Electric meter faulty - energy supplier wants to fit smart meters

Section62

MWT said:

Section62 said:

That is poor/incorrect advice.

The OP's first option, having complained to the provider, is to take the complaint to the ombudsman.

The ombudsman's role is to find a resolution to the complaint.  That may include making a financial award.

Whether the award is more than £100, or anything like the figure the OP has in mind, depends on the details of the case, some of which we've not yet seen.

Legal action should only be considered after exhausting the ombudsman route.

The advice given was specifically in relation to compensation for time dealing with the issue and in that regard it isn't poor advice as that is pretty much outside the scope of the Ombudsman's remit. They can and do award small amounts for poor customer service, they do not compensate for lost time...

"Pretty much" is somewhat vague.  Is it or isn't it within their remit?

It is a complicated aspect of ombudsman decisions, which is why I asked the OP to say what they were expecting and how that was calculated.  Without knowing that, nobody here can say what approach the ombudsman might take.

The objective here is to get the energy co to increase their offer.  It is possible they may do so if they feel a complaint to the ombudsman is a serious risk - in effect they will be making a 'go away' payment.  Taking that route will cost the OP nothing, other than possibly losing the £100 already offered.

Commencing legal action is likely to be met with a more robust defence, and the chances of a 'go away' payment are generally lower.

MWT said:

... and yes going to the Ombudsman first is still an option, but the ruling would be available to be used by the energy company if there is a subsequent court case, so consider if that is likely to be helpful or not...

If the ombudsman isn't sympathetic, then realistically it has to be assumed a court would be similarly unimpressed with a claim.

If the ombudsman has made an error (which a sucessful court claim might suggest) then the ombudsman findings would be of no consequence.

This applies particularly if - as you suggest - what the OP is claiming is outside the remit of the ombudsman. The ombudsman saying we cannot award you this money because it isn't our job to do so doesn't harm the claim, and to their benefit it demonstrates willingness on the part of the claimant to use ADR processes rather than going straight to court.

[Deleted User]

MWT said:

Section62 said:

That is poor/incorrect advice.

The OP's first option, having complained to the provider, is to take the complaint to the ombudsman.

The ombudsman's role is to find a resolution to the complaint.  That may include making a financial award.

Whether the award is more than £100, or anything like the figure the OP has in mind, depends on the details of the case, some of which we've not yet seen.

Legal action should only be considered after exhausting the ombudsman route.

The advice given was specifically in relation to compensation for time dealing with the issue and in that regard it isn't poor advice as that is pretty much outside the scope of the Ombudsman's remit. They can and do award small amounts for poor customer service, they do not compensate for lost time...

... and yes going to the Ombudsman first is still an option, but the ruling would be available to be used by the energy company if there is a subsequent court case, so consider if that is likely to be helpful or not...

Yes, any Court may expect to see third-party mediation; however, it is always worth thinking through the consequences of an Energy Ombudsman’s Decision going in the supplier’s favour. The complainant is left with two options: Accept or Reject. The latter kicks the complaint into the long grass and all earlier offers of compensation etc are off the table.

I hear calls of it will never happen. Sadly, it does. I escalated a simple billing complaint to the Ombudsman earlier this year. I provided the supplier and the Energy Ombudsman with an FCA-Accountant certified spreadsheet showing what the billing error was. I even apologised to the Energy Ombudsman for escalating such a simple complaint.

The initial Decision was in my favour. My BIG mistake was that I accepted the Decision before the supplier. The supplier offered some further evidence (counter to The Energy Ombudsman’s rules) and the Appeal was upheld by a separate ‘investigator’. This immediately changed the Interim Decision to Final with no further right of Appeal even though there was clear evidence in the case files countering the supplier’s claim. 

The only option left to me was to complain about The Energy Ombudsman’s processes. My complaint eventually ended up with the Independent Assessor who ruled in my favour after the original investigator agreed there was no basis for upholding the Appeal.

I am no great fan of Energy Ombudsman Services.