Help needed on Erroneous transfer of electricity supplier.

MWT

sandeepamar said:

That's good to know, thanks.  What is OP?

'Original poster' ... you in this case, the person who started the thread with the original post.

Phones4Chris

Swipe said:

I'd go with Octopus and ask them to change the name of Mr X on the bill to yours and pay the outstanding £555 if that works out the cheapest option for you. Have you given octopus a recent reading and is the £555 bill based on that? Why over complicate things with a reversal?

That's precisely the stance I would take ONCE the situation of the erroneous switch is resolved.

Dolor said:

You cannot play the Erroneous Transfer rules to your personal advantage as suppliers are required by Ofgem to put the consumer back into the position that he/she was in had the erroneous transfer not taken place.

Why NOT? There's nothing in OFGEM's rules that says the erroneous switch HAS to be reversed, whilst it's implied, it does not address the situation where the erroneous switch ultimately works to the benefit of the consumer. The presumption is that an erroneous switch is to the consumer's disadvantage.

There's plenty in OFGEM's rules about compensation - see https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/how-switch-energy-supplier-and-shop-better-deal/compensation-if-there-s-energy-switch-problem

@sandeepamar Have Octopus accepted (in writing/email) that there's been an erroneous switch?
Point out that Octopus ARE responsible for the erroneous switch even if they try denying it - the Gaining supplier is the one who initiates a switch. It is also their error if they got the name on the account wrong. Don't forget about the Electoral Roll issue, to prove Mr.X has nothing to do with your address.
You need to challenge Octopus with the points I mentioned earlier, as well as those just mentioned. Leave aside for one moment whether you'd switch/be switched back to your previous supplier (and SSE have no right to say that they'll expect you to pay the last 18 months, that's a matter to be resolved IF you move back. I'd leave SSE out of it for the moment, it's Octopus you have complained to).
Octopus have 20 days to confirm the outcome of an investigation into erroneous switch, is it more than 20 days since you complained to them?
Edit: If Octopus continue to try playing the Mr.X card, tell them they must send a deadlock letter to you then, as they are refusing to accept there was an erroneous transfer, and reporting on an investigation, and you'll be entitled to compensation under OFGEM rules. And you will complain to the Ombudsman if this is not resolved to your satisfaction.

sandeepamar

Phones4Chris said:

Swipe said:

I'd go with Octopus and ask them to change the name of Mr X on the bill to yours and pay the outstanding £555 if that works out the cheapest option for you. Have you given octopus a recent reading and is the £555 bill based on that? Why over complicate things with a reversal?

That's precisely the stance I would take ONCE the situation of the erroneous switch is resolved.

Dolor said:

You cannot play the Erroneous Transfer rules to your personal advantage as suppliers are required by Ofgem to put the consumer back into the position that he/she was in had the erroneous transfer not taken place.

Why NOT? There's nothing in OFGEM's rules that says the erroneous switch HAS to be reversed, whilst it's implied, it does not address the situation where the erroneous switch ultimately works to the benefit of the consumer. The presumption is that an erroneous switch is to the consumer's disadvantage.

There's plenty in OFGEM's rules about compensation - see https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/how-switch-energy-supplier-and-shop-better-deal/compensation-if-there-s-energy-switch-problem

@sandeepamar Have Octopus accepted (in writing/email) that there's been an erroneous switch?
Point out that Octopus ARE responsible for the erroneous switch even if they try denying it - the Gaining supplier is the one who initiates a switch. It is also their error if they got the name on the account wrong. Don't forget about the Electoral Roll issue, to prove Mr.X has nothing to do with your address.
You need to challenge Octopus with the points I mentioned earlier, as well as those just mentioned. Leave aside for one moment whether you'd switch/be switched back to your previous supplier (and SSE have no right to say that they'll expect you to pay the last 18 months, that's a matter to be resolved IF you move back. I'd leave SSE out of it for the moment, it's Octopus you have complained to).
Octopus have 20 days to confirm the outcome of an investigation into erroneous switch, is it more than 20 days since you complained to them?
Edit: If Octopus continue to try playing the Mr.X card, tell them they must send a deadlock letter to you then, as they are refusing to accept there was an erroneous transfer, and reporting on an investigation, and you'll be entitled to compensation under OFGEM rules. And you will complain to the Ombudsman if this is not resolved to your satisfaction.

