SSE was made my gas and electric provider without my consent 30 November 2022 at 3:32PM in Consumer rights 13 replies 653 views

Jay_Jay_Mo

Hi, if anyone could offer any advice with this issue I'd be really grateful!

A property that I rent out had the gas and electric provider changed from Octopus Energy, which I had instigated during a vacant period, to SSE which was done by a letting agent who no longer had responsibility for the property; they made the change weeks after the tenancy and their responsibility had ended so over riding the arrangement I had already put in place. Is this allowed and do I have any course for redress?

After numerous conversations with SSE when I was told the account would be closed down because of the error, I then received a letter from a debt collection agency asking for payment of the amount!

I've sent SSE an official complaint saying that I would never have chosen them as a provider, that their tariff may have been more than the one I chose with Octopus and questioning the legality of the setting up of the account but they are insisting I have to pay the debt collection agency but they will give me £30 for my trouble!

Can I do anything about this?

km1500

No it is not allowed  - they can (and do) do it whilst they manage the property but not once they have finished.

You need to complain to the agent and claim all your expenses from them for resolving this.

Call Octopus and tell them your account was moved without your consent and ask what they can do to get it back.

https://www.citizensadvice.org.uk/consumer/energy/energy-supply/problems-with-your-energy-supply/youve-been-switched-to-a-new-energy-supplier-without-your-agreement/#:~:text=Contact the supplier&text=It's usually quickest to call,ask them to reverse it.

molerat

Who was providing energy to the previous tenant ?  Did you contact that supplier when the tenant moved out ?

eddddy

It sounds like the key issue is whether the letting agent was acting as your agent at the relevant time.

Presumably at some point you had an legal agreement with the letting agent that they could act as your agent - which would probably allow them to change the electricity supplier.

• If that agency agreement was in force when the letting agent changed the electricity supplier - then Octopus and SSE followed legal instructions from your agent. So you have no basis for a dispute with Octopus and SSE. But maybe you have a basis for a dispute with the letting agent, for changing the supplier without your consent.

• But if that agency agreement had been terminated - then it sounds like Octopus and SEE were duped by the letting agent who misled them into believing they had authority to change electricity supplier. So Octopus and SSE have to put the situation right.

What does the letting agent say about this?

Jay_Jay_Mo

molerat said:

Who was providing energy to the previous tenant ?  Did you contact that supplier when the tenant moved out ?

I don't know who was supplying the tenant and unfortunately they moved back to Korea. I manage properties for my husband and usually I just contact the supplier I want to go with and they take it from there.  

Jay_Jay_Mo

eddddy said:

It sounds like the key issue is whether the letting agent was acting as your agent at the relevant time.

Presumably at some point you had an legal agreement with the letting agent that they could act as your agent - which would probably allow them to change the electricity supplier.

• If that agency agreement was in force when the letting agent changed the electricity supplier - then Octopus and SSE followed legal instructions from your agent. So you have no basis for a dispute with Octopus and SSE. But maybe you have a basis for a dispute with the letting agent, for changing the supplier without your consent.

• But if that agency agreement had been terminated - then it sounds like Octopus and SEE were duped by the letting agent who misled them into believing they had authority to change electricity supplier. So Octopus and SSE have to put the situation right.

What does the letting agent say about this?

The agreement with the letting agent wasn't in force as I had given them notice to end the contract when the tenancy agreement ended; they changed the supplier weeks after the tenant had left and also after I'd made my own arrangement with SSE so I think bad practice in not doing things in a timely manner is at the heart of this.  

I've avoided bringing the letting agents into it until now as I felt I had enough on battling with SSE but from the comments on the forum I think the letting agents are my next port of call.

Thank you for your advice.  

macman

Given that the only charges incurred if the property was vacant are standing charges, then the cost difference under the price cap would be trivial.
You certainly have a valid complaint against the agent, but you appear to have suffered no real financial loss-so what 'redress' are you expecting?

Jay_Jay_Mo

macman said:

Given that the only charges incurred if the property was vacant are standing charges, then the cost difference under the price cap would be trivial.
You certainly have a valid complaint against the agent, but you appear to have suffered no real financial loss-so what 'redress' are you expecting?

I think mainly that my credit rating may have been detrimentally affected but also the fact that the supplier was changed without my consent and that SSE staff were misleading when they spoke to me. One of their staff even said that a colleague I'd spoken to previously didn't know what they were doing and had probably lied just to get me off the phone.  SSE record their calls so they will know this was said.  The charges are also quite excessive for an empty property.

Jumblebumble

Jay_Jay_Mo said:

Hi, if anyone could offer any advice with this issue I'd be really grateful!

A property that I rent out had the gas and electric provider changed from Octopus Energy, which I had instigated during a vacant period, to SSE which was done by a letting agent who no longer had responsibility for the property; they made the change weeks after the tenancy and their responsibility had ended so over riding the arrangement I had already put in place. Is this allowed and do I have any course for redress?

After numerous conversations with SSE when I was told the account would be closed down because of the error, I then received a letter from a debt collection agency asking for payment of the amount!

I've sent SSE an official complaint saying that I would never have chosen them as a provider, that their tariff may have been more than the one I chose with Octopus and questioning the legality of the setting up of the account but they are insisting I have to pay the debt collection agency but they will give me £30 for my trouble!

Can I do anything about this?

Can I ask whose name has been given to SSE as the account holder
Can I also ask how it is that you were not notified about the change
There is no reason why your credit rating should be affected and if £30.00 covers the extra payments then you really dont have a problem if you have followed km1500's advice  and told Octopus that you have been illegally slammed 
Moaning at such an incompetent/dishonest letting agent is likely to lead to fobbing off

born_again

Jay_Jay_Mo said:

The agreement with the letting agent wasn't in force as I had given them notice to end the contract when the tenancy agreement ended; they changed the supplier weeks after the tenant had left and also after I'd made my own arrangement with SSE so I think bad practice in not doing things in a timely manner is at the heart of this.  

I've avoided bringing the letting agents into it until now as I felt I had enough on battling with SSE but from the comments on the forum I think the letting agents are my next port of call.

Thank you for your advice.  

So what date was the actual transfer requested on? Given it is around 21 days to complete a transfer from one supplier to another.
Would that drop in with agent still being in contract?

bris

You still owe the money to either SSE or Octopus, If the premises was vacant then all you are really paying is the daily charge.

These daily charges are all basically the same. 

The problem isn't the energy company, they got the go ahead from the letting agent, blame them.