Enforcement of the Decision and Remedy issued by the Ombudsman Service over Electricity Supply

MoneySavingNovice

Hello,

Can anyone advise on how I can enforce the Decision and Remedy issued by the Ombudsman Service regarding Electricity Supply?

I made a complaint regarding an electricity supplier, which followed due process, and a decision has been issued by the Ombudsman Service basically finding in my favour.

The decision of the Ombudsman is legally enforceable according to there website,   but the supplier has already intimated to me that they have no intention of implementing the remedy.  As they are not technically yet in breach, they have 28 days from issue of the decision, I'm not going to publish the name of the company involved,   but I'm wanting to know what my next steps should be if needed.

Thanks in advance for any help and assistance.

Edit & Update

In the last few minutes, the supplier has 'appealed' the decision stating that it was an 'incorrect decision'  but haven't actually said why they thought it was an incorrect decision. 

I didn't realise they could do this -  the plot has just thickened.

[Deleted User]

At the 28 day point, you contact The EO Enforcement Team who will then add a further EO charge to the supplier’s costs. The supplier then has a further 28 days to comply. 

If the supplier owes you money, then YOU can take them to The Small Claims Court and YOU can use The EO’s Final Decision to support your case. I recall Martin Lewis writing something about EO decisions a couple of years ago. The Energy EO is not in the same category as some ombudsman services whose judgements are the same as one from a Court of Law.

Edit:

Here is the link:

https://www.moneysavingexpert.com/news/2017/11/mse-tells-mps-of-need-for-urgent-reform-to-ombudsman-farce/

You need to read the Report. I am not aware that there have been any changes. 

MoneySavingNovice

Thanks for this.  The Ombudsman was the Ombudsman Services rather than the Energy Ombudsman,  however following your tip I have found a comment on their website which states:-

If you accept the resolution, the provider has to comply.

Your provider is bound to the resolution if you choose to accept it. We have a specialist team on hand that works alongside providers to get the remedy implemented.

If your supplier hasn’t complied within reasonable time and you’ve chased them on the matter, you are free to enforce the resolution in court as the decision was legally binding.

Which I guess means that as I have accepted the resolution they have to accept the resolution as well.  As an aside its, not financial compensation were the issue is but an action which they must take which is where they have a problem.

Thanks for this, very helpful.

*Written prior to the update of the opening post.

[Deleted User]

The Energy Ombudsman is part of Ombudsman Services. Ombudsman Services is the company that provides arbitration to various sectors including energy. Suppliers have to comply with a Final Decision but that is not the same thing as them actually taking action. I am sure that some pressure will be brought to bear for non compliance within 28 days. Beware - suppliers mark their own homework and they inform The EO when all the remedial actions have been taken - sometimes before anything has happened. You will gather that I am not a great fan of The EO service.

Taking a supplier to Court for anything but a small financial claim is not for the faint hearted.

brewerdave

[Deleted User] said:

The Energy Ombudsman is part of Ombudsman Services. Ombudsman Services is the company that provides arbitration to various sectors including energy. Suppliers have to comply with a Final Decision but that is not the same thing as them actually taking action. I am sure that some pressure will be brought to bear for non compliance within 28 days. Beware - suppliers mark their own homework and they inform The EO when all the remedial actions have been taken.

The E.O is generally toothless - one company ,Together Energy , have made a sport of offering remedies and informing the E.O of completion of said remedies - but without doing anything at all!! 
 I gave up after 3 attempts to get the E.O to force the agreed resolution.

niktheguru

name and shame the company. Whats the point in redacting the name. Let people on the forum know so they can avoid this company, or help you!

[Deleted User]

niktheguru said:

name and shame the company. Whats the point in redacting the name. Let people on the forum know so they can avoid this company, or help you!

Libel. I know of one MiddleEast airline that took legal action against a forum to force it to give up the identities of posters who they believed had posted defamatory comments.

MoneySavingNovice

niktheguru said:

name and shame the company. Whats the point in redacting the name. Let people on the forum know so they can avoid this company, or help you!

Because I haven't got any solid proof that they are not going to implement the Ombudsmans decision, only that one employer of the supplier who may or may not have the authority has intimated that they would not do it and the appeal stating that it was an 'incorrect decision' .

They are innocent until proved guilty and at the moment the jury is out so to speak.