Back-Billing Rule, No Gas bill from British Gas for 3 years

dave77238u38

Let me be clear here. 

I have never obstructed British gas from requiring a meter reading.  They have never asked or sent anyone around to take a reading. There is no legal requirement for the consumer to send readings to their supplier voluntarily,   

But saying that, It is a legal requirement to let a meter reader in if the supplier has requested a reading to be taken at least once a year.
If the supplier demands meter readings more than once within a one year period you have a right to refuse entry.

I have not been Unreasonable either, Once I was aware that the gas meter was not requesting payment to be topped up, I called British Gas to inform them, "I was told that the new Gas meter was installed and set-up as a standard meter (no longer pre-pay), I was asked "if I was ok with this, and I would now be receiving a gas bill every quarter, "  to which I agreed.

I have never received a bill or refused to pay a bill, They have not sent me a statement of account, or told me that moneys are overdue/owed or to be paid. 

British gas is a multi-billion-pound company, it’s not down to me to sort out their database or billing system.

As far as I can see I have not been obstructive, Unreasonable, refused to pay on request or refused entry to a meter reader.


If, and when they manage to sort their error out I will pay the bill, But only under the terms of the Back-Billing Rule.

  

MWT

dave77238u38 said:

As far as I can see I have not been obstructive, Unreasonable, refused to pay on request or refused entry to a meter reader.

If you feel it is entirely reasonable to be aware that you are not being billed, and to be aware that there is an error on your account but to say nothing for years, then there isn't really much else we can do to help at this point...

pochase

You can just sit back and hope that BG will never find the problem. Or own up and contact them make them aware that there is a problem and negotiate a financial solution.

If you would have been charged gas for your gas, you would have done a meter reading in March to avoid being charged the higher April readings. And if the estimates would have been to your disadvantage you would have submitted meter readings, and not waited for them to ask you to submit a reading.

[Deleted User]

Hi,

if you're happy with the back billing rule then why tell them now, after 3 years, if you wait until they contact you about it, if ever, you will still only have 12 months to pay.

dave77238u38

MWT said:

dave77238u38 said:

As far as I can see I have not been obstructive, Unreasonable, refused to pay on request or refused entry to a meter reader.

If you feel it is entirely reasonable to be aware that you are not being billed, and to be aware that there is an error on your account but to say nothing for years, then there isn't really much else we can do to help at this point...

You have miss understood my point, I posted here to see if the Back-Billing Rules would apply in my case, I just wanted someone else's view on the facts.

Regarding if I "feel it is entirely reasonable"  to not informing BG to their error is irrelevant.  

Feelings don’t come in to it, morally yes, I should inform BS to their error. But legally there is nothing written into law or any statue compelling me to do so.

So, relying solely on the law/statue in place I personally believe that the Back-Billing Rule would apply putting all feeling and morals to the side.

Unreasonable behaviour includes:  

• not allowing the supplier access to read your meters without a good reason

• stealing electricity or gas (interfering with a meter)

pochase

This is also part of the Ofgem back billing information page

If you haven't had an energy bill in over a year

To help your supplier send you accurate bills, try to:

• provide regular meter readings
• tell them when you are moving in or out of a property.
• think about getting a smart meter.

MWT

dave77238u38 said:

So, relying solely on the law/statue in place I personally believe that the Back-Billing Rule would apply putting as feeling and morals.

As long as you do not behave unreasonably then yes, I do think the back-billing rules will apply.

I would not however suggest that it is reasonable to fail to raise the matter with BG, so you do have to be careful in wishing to rely on the rules to protect you from back-billing while selectively ignoring the corresponding obligation to behave reasonably, and that is a requirement under the rules -

"They may not apply if you have behaved obstructively or unreasonably, preventing accurate billing."

Ofgem introduced the rules to prevent bill-shock for customers from unexpected retrospective corrections and adjustments by suppliers... the rules were not put in place to permit customers to knowingly avoid payment due to supplier errors.

You will most likely benefit from the rules anyway, but the longer you knowingly allow this to continue the less likely it is that your behaviour can be construed as 'reasonable'...

Cardew

dave77238u38 said:

Feelings don’t come in to it, morally yes, I should inform BS to their error. But legally there is nothing written into law or any statue compelling me to do so.

So, relying solely on the law/statue in place I personally believe that the Back-Billing Rule would apply putting all feeling and morals to the side.

I understand your argument, however IMO it is not a 'law/statute' but a code of conduct.

Should BG - or a Debt collection Agency(DCA)  - ever take the matter to court I suspect you would lose.

dave77238u38

pochase said:

This is also part of the Ofgem back billing information page

If you haven't had an energy bill in over a year

To help your supplier send you accurate bills, try to:

• provide regular meter readings
• tell them when you are moving in or out of a property.
• think about getting a smart meter.

Updated June 2022

 

Ofgem's back billing rules do not apply when customers have been wilfully obstructive or have displayed unreasonable behaviour.

If a customer is at fault, the supplier can pursue their debts with a back bill. The supplier needs to demonstrate the customer was unreasonable and provide evidence of it.

There are two distinct scenarios mentioned by Ofgem where the customer would be fault:

·        The customer behaves unlawfully by deliberately stealing energy.

·        The customer denies a supplier physical access to check the meter without good reason.

Energy providers raised concerns during Ofgem's consultation into back billing that customers' failing to provide meter readings either deliberately or through their own inaction could make it difficult for suppliers to bill accurately.

Ofgem responded to this by saying their expected suppliers to work proactively with customers to obtain meter readings, with the backstop being that suppliers should engage with the customer to gain physical access to the property. If a customer obstructs that, they would be behaving unreasonably as per the guidance above.

 

dave77238u38

Cardew said:

dave77238u38 said:

Feelings don’t come in to it, morally yes, I should inform BS to their error. But legally there is nothing written into law or any statue compelling me to do so.

So, relying solely on the law/statue in place I personally believe that the Back-Billing Rule would apply putting all feeling and morals to the side.

I understand your argument, however IMO it is not a 'law/statute' but a code of conduct.

Should BG - or a Debt collection Agency(DCA)  - ever take the matter to court I suspect you would lose.

Updated June 2022

 

Ofgem's back billing rules do not apply when customers have been wilfully obstructive or have displayed unreasonable behaviour.

If a customer is at fault, the supplier can pursue their debts with a back bill. The supplier needs to demonstrate the customer was unreasonable and provide evidence of it.

There are two distinct scenarios mentioned by Ofgem where the customer would be fault:

·        The customer behaves unlawfully by deliberately stealing energy.

·        The customer denies a supplier physical access to check the meter without good reason.

Energy providers raised concerns during Ofgem's consultation into back billing that customers' failing to provide meter readings either deliberately or through their own inaction could make it difficult for suppliers to bill accurately.

Ofgem responded to this by saying their expected suppliers to work proactively with customers to obtain meter readings, with the backstop being that suppliers should engage with the customer to gain physical access to the property. If a customer obstructs that, they would be behaving unreasonably as per the guidance above.