Am I in the wrong

Amanda1994

Hi,

Please can I have some advice. 

I was with a energy company and went onto a very high tariff without knowing. I was being charged about £250 a month. 

So when  I finally noticed (I took over the house accounts /never ran a house account befor) decided to go with another company that charged me £100 a month. 

I complained to the original company as I had been passed to pillar and post and they said I was due a refund of £2300 and would be refunded this once I left them. 

I than received an letter to confirm I would receive the £2300.

I have gone to the ombudsman as the energy company advised that they made an error and owe me nothing . 

The ombudsman have said they made a mistake and for the inconvenience the company should pay me £70 but not the £2300. 

Is that correct ?

Its just I have now spent extra money and worked out what I was doing with this extra money,  so I feel that this money should be due back to me. 

Any opinions would be gratefully appreciated. 

This all started back in July and its taken this long to get told I'm basically not getting anything and I'm getting pretty stressed  

[Deleted User]

The risk of taking any complaint to The Energy Ombudsman is that you agree to a review of your complaint by an independent third-party. The Final Decision is binding on the supplier but not the complainant. However, if you reject The Final Decision then your complaint against the supplier is effectively deemed void. The supplier can then take debt recovery action etc.  If the matter goes to Court, then the supplier can use The Energy Ombudsman’s Decision in support of its case. Sorry to add to your level of stress.

Robin9

@amanda1994 Can we check that everything is as it should be with your new supplier. I am a little concerned with the "charged me £100 a month" statement -  what you are paying as DD is a contribution towards the costs - use more pay more, use less pay less - it is not all you can eat.

Since you changed suppliers have you been giving monthly meter readings, getting monthly statements ?  Are you now in credit or debit ?

Gerry1

Welcome to the forum.

Unfortunately you have provided very few facts, so it's difficult to draw any firm conclusions.  You seem to be confused about Direct Debits: they are merely a top up that may or may not prove to be sufficient to pay the energy bills.  It's never an All You Can Eat tariff.  https://www.moneysavingexpert.com/utilities/lower-energy-direct-debits/#whatyoupay

You will have to pay for the energy you have used, together with the standing charges.  Did you give opening and closing readings?  If so, it should be straightforward to calculate the cost of what you have used and to see whether your payments have met this.  (Remember that the gas meter records the volume, which has to be converted to kWh.)

You should take the £70 compo because you're very unlikely to get anything better. If you can't afford to pay the amount in one go, ask for a payment plan.  If relevant, check with Citizens Advice about any benefits and hardship payments that may be available.

Sorry that it's not the answer you want to hear, but it's important to face the reality of the situation and move on.  Rather than wasting time and effort in a fruitless battle to avoid due payment, you now need to ensure that you are on your supplier's cheapest tariff.  You won't be able to move until the debt has been substantially cleared, and then you need to do a full market comparison using Citizens Advice and 'Switch with Which?'.  Remember to compare annual costs not DD amounts and enter your annual kWh usage derived from actual meter readings.  Separate suppliers are often cheaper than dual fuel.

Cardew

Many people seem think if a company make a mistake in the customer's favour then the company must pay up; that isn't the case.

Similarly if the mistake is in the company's favour, you don't have to pay up.

Although you can still take the matter to court, the Ombudsman's decision will almost certainly sink your case. Although normally in the Small Claims Court costs are not awarded to the winning side, it is also pertinent to point out that if your claim is considered frivolous the court can award costs to the energy company; and those costs could be considerable.

As advised above, take the £70!

Streaky_Bacon

You need to decide whether the supplier actually owes you £2,300 and whether you have the evidence to prove it.
It would not be sufficient to show that they sent you a letter claiming to owe you the money, as they have now retracted that. 
Do you have your opening and closing meter readings, interim readings, and a record of all the payments you made? 

MWT

Amanda1994 said:

Its just I have now spent extra money and worked out what I was doing with this extra money,  so I feel that this money should be due back to me.

So if I've understood correctly, you have spent money you didn't have, in anticipation of a refund that is not now coming?

... and presumably you have nothing to back-up your expectation of a refund other than the letter saying they intended to pay it..?

When someone offers you a refund for reasons you do not understand and cannot justify it would be wise to wait until you've actually received it before you go and spend it...

Your only hope is that you can work through your bills and payments and figure out a reason why you should have received the refund, absent that, the £70 gesture is all you are going to get...

rp1974

Yes,you are in the wrong,to be blunt.
Spending money that was not in your possession was more than a little unwise,if not downright reckless.
Going on the very scant detail,unless you have anything else to add it's pointless appealing the Ombudsmans decision.
Take this whole,largely self inflicted situation as a life lesson,learn from it and move on.

Amanda1994

Thank you for all your comments.

When the company stated I was due a refund, they stated I was charged for electricity I hadn't used so they where refunding it. They than sent me a letter confirming that I would be refunded. So I just thought that as it was confirmed over the phone and than confirmed in writing it was all agreed to . 

Robin9

@Amanda1994 Can you reply to my questions re your present supplier please ?

Amanda1994

I have now moved to bulb energy and got a smart meter in , so I believe that takes the readings for me.