Conversation with Octopus started December 21st, 2020.  It didn't really go anywhere so I dug a bit deeper and found out about erroneous transfers.  The conversation continues in the new year, some back and forth but they have not held their hands up to say they are responsible.  They've pretty much asked me to contact SSE and request a manual transfer if that's what I want.  Neither supplier has admitted to making the mistake and neither has said that an erroneous transfer has happened, in writing or verbally.  "an odd set of circumstances" is what Octopus said.  Will follow through with your approach.  At this stage should I even ask Octopus what they can offer me?

Phones4Chris

sandeepamar said: At this stage should I even ask Octopus what they can offer me?

Not at this point, they need to accept that there's been an erroneous transfer and remind them of the 20 day rule to report on an investigation. Don't let them fob you off with SSE, point out you complained to Octopus if they need to be reminded.
Once they've admitted an erroneous transfer, then you can start negotiating.

MWT

Phones4Chris said:

(and SSE have no right to say that they'll expect you to pay the last 18 months, that's a matter to be resolved IF you move back. I'd leave SSE out of it for the moment, it's Octopus you have complained to).

Yes they do have the right to be paid for the last 18 months, that is how resolving an erroneous switch works.

The customer gets restored to the same state as they were in with the original supplier, but they do have to pay the original supplier for energy used, but get a refund from the erroneous gaining supplier of any amounts they have paid to them.

This one is just unusual because it took so long for the customer to notice that they were not actually paying anyone for the energy used...

sandeepamar

MWT said:

Phones4Chris said:

(and SSE have no right to say that they'll expect you to pay the last 18 months, that's a matter to be resolved IF you move back. I'd leave SSE out of it for the moment, it's Octopus you have complained to).

Yes they do have the right to be paid for the last 18 months, that is how resolving an erroneous switch works.

The customer gets restored to the same state as they were in with the original supplier, but they do have to pay the original supplier for energy used, but get a refund from the erroneous gaining supplier of any amounts they have paid to them.

This one is just unusual because it took so long for the customer to notice that they were not actually paying anyone for the energy used...

How would you approach the matter at this stage ?

MWT

sandeepamar said:

How would you approach the matter at this stage ?

Given the combination of events I'd look to stay with Octopus and invoke the back-billing rules with them.

I'm not going to pretend that you shouldn't have been more diligent in managing your affairs, but at this point it is going to be easier to sort out the problems with Octopus rather than try to reverse such an old mistake.

Of course it is not in Octopus's interest to actually keep you but I suspect they will reach a pragmatic solution in the end as clearly they have mistakes on their side as well.

The only blameless party in this is your old supplier so heading back there is not exactly going to be advantageous for you...

niktheguru

As others have said its highly likely that the scottish power tariff will be more expensive than the octopus one.
I would definitely not move back to scottish power. As you have already been advised, ensure you have a complaint in writing (email or post) to octopus energy about the situation. Ensure that the debt collection letters stop. You will need to pay what you owe them for 18 months of electricity (and thats only the right thing to do here!)
Why don't you compare the unit cost and standing charge of your previous tariff to what octopus are charging at the moment, is it comparable, is it much more? (arguably, the tariff during the last 18 months will have probably been lower than what is available now)
Make sure you take regular meter readings and document them.
Keep us informed of how you get on. good luck

Phones4Chris

MWT said:

Phones4Chris said:

(and SSE have no right to say that they'll expect you to pay the last 18 months, that's a matter to be resolved IF you move back. I'd leave SSE out of it for the moment, it's Octopus you have complained to).

Yes they do have the right to be paid for the last 18 months, that is how resolving an erroneous switch works.

The customer gets restored to the same state as they were in with the original supplier, but they do have to pay the original supplier for energy used, but get a refund from the erroneous gaining supplier of any amounts they have paid to them.

This one is just unusual because it took so long for the customer to notice that they were not actually paying anyone for the energy used...

Incorrect because as I already stated the OFGEM rule assumes that the erroneous switch was to the disadvantage of the consumer, and secondly there is NO refund from the erroneous gaining supplier because the consumer (the rightful one or Mr. X) hasn't been billed nor paid anything! It WILL be a case of "negotiating" to get the best deal for @sandeepamar BUT Octopus HAVE to admit it was an erroneous transfer and report on investigation first, whatever else you might have to say or agree/disagree about the situation. Until Octopus do that whether they are coerced into that situation or not, it's almost a stalemate.

comment_as...

If someone wants to buy my electric I don't mind. If you ignored it then wouldn't Octopus just have to chase down Mr X, no different than if he'd been a previous tenant? They might never find him or he might already be bankrupt or dead. Why not let them cut him off, choose a brand new supplier and then wait and see whether or not he reappears to raise a civil dispute with you?