Fixed price deal tariff being increased

bellybee

Sorry to hear that I would recommend starting the pre legal action as I know others on here have had success with that. Its so frustrating every one is treated differently 

MWT

This one has been a mess from the start as it was never intended to be a fixed tariff, but the wrong information was sent out on the 'welcome' email.

So I'm not entirely surprised that the results from the Ombudsman have been mixed.

rnicho99

Hi, I have the same issue. I have just spoken with the ombudsmen, and they agreed with my claim. However, they have said the maximum fine they can pay is £125 which is nowhere near the extra costs I have incurred. Can anyone help with where I go now with this. I have seen people suggest getting a solicitor, but I have no idea where to start with this.

The difference with my case is I signed up over the phone, and they didn't mention that the price changes they have admitted this on one of my email correspondence with their complaints team. However, when their complaints team contacted me they told me "we are just going to tell the ombudsmen that you signed up online" which they did right underneath the email saying i did it over the phone.

Any help or advice anyone can offer would be much appreciated.

Thanks

[Deleted User]

rnicho99 said:

Hi, I have the same issue. I have just spoken with the ombudsmen, and they agreed with my claim. However, they have said the maximum fine they can pay is £125 which is nowhere near the extra costs I have incurred. Can anyone help with where I go now with this. I have seen people suggest getting a solicitor, but I have no idea where to start with this.

The difference with my case is I signed up over the phone, and they didn't mention that the price changes they have admitted this on one of my email correspondence with their complaints team. However, when their complaints team contacted me they told me "we are just going to tell the ombudsmen that you signed up online" which they did right underneath the email saying i did it over the phone.

Any help or advice anyone can offer would be much appreciated.

Thanks

The Ombudsman doesn’t issue fines: it is not a Regulator. The £125 would be regarded as a ‘goodwill payment’ for customer service failings. If you have lost out financially, then The Ombudsman would normally expect the supplier to cover the extra costs that you incurred in addition to the goodwill payment. For example, correcting an erroneous bill. What was The Ombudsman’s Final Decision (written) on your case: if you have actually submitted one?

If you can demonstrate that you have actually incurred a financial loss then normally you would make a claim in the Small Claims Court (no solicitor needed). You can use The Ombudsman’s Final Decision in support of your case. However, before you do so you need to be 100% sure of your facts. If your case is thrown out you might up paying the supplier’s legal fees.

rnicho99

Dolor said:

rnicho99 said:

Hi, I have the same issue. I have just spoken with the ombudsmen, and they agreed with my claim. However, they have said the maximum fine they can pay is £125 which is nowhere near the extra costs I have incurred. Can anyone help with where I go now with this. I have seen people suggest getting a solicitor, but I have no idea where to start with this.

The difference with my case is I signed up over the phone, and they didn't mention that the price changes they have admitted this on one of my email correspondence with their complaints team. However, when their complaints team contacted me they told me "we are just going to tell the ombudsmen that you signed up online" which they did right underneath the email saying i did it over the phone.

Any help or advice anyone can offer would be much appreciated.

Thanks

The Ombudsman doesn’t issue fines: it is not a Regulator. The £125 would be regarded as a ‘goodwill payment’ for customer service failings. If you have lost out financially, then The Ombudsman would normally expect the supplier to cover the extra costs that you incurred in addition to the goodwill payment. For example, correcting an erroneous bill. What was The Ombudsman’s Final Decision (written) on your case: if you have actually submitted one?

If you can demonstrate that you have actually incurred a financial loss then normally you would make a claim in the Small Claims Court (no solicitor needed). You can use The Ombudsman’s Final Decision in support of your case. However, before you do so you need to be 100% sure of your facts. If your case is thrown out you might up paying the supplier’s legal fees.

Thanks for the advice. I will have a look into how to submit a claim with small claims court now. I have been sent the decision from the ombudsman service now and it's awaiting my response to accept, challenge or decline their decision.

[Deleted User]

rnicho99 said:

Dolor said:

rnicho99 said:

Hi, I have the same issue. I have just spoken with the ombudsmen, and they agreed with my claim. However, they have said the maximum fine they can pay is £125 which is nowhere near the extra costs I have incurred. Can anyone help with where I go now with this. I have seen people suggest getting a solicitor, but I have no idea where to start with this.

The difference with my case is I signed up over the phone, and they didn't mention that the price changes they have admitted this on one of my email correspondence with their complaints team. However, when their complaints team contacted me they told me "we are just going to tell the ombudsmen that you signed up online" which they did right underneath the email saying i did it over the phone.

Any help or advice anyone can offer would be much appreciated.

Thanks

The Ombudsman doesn’t issue fines: it is not a Regulator. The £125 would be regarded as a ‘goodwill payment’ for customer service failings. If you have lost out financially, then The Ombudsman would normally expect the supplier to cover the extra costs that you incurred in addition to the goodwill payment. For example, correcting an erroneous bill. What was The Ombudsman’s Final Decision (written) on your case: if you have actually submitted one?

If you can demonstrate that you have actually incurred a financial loss then normally you would make a claim in the Small Claims Court (no solicitor needed). You can use The Ombudsman’s Final Decision in support of your case. However, before you do so you need to be 100% sure of your facts. If your case is thrown out you might up paying the supplier’s legal fees.

Thanks for the advice. I will have a look into how to submit a claim with small claims court now. I have been sent the decision from the ombudsman service now and it's awaiting my response to accept, challenge or decline their decision.

What does it say about the supplier correcting any billing anomalies?  If you decline the Final Decision then your complaint is effectively struck out: that is, neither the supplier nor The Ombudsman will take any further action. If you go to Court, the supplier can still refer to the Decision that you declined to accept as part of its defence against your claim. 

rnicho99

Dolor said:

rnicho99 said:

Dolor said:

rnicho99 said:

Hi, I have the same issue. I have just spoken with the ombudsmen, and they agreed with my claim. However, they have said the maximum fine they can pay is £125 which is nowhere near the extra costs I have incurred. Can anyone help with where I go now with this. I have seen people suggest getting a solicitor, but I have no idea where to start with this.

The difference with my case is I signed up over the phone, and they didn't mention that the price changes they have admitted this on one of my email correspondence with their complaints team. However, when their complaints team contacted me they told me "we are just going to tell the ombudsmen that you signed up online" which they did right underneath the email saying i did it over the phone.

Any help or advice anyone can offer would be much appreciated.

Thanks

The Ombudsman doesn’t issue fines: it is not a Regulator. The £125 would be regarded as a ‘goodwill payment’ for customer service failings. If you have lost out financially, then The Ombudsman would normally expect the supplier to cover the extra costs that you incurred in addition to the goodwill payment. For example, correcting an erroneous bill. What was The Ombudsman’s Final Decision (written) on your case: if you have actually submitted one?

If you can demonstrate that you have actually incurred a financial loss then normally you would make a claim in the Small Claims Court (no solicitor needed). You can use The Ombudsman’s Final Decision in support of your case. However, before you do so you need to be 100% sure of your facts. If your case is thrown out you might up paying the supplier’s legal fees.

Thanks for the advice. I will have a look into how to submit a claim with small claims court now. I have been sent the decision from the ombudsman service now and it's awaiting my response to accept, challenge or decline their decision.

What does it say about the supplier correcting any billing anomalies?  If you decline the Final Decision then your complaint is effectively struck out: that is, neither the supplier nor The Ombudsman will take any further action. If you go to Court, the supplier can still refer to the Decision that you declined to accept as part of its defence against your claim. 

Here is the conclusion submitted by the ombudsman

"Conclusion

My findings are that Octopus Energy has acknowledged an error when advertising their Octopus Price Promise tariff, but has confirmed that further information on the tariff was available which provided additional detail regarding how this tariff operates at least £50.00 below the published Price Caps.

I am satisfied that you agreed this tariff over the telephone with Octopus Energy, as supported by an email that you have received from Octopus. This details that the sales agent confirmed the unit rates and standing charges but didn't explicitly lay out that the rates themselves are subject to change based on the Price Cap, which supports that the application was not made online (even though this is specifically an online tariff).

I have explained that I am not able to agree to your request for your account to be placed on the original quoted tariff prices and have highlighted that as this is a business decision of Octopus that this is outside of the Ombudsman Services remit.

However, I do feel that you have experienced shortfalls in service from Octopus Energy, that the service could have been significantly better, and I can appreciate how this has resulted in a great deal of distress and inconvenience for you. To address this, I have included remedy requirements for Octopus to provide an apology and apply a goodwill gesture which is more in keeping with the service you have received, and the detriment that this has caused you."

I am contacting octopus today to ask for their legal teams contact information and to do a subject access request. I have started the process of filling out the small claims court documents as well

MattMattMattUK

rnicho99 said:

I am contacting octopus today to ask for their legal teams contact information and to do a subject access request. I have started the process of filling out the small claims court documents as well

You do not need to contact their legal team for an SAR.
https://octopus.energy/policies/privacy-policy/

Any legal claim should be sent to their registered office.
Octopus Energy Ltd is a company registered in England and Wales.Registered number: 09263424.Registered office: UK House, 5th floor, 164-182 Oxford Street, London, W1D 1NN.

rnicho99

MattMattMattUK said:

rnicho99 said:

I am contacting octopus today to ask for their legal teams contact information and to do a subject access request. I have started the process of filling out the small claims court documents as well

You do not need to contact their legal team for an SAR.

Any legal claim should be sent to their registered office.
Octopus Energy Ltd is a company registered in England and Wales.Registered number: 09263424.Registered office: UK House, 5th floor, 164-182 Oxford Street, London, W1D 1NN.

Thanks for that. I was just getting the SAR from octopus and asking for the legal team's contact information separately. I also wanted them to know that i am planning to take it to court to see if it prompted them to give me a resolution before we get to that

MattMattMattUK

rnicho99 said:

MattMattMattUK said:

rnicho99 said:

I am contacting octopus today to ask for their legal teams contact information and to do a subject access request. I have started the process of filling out the small claims court documents as well

You do not need to contact their legal team for an SAR.

Any legal claim should be sent to their registered office.
Octopus Energy Ltd is a company registered in England and Wales.Registered number: 09263424.Registered office: UK House, 5th floor, 164-182 Oxford Street, London, W1D 1NN.

Thanks for that. I was just getting the SAR from octopus and asking for the legal team's contact information separately. I also wanted them to know that i am planning to take it to court to see if it prompted them to give me a resolution before we get to that

When you say "wanted them to know" do you mean a nicely worded letter? You specifically need to send them a Letter Before Action first, giving them time to respond, you need to give them a minimum of two weeks to respond to that before you commence court action.