Appealing an energy Ombudsman decision

Charleigh1

Hi,

I wonder if anyone can help!
I was a Utility Point customer that automatically got transferred over to EDF last year when they folded. I contacted EDF on 21st September to ask if I could switch to another company instead of coming to them, as there were still some cheaper fixed tariffs available. These tariffs were predicted to disappear soon so I didn't want to wait for the changeover to be completed before switching. EDF said that while a switch was not recommended at that point, I was within my rights to move to another supplier if I wanted to - it might just have needed a lot of chasing up to get it to go through successfully (a task I was willing to undertake).
BUT.... then they said that switching was unnecessary, as the fixed tariff I was on with Utility Point would be honoured when I came over. This didn't quite sound right so I checked and double checked that I'd heard her correctly, and she confirmed that, yes - they would honour the fixed tariff! So I accepted this information and asked her to put a note on my account about what she'd told me, which she did. I felt that this would protect me if I found out further down the line that this information had been incorrect.
Fast forward 2 months and I received an email detailing the STANDARD charges I would be on once my changeover was complete!!
 I was so annoyed, so I contacted EDF who fully admitted their error, logged a complaint, and eventually a manager called to offer me a £30 goodwill gesture - which I said I wasn't happy with. Altogether this year going off our usual usage, I predict that we will pay an extra £375 on our energy due to their mistake. So I took this further with the ombudsman. They have apparently 'decided in my favour' by instructing EDF to pay me £100! But this is way lower than the extra costs I will pay as a result of EDFs incompetence. 
So I'm at the point now where I'm considering taking this further to the small claims court. It seems that as we're on a low income this will be free for us to do. Has anyone had any experience of going to court after an ombudsman appeal? Do you think I'll have a good chance of getting the extra money I feel I'm owed? Or am I better just taking the £100 while it's on the table? It's just such a lot of money to walk away from. 

Thanks for reading! 

Carla

[Deleted User]

 Presumably you supplied The Energy Ombudsman with detailed evidence of your material loss? In my experience,  if The Energy Ombudsman accepts a complaint it will normally instruct the supplier to put things right and it will offer a small sum in the way of compensation. Have you accepted the Final Decision? If you have, then any case that you decide to bring against the supplier is fundamentally weakened as the supplier can use the Final Decision as part of its defence.

MattMattMattUK

The Ombudsman is almost always more generous than the courts, my opinion would be going to court would be a waste of time and money, if I were you I would take the £100. 

QrizB

Welcome to the forum.

Charleigh1 said:

Altogether this year going off our usual usage, I predict that we will pay an extra £375 on our energy due to their mistake.

I would be interested to know how you calculated this number.

If, for example, we look at this thread, the popular "Sainsbury's 2 yr fix & reward V18" was withdrawn on the 20th of September and replaced on the 21st (the day you phoned EDF) with the V19 version:

New Sainsbury's V19 Tariff fixed for 2 years £139.17 per month

• Electricity  22.595p per kWh
• Gas 4.472p per kWh

Those rates are higher than the October cap was, so to date you've paid less than you would have done on the best fix that was available on the 21st.

How do you get from there to claiming a £375 loss?

MattMattMattUK said:

The Ombudsman is almost always more generous than the courts, my opinion would be going to court would be a waste of time and money, if I were you I would take the £100. 

I would take the £100, too.

Charleigh1

Hi, QrizB said:

Welcome to the forum.

Charleigh1 said:

Altogether this year going off our usual usage, I predict that we will pay an extra £375 on our energy due to their mistake.

I would be interested to know how you calculated this number.

If, for example, we look at this thread, the popular "Sainsbury's 2 yr fix & reward V18" was withdrawn on the 20th of September and replaced on the 21st (the day you phoned EDF) with the V19 version:

New Sainsbury's V19 Tariff fixed for 2 years £139.17 per month

• Electricity  22.595p per kWh
• Gas 4.472p per kWh

Those rates are higher than the October cap was, so to date you've paid less than you would have done on the best fix that was available on the 21st.

How do you get from there to claiming a £375 loss?

MattMattMattUK said:

The Ombudsman is almost always more generous than the courts, my opinion would be going to court would be a waste of time and money, if I were you I would take the £100. 

I would take the £100, too.

Hi, Sorry for the late reply! And thanks so much for your advice.
We are a family of 6 so have a higher than average usage. I tried my best to work it out using our kwh usage and then also added a small amount on top as compensation for the time I've spent trying to resolve this, and the anxiety they've caused (one can only try!). I realise that up to the end March 2022, I'd have been paying a little over 10% more than the October 21 cap, had I just chosen one of the fixed tariffs available in September 21. But then from April 2022 onwards I'd have been drastically saving! And it was due to these price increases being predicted that I was anxious to get on a fixed rate. 
If EDF had fixed the tariff, as they promised to, until August 2022 I estimated I'd have saved overall around £350. If they hadn't given me that false info, I would have then chosen one of the other fixed tariffs available and had my prices fixed for up to 2 years through this crisis. As it stands, I got neither of those options as EDF lied to me, and I have been paying full whack ever since.
We're on a low income so if I do decide to take it to a small claims court I believe I wouldn't have to pay any fees. But I suppose the question is, will I be likely to gain any extra compensation? And if so, will it be an amount worth the hassle of going to court?

Thanks again for your help. 

Charleigh1

[Deleted User] said:

 Presumably you supplied The Energy Ombudsman with detailed evidence of your material loss? In my experience,  if The Energy Ombudsman accepts a complaint it will normally instruct the supplier to put things right and it will offer a small sum in the way of compensation. Have you accepted the Final Decision? If you have, then any case that you decide to bring against the supplier is fundamentally weakened as the supplier can use the Final Decision as part of its defence.

No we've not accepted the £100 yet. I've been appealing the decision first but to no avail as yet.