What action can I take for not receiving a bill?

smellymel74

My electric supplier is licensed exempt so not covered by ofgem (I live in a park home). The supplier hired a contractor to supply my bills but they haven’t provided anything for 16 months. I’ve requested this multiple times in writing (politely) but never get a response - instead I just get a letter telling me to pay an amount or I’ll be disconnected. I refused to pay until I got a bill & I’ve been cut off 3 times but then forced to pay to be reconnected each time - still with no bill ever provided. I’ve not received a bill now for 16 months have paid over £1500 but have no idea what for or if it’s accurate! 

The supplier (site owner) just ignores me and as they aren’t within Ofgem’s remit, I can’t go there. The police and local council aren’t interested (they say I it’s a civil matter). I have no contract with the contractor directly so they also ignore me. I have reported to trading standards through CAB but heard nothing back. 

I’m now thinking action under consumer protection law is the only way to go - the site owner is failing to provide a service with reasonable care and skill I think, though there may be other consumer rules - suggestions welcome! 

Has anyone done this themselves? Or do I need a solicitor to do it for me? (costs would likely be prohibitive). The CAB hasn’t been helpful as the consumer dept says it’s an energy issue & the energy dept says it’s a consumer issue because neither understand the situation on park homes so I’m looking for advice from anyone who’s taken any service provider to court for a consumer protection issue. How difficult is it really?? 

To be clear I don’t want money out of this, I just want to receive monthly bills (backdated & going forward) so I can understand what I’m being charged & check against my meters. TIA! 

eskbanker

smellymel74 said:

My electric supplier is licensed exempt so not covered by ofgem (I live in a park home). The supplier hired a contractor to supply my bills but they haven’t provided anything for 16 months.

[...]

The supplier (site owner) just ignores me and as they aren’t within Ofgem’s remit, I can’t go there. The police and local council aren’t interested (they say I it’s a civil matter). I have no contract with the contractor directly so they also ignore me. I have reported to trading standards through CAB but heard nothing back. 

I’m now thinking action under consumer protection law is the only way to go - the site owner is failing to provide a service with reasonable care and skill I think, though there may be other consumer rules - suggestions welcome! 

Which contracts do you have, i.e. is everything covered by your main contract with the site owner or do you also have a separate one with the electricity supplier?

It sounds to me like this is simply a contractual dispute if your situation isn't covered by utility billing regulations, so I'd assume that it'll depend on whether or not the provision of detailed bills is promised in your contract(s)?

smellymel74 said:

I just want to receive monthly bills (backdated & going forward) so I can understand what I’m being charged & check against my meters. TIA! 

Not sure that you're entitled to monthly bills as such if you're outside Ofgem's jurisdiction, but is the site owner not even prepared to divulge the tariff, which would allow you to calculate costs from meter readings?

https://www.ofgem.gov.uk/information-consumers/energy-advice-households/advice-park-home-residents confirms that

You have a right to see documentation between the reseller and the energy supplier.

• This includes a breakdown of the rates, for example, for a bill or a contract.
• You also have a right to know the methodology used to calculate residents' charges. 

ArbitraryRandom

Same issue as https://forums.moneysavingexpert.com/discussion/6504714/supplier-provides-inaccurate-bills#latest on the energy board. 

As I posted on that thread: 

First question would be the amounts we're talking about - which would determine which track it's allocated by the court and (subject to an assessment of the complexity of the case) ability to reclaim legal fees if you win/risk of being ordered to pay the other sides costs if you lose. 

If it's a fairly small amount (less than £10k) and it's a simple case (you can provide clear evidence for your calculations/arguing your position) then it would seem a fairly standard contractual dispute (not consumer protection per se) and I can't see there'd be a need for legal advice. 

The second (and more important) question would be what you would actually seek to claim... civil suits in the UK are primarily for remedying harm, so the clear claim would be for any the return of any overpayment or any losses you've incurred as a result of your supplier failing to comply with the contract (such as the reconnection fee if you were incorrectly disconnected). You generally can't claim for things like the time you've taken to resolve the issue, but you can claim for any costs associated with bringing the claim (your filing and court fee, plus any travel costs if you need to attend a hearing).  

The key documents would be your contract (and details of any admin costs etc), extracts from the relevant relating to energy reselling, any documents you've had from your landlord illustrating the rate they pay (to show the rate they're allowed to charge), the bills/charges you received and related correspondence, any evidence you have of your readings, and a sheet with your calculation of what your bill should be/how you reached your claim amount. 

smellymel74

@eskbanker thanks! you’re correct & it’s technically a contractual dispute as my leaseholder is my supplier & it’s all covered in my contract. But it’s become more complicated than that! My contract says quarterly bills paid in arrears. Frankly I’d be happy with that - all I want is an actual bill showing readings, tariff, charges so I can check.

I originally went to a property tribunal about this issue. The panel ruled the leaseholder/supplier had to provide monthly itemised bills with this info but the leaseholder/supplier has ignored this completely and continue to demand random amounts and disconnect me if I don’t pay this. No bills for 16 months so far despite the tribunal ruling in October 2023.

I’m just trying to find another way to be issued with bills so I know what I’m paying for as the leaseholder/supplier seems intent on ignoring the tribunals ruling & there’s not much they seem to be able to do about that

smellymel74

@ArbitraryRandom that’s helpful thanks I’m not concerned (yet anyway) about claiming anything back - I simply don’t know if I’ve been overcharged yet as the leaseholder/supplier hasn’t provided any bills to me at all for 16 months (some of my neighbours have had bills but they’re inaccurate). 

All i really want is to receive bills/invoices with meter readings, dates, tariffs, charges so I know what I’m being forced to pay for. From there I can check if what I’m being charged is accurate and I may consider a claim but it’s a bill that I really want - I’m currently being held hostage under constant threat of disconnect if I don’t pay amounts that I’m told I owe without any invoice or evidence provided to show the amounts it’s claimed I owe. 

ArbitraryRandom

Hmm... I'm trying to logically work this through (but it's late, so please excuse if this is a little incoherent). 

The only real option you seem to have is next time you have a bill, make it clear you are happy to pay what you owe but are unwilling to do so without evidence of the rate charged and how the bill is calculated - include reference to the ofgem guidance on reselling and your right to this information. 

Predictable result: Be disconnected (again); which puts your landlord in breach of contract (you have a right to request a breakdown of the bill as per the ofgem guidance), meaning you could then take your landlord to court for a non-monetary claim (not small claims in the first instance) of being reconnected and providing the information. Then you can follow up at a later date once you have the information with a money claim. 

Possible alternative If you live on a residential site, you may also be able to report the disconnection to the council housing department (cutting off your power when you are not refusing to pay but made a reasonable request for billing information you are entitled to receive would seem to be unlawful harassment, potentially an attempt at unlawful eviction if the intent is to pressure you to end your tenancy by your landlord under tenant protection laws). Shelter might be able to help with that?

Whatever you do, you may need to be mindful of the risk of retaliatory eviction (not sure how it works with park homes?) and it would be a good idea if you could speak to the other residents and maybe take a collective action (write a joint letter) in the first instance...? 

smellymel74

@ArbitraryRandom - not at all incoherent, thank you Unfortunately I’ve already done most of that to no avail (as have several neighbours in the same boat). 

Sent letters offering to pay once an invoice is received. No invoice & was disconnected. Then I actually paid half what was demanded, saying I’d pay the rest on receipt of an invoice. No invoice & was disconnected. 

So I could already take action at a property tribunal (the usual route for residential park home disputes) about these disconnections as you say, but that would take months and the leaseholder/supplier has already ignored tribunal orders so would likely do so again and not produce invoices = back to where I am now.

I’ve tried the council too - they see it as a civil dispute - me not paying bills. I’ve explained I haven’t received a bill but while they’re sympathetic (they have ongoing issues with the leaseholder over several matters), they say it’s outside their remit so can’t do anything. I agree with your argument that it’s harassment but I can’t seem to convince them. 

As for retaliatory action, eviction isn’t easy if you own the park home as I do thankfully - as long as I pay my monthly ground rent (which is not disputed) and keep the place is good repair (it is), the leaseholder can’t do much there. The no-bill-threaten-disconnect cycle continues though

I just want bills and I’m sure they’re not providing them on purpose now just so they can keep disconnecting me and forcing me to pay to be reconnected again until I eventually give up as there’s seemingly nothing else I can do to make them give me a bill. I can’t believe this behaviour isn’t against some consumer or trading law or other but I’m stumped. 

RefluentBeans

What do the current invoices look like? Are they all the same amount - say £100 a month but every month, or are the amounts varying? Have they ever said why they don’t give out unit costs? Given you’ve been complaining for 16 months, I find it odd that they haven’t given even a simple explanation of why they don’t give the information out? 

Going forward - what’s the process for enforcing the tribunal outcome? Can you go back to the tribunal convenors and ask them what the enforcement process is? I assume this was a formal tribunal (not a tribunal that just offers ‘advice’ but no binding decisions)? Also - did the reseller put forward any defence for the tribunal? 

smellymel74

RefluentBeans said:

What do the current invoices look like? Are they all the same amount - say £100 a month but every month, or are the amounts varying? Have they ever said why they don’t give out unit costs? Given you’ve been complaining for 16 months, I find it odd that they haven’t given even a simple explanation of why they don’t give the information out? 

Going forward - what’s the process for enforcing the tribunal outcome? Can you go back to the tribunal convenors and ask them what the enforcement process is? I assume this was a formal tribunal (not a tribunal that just offers ‘advice’ but no binding decisions)? Also - did the reseller put forward any defence for the tribunal? 

@RefluentBeans. There are NO invoices - that’s my point really. I haven’t received a single invoice. Instead months go by then I receive a letter that says you owe £X and will cut off if you don’t pay by [date]. The letter contains no meter readings, no tariff info, no calculations, nothing - just a letter quoting an amount. What I want is something that contains the basic info on usual invoices/bills as at present I’ve no idