solarplicity in June 2017, their bills were usually estimated and when I tried to submit meter readings they usually refused them. They replaced my old electricity meter in May 2018 and gas meter in August 2018, but Solarplicity never took pictures/recorded the final meter readings for the old meters before taking them out. Luckily the gas meter was recorded on a sticker on the new meter, but I don't have pictures or proof of the electricity meter final reading before it was removed. Yes, I know this was stupid but the installer told me he would take pictures and send me a copy...I've learnt my lesson. I moved out of the property at the end of August 2018, called Solarplicity various times to close the account and give final meter readings, but there was an on-going issue with the fact they didn't know the final meter readings of the old meters. It went back and forth for months and they sent me an 8 week notification letter (much after the 8 week period!) which I assumed was the end of the matter.

Fast forward to November 2019 and I got a debt collection email from Corporate Debt Solutions Global demanding £26 for an outstanding bill for Solarplicity. Since then I have had various phone calls with CDS trying to explain that the final bill from Solarplicity is in dispute because how they can prove what I owe if they don't have actual meter readings? Looking back through my Solarplicity bills there was never any acknowledgement that they had replaced the electricity meter as the readings just continued on from previous bills. When I contacted the people living at the old house they forwarded on some post which included a final bill from Solarplicity dated October 2019. The final bill was very confusing and showed  discrepancy with the gas that would mean they owed me £22.50 with an outstanding amount for electricity.

Since then CDS have sent various threatening emails and also called a couple of times. The staff there are very unprofessional and have basically tried to bully me into paying with the threat of court. I realise the amount is only £26 but I don't see how/why a debt collection agency should be allowed to pursue a debt that is in dispute. They have said today that I need to prove the meter readings for the old meters (which I can't do) and that it my responsibility to prove I don't owe it as Solarplicity have 'proved' that I do.. even though their final bill is absolute rubbish.

I've tried to keep this brief by if anyone could help with the above and my questions below I would be very grateful!

1. I only received a final bill from Solarplicity in October 2019, over a year after I moved out of the property. I looked on the Ofgem website which; "Your supplier can’t ask to be paid for unbilled energy used more than 12 months ago, if you haven’t been accurately charged for this usage before. Suppliers must make these protections clear in their terms and conditions." Given that the final bill in question was based on a period of the 6th April 2018-18th Sept 2018 and was issued on the 3rd October 2019, this sounds like it would be covered by the backbilling rules. Does anyone know if this is correct?

2. I've tried to contact both the financial Ombudsman and Energy Ombudsmans but neither say they can help. Any suggestions?

I'm finding this stupidly stressful and I guess most people would just tell me to pay the £26 but I'm so angry that I tried to sort this out with Solarplicity back in 2018 and because they have ceased trading it has now passed onto a debt collection agency who are unregulated and apparently allowed to treat you like dirt

This is probably not what you want to read, but I'm afraid what you have been informed by Corporate Debt Solutions - Global (CDS), the debt collector appointed by Price Bailey, the administrator of failed energy supplier, Solarplicity, is more or less correct.

The energy industry bills you for energy you have used according to the tariff agreed. It is accepted that, save where it is otherwise proved incorrect, the meter reading reflects what you have used. Where, for whatever reason, a meter reading is not available then an estimate according to standard industry parctice will be used (again save where it can be proven it is wrong)

With regards to backbilling, that is a regulation and licence condition that was introduced by the industry regulator,Ofgem, affecting energy suppliers.

Your energy supplier ceased trading in August 2019.
Price Bailey were appointed administrators. The obligation of Price Bailey, being a Licensed Insolvency Practitioner, was to obtain the maximum return for creditors of the failed supplier.

They discovered that the account keeping of Solarplicity left a lot to be desired and their record-keeping inadequate which could have played a big part in the reason that Solarplicity collapsed. That resulted in the administrator taking an extraordinary long time to finalise some former customer accounts.

As Price Bailey are not an energy supplier, Ofgem has no control over them. Similarly, administrators of failed firms are not subject to the same debt collection rules as energy suppliers.

Therefore, whilst it is regretable that your final bill took a long time to produce, back billing rules do not apply following the appointment of Price Bailey as administrator.

As you have no evidence to support your complaint that the bill you have received is incorrect, then you remain liable to pay it.

I think the lesson to learn here is to act promptly.
You say the electric meter was changed way back in May 2018. Even if that was not a trigger for raising a complaint then, you then moved out in August 2018. You should therefore have received a final bill within 6 weeks of that date, lets call that October 2018. If one was not forthcoming, you should have raised a formal complaint, and if that still had not produced an agreed final bill, then you should have escalated the matter to the energy ombudsman 8 weeks thereafter, as you would be permitted to according to the supplier's complaint procedure, so that would be December 2018.

Your reference to the 8 week letter indicates the supplier did what they were supposed to do. i.e. inform you that no agreed resolution was available for whatever reason within the 8 weeks allowed. I'm confused why you would assume by such letter that would then be the end of your complaint; far from it, it would have claerly stated that they had not reached an agreed resolution, and therefore you were in a position to refer the complaint to the ombudsman to strive to reach a resolution for you, if you wished to continue to pursue the complaint.

If you had done that, I feel sure the energy ombudsman would have ensured you had received a satisfactory resolution (assuming you agreed with their propoal) well before the supplier finally collapsed in August 2019.

Ectophile

In that case you need a change of tack.  Write to the administrators telling them that you will not be paying unless they can provide evidence that you actually do owe the money, and it's not just a figure they have made up.

Bear in mind that starting a court case against you will cost them a lot more than £26 in court fees alone.  If they get the impression that you have no intention of paying, they may give up and go away.

Keep stonewalling the debt collectors.  There is nothing they can do, other than take you to court.

Biscuit_Tin

Ectophile said:

In that case you need a change of tack.  Write to the administrators telling them that you will not be paying unless they can provide evidence that you actually do owe the money, and it's not just a figure they have made up.

Bear in mind that starting a court case against you will cost them a lot more than £26 in court fees alone.  If they get the impression that you have no intention of paying, they may give up and go away.

Keep stonewalling the debt collectors.  There is nothing they can do, other than take you to court.

Please refer to the OP. The administrator has proven the debt is owed.

Yes, if the OP fails to pay, this matter may well up with them in court, but possibly not before having their energy meters changed to more expensive PPMs, possibly cut off completely, and having their CRA files trashed.

FreeBear

Biscuit_Tin said: Yes, if the OP fails to pay, this matter may well up with them in court, but possibly not before having their energy meters changed to more expensive PPMs, possibly cut off completely, and having their CRA files trashed.

Getting the current meters changed to prepayment ones would be outside the remit of the administrators or the debt collectors (in my opinion). It would also be a futile exercise on their part as the OP has moved to a completely different property and is with a new supplier.

Ectophile

Biscuit_Tin said:

Please refer to the OP. The administrator has proven the debt is owed.

My reading is that OP disputes that.

357

Solarplicity - Debt Chasing......
Nightmare company, didn’t have a bill from them for months and months, so I cancelled my DDebit, and then found they’d given my previous supplier estimated readings, who then took £750 out of my account (previous supplier that is). Phoned Solarplicity, 45 minutes later, they couldn’t help, as didn’t understand my meter readings, now I have a debt collection agency CD Solutions, sending threatening texts and emails stating I owe £2300! CD Solutions do not respond to ANY emails, I called them, but the girl I was speaking to was going on holiday, and not able help, but would get someone to call me..... 4 weeks have passed, 20 emails sent, and still nothing, not one response!  Is this company legally allowed to continually make threats but NEVER-respond? At my whits end here!

Any advice greatly appreciated!

the_quick

Hi all, sorry for resurrecting quite an old topic. In similar situation to OP, but I have photographic evidence of all meters, with readings. Final bill was not accurate (despite us sending them regular meter readings and them having smart meters installed), but just estimated. Much higher that it actually was. We switched before Solarplicity collapsed and the final bill they sent was inaccurate one, we started the dispute but than they went into administration. Since than CDS global keep chasing us, at some point we even talked to one person , explained exactly our point and he promised they will look at it and recalculate the bill. Never happened , they now just sent email that we owe them money - each time I reply that we dispute the bill amount and who dealt with that before.
Each time no response, just same email few months later. Last email was threatening that they will take us to court as we have not respond to them ,despite their numerous attempt to contact us. This is just no true, as we have responded to each email. Not sure what else we can do.
The amount they claim is just over £100, but after we have calculated looking at our meter readings, they owe us money - as we have overpaid. Not sure what else we can do, or who to contact. I wonder if anyone has similar experience??

Phones4Chris

I would write/email the Administrators and tell them the bill was incorrect and you have proof, and they are wrong to send a debt collection agency to try and collect money when they owe you. Keep fobbing off CDS Global, tell them you have raised a dispute with the Administrators. If you don't get a proper response, tell them (the Administrators) that you will take them to the small claims court to recover the money you are owed. I'd keep/print a copy of the email/letter to the Administrators to give to CDS Global to prove you have raised a dispute with them. If CDS Global keep hassling you, give them a further written response stating that you have advised them you are in dispute and if they continue to hassle you, you will have them prosecuted for harassment and malicious communication!