Fixed price deal tariff being increased

Dr75

Chrysalis said:

Dr75 said:

Just a update on my particular case . The ombudsman sided with octopus then rejected my appeal and then I received another email from octopus asking if I wanted to accept the offer of £100 and an apology . I decided to reject it , I informed them of the people who had been put on the fixed option of the deal because the call centre staff apparently must of missed the check tariff part on the screen ,so if people who are trained to sell the product miss it how are people who aren't trained in selling it expected to know about it . I also asked for a service access request so they'd have to send me  copies of all the emails/phonecalls etc that had been made between myself and octopus . I also emailed the legal department of octopus and asked for an address to send a pre action protocol to . The day after I got a phonecall from a lady who had offered me £30 and a apology five months ago and now she was offering to swap me to the fixed option of the deal , refund the difference to last year and she did say she would extend it to 2024 instead of 2023 at last year's rates ( she hasn't done that bit yet though ,so I'm going to keep on till I get it ). She said it was apparently better for me so I wouldn't have to go to court ,but the way I see it if they were so sure I was wrong why ring up and offer after the ombudsman agreed with them . Anyway I took that option because going to court would of been to mush hassle and now my energy is sorted at a better price for at least a year . I hope this may help some people out because up until yesterday morning my streets level was going through the roof and I don't envy anyone stuck in that position 

Great news, does make you wonder how independent the Ombudsman actually are.  The fact they were not scared for you to escalate to them, but when you did the pre legal action, they **** their pants and caved.

Can I ask you what their legal email address is, also I will be doing a service access request myself.

I think the ombudsman probably have there hands tied , because I originally spoke to a man who was helpful in trying to suggest things but he couldn't actually do anything except agree with the company. The email is hellolegal@octoenergy.com. It was the call centre who I asked for the service access request but it was a pre action protocol that I mentioned to the legal department . I have to say though i didn't expect anyone to contact me and I was prepared to go to court . I basically thought I can't pay a £4000 energy bill so if I lose and get court fees added then they'll be trying to get blood from a stone because I couldn't of afforded either. 

energymatters

I'm commenting to support the action to escalate to the ombudsman.  There are a lot of unhelpful comments in this thread and have no idea why so many people seem to be on the side of the energy company!  They've miss-sold this product to a number of customers, but there are some who did get the correct information about the tariff.  In my case none of the documentation says the tariff is a tracker tariff, and the company need to do better at clear messaging so that customers know what they're signing up for.

I've gone to the Ombudsmen and an employee there said what the energy company is claiming is not valid.  What's in your paperwork is.

1. Check the information in your welcome email: Ts&Cs and the welcome pack.  Check to see if it says anything about matching the price cap.  In my documentation there was no reference to tracking against the price cap, and said "fixed" everywhere with nothing to say Fixed term/fixed to price cap.  If you see similar continue to next step
2. Complain to octopus: hello@octopus.energy and issueresolution@octopus.energy
3. They will reply saying what the commenters said above in the thread.
4. After 8 weeks you can go to Ombudsman, or if they send you a deadlock letter.  That sounds bad, but you don't have to be back-and-forth replying every day, the odd email every week or few will do.  Whilst your complaint is ongoing, whichever energy supplier you're with will be charging the same or more. Be prepared for them to offer tariffs that are more than double the price you pay now.  They will likely continue to offer unsuitable resolutions, just tell them it's not a reasonable solution for your complaint.
   
5. Go to the Ombudsman website and answer the questions. I suggest uploading your welcome pack, Ts&Cs, the first bill and the latest bill in order to speed up your application.  Once you submit it within a short time they will call you back and ask for more details. They will advise on likely outcomes.

www.ombudsman-services.org

www.which.co.uk/consumer-rights/advice/how-to-complain-to-an-ombudsman-acMZP3y63dF0

If you are in trouble financially then also engage with Octopus to see how they can reduce payments. octopus.energy/blog/struggling-to-pay/

Report

pochase

So has the Ombudsman decided in your favour?

TimSynths

pochase said:

So has the Ombudsman decided in your favour?

We may never know since the OP hasn't been back since October 14th 2021.

pochase

I have answered to a post that posted at 5.10pm today advising to complain to the ombudsman.

rnicho99

I have the exact same issue. I have just submitted a complaint to them as i was never informed that would increase. I also didnt know it had increased as i didnt receive any emails from them to inform me of the new prices

mark_beckwith

I'm really late to the party here and might have missed this in the thread....but our Welcome Letter states Tariff Type = "Fixed". Does this mean they should honour the rates that applied to this tariff when we signed up in Aug 2021?

Chrysalis

Dr75 said:

Chrysalis said:

Dr75 said:

Just a update on my particular case . The ombudsman sided with octopus then rejected my appeal and then I received another email from octopus asking if I wanted to accept the offer of £100 and an apology . I decided to reject it , I informed them of the people who had been put on the fixed option of the deal because the call centre staff apparently must of missed the check tariff part on the screen ,so if people who are trained to sell the product miss it how are people who aren't trained in selling it expected to know about it . I also asked for a service access request so they'd have to send me  copies of all the emails/phonecalls etc that had been made between myself and octopus . I also emailed the legal department of octopus and asked for an address to send a pre action protocol to . The day after I got a phonecall from a lady who had offered me £30 and a apology five months ago and now she was offering to swap me to the fixed option of the deal , refund the difference to last year and she did say she would extend it to 2024 instead of 2023 at last year's rates ( she hasn't done that bit yet though ,so I'm going to keep on till I get it ). She said it was apparently better for me so I wouldn't have to go to court ,but the way I see it if they were so sure I was wrong why ring up and offer after the ombudsman agreed with them . Anyway I took that option because going to court would of been to mush hassle and now my energy is sorted at a better price for at least a year . I hope this may help some people out because up until yesterday morning my streets level was going through the roof and I don't envy anyone stuck in that position 

Great news, does make you wonder how independent the Ombudsman actually are.  The fact they were not scared for you to escalate to them, but when you did the pre legal action, they **** their pants and caved.

Can I ask you what their legal email address is, also I will be doing a service access request myself.

I think the ombudsman probably have there hands tied , because I originally spoke to a man who was helpful in trying to suggest things but he couldn't actually do anything except agree with the company. The email is hellolegal@octoenergy.com. It was the call centre who I asked for the service access request but it was a pre action protocol that I mentioned to the legal department . I have to say though i didn't expect anyone to contact me and I was prepared to go to court . I basically thought I can't pay a £4000 energy bill so if I lose and get court fees added then they'll be trying to get blood from a stone because I couldn't of afforded either. 

My own case has been dealt with now, the Ombudsman didnt need to do anything, but the fact the process exists got me a resolution, a large settlement (bill correction), but only the compensation was detailed on the ombudsman itself, the rest was agreed over a phone call and I waited for them to credit me before signing it off.

So anyone in this thread if you have an issue where you feel you not been treated seriously, escalate it, and if the ombudsman doesnt settle it for you be prepared to go legal.  Dont settle for deriosry treatment.

bellybee

Just wanted to say I have finally had a response from Ombudsman which was then appealed by Octopus and then upheld and Octopus have had to apply a large credit to my bill and issue a £50 goodwill gesture and an apology it is worth fighting. Just a bit of background for you all. 
We signed up in September 2021 online. I only ever select fixed term tariffs so cannot imagine I'd ever sign up for this variable cap thing. We got the welcome pack clearly stating fixed tariff and unit price won't change. All bills stated fixed till September 2023 until August this year where it suddenly disappeared. I sent several emails that went unanswered and finally contacted on twitter. Was given all rubbish about it being variable despite me referring back to letter. Said that was an error offered £50 I refused and pushed for tariff to be implemented. Got lots of push back. Logged complaint and contacted CEO got offered £200 and told that was generous and Ombudsman would only give me £50. They tried to make me wait 8 weeks I insisted on a deadlock letter being issued. Raised with Ombudsman detailed all my evidence and complaint to Octopus. Eventually got a call from Ombudsman they said there was no way they couldn't agree with me after seeing the letter. Guy calculated what I was owed which I challenged as there had been another increase. He recalculated but in meantime Octopus appealed. Ombudsman upheld decision but I only got lower amount which I am now challenging. 
Do keep fighting it's hard and stressful but we shouldn't be bamboozled by these companies. If I can help anyone let me know. 

Unclefoobar

bellybee said:

Just wanted to say I have finally had a response from Ombudsman which was then appealed by Octopus and then upheld and Octopus have had to apply a large credit to my bill and issue a £50 goodwill gesture and an apology it is worth fighting. Just a bit of background for you all. 
We signed up in September 2021 online. I only ever select fixed term tariffs so cannot imagine I'd ever sign up for this variable cap thing. We got the welcome pack clearly stating fixed tariff and unit price won't change. All bills stated fixed till September 2023 until August this year where it suddenly disappeared. I sent several emails that went unanswered and finally contacted on twitter. Was given all rubbish about it being variable despite me referring back to letter. Said that was an error offered £50 I refused and pushed for tariff to be implemented. Got lots of push back. Logged complaint and contacted CEO got offered £200 and told that was generous and Ombudsman would only give me £50. They tried to make me wait 8 weeks I insisted on a deadlock letter being issued. Raised with Ombudsman detailed all my evidence and complaint to Octopus. Eventually got a call from Ombudsman they said there was no way they couldn't agree with me after seeing the letter. Guy calculated what I was owed which I challenged as there had been another increase. He recalculated but in meantime Octopus appealed. Ombudsman upheld decision but I only got lower amount which I am now challenging. 
Do keep fighting it's hard and stressful but we shouldn't be bamboozled by these companies. If I can help anyone let me know. 

Good result, better than mine.

Same situation, never (knowingly) signed up for a variable deal in the past.

No evidence from Octopus to prove I was made aware it was a variable deal at the point of signing, just the follow up email stating it was fixed.

Numerous complaints to Octopus but only offer was £50

Complained to Ombudsman who sided with Octopus, appealed and they sided with Octopus again (albeit with the offer of £75 compensation and a letter of apology).

I rejected their decision and offer of 'compensation' in order to reserve the right to proceed further through the courts if necessary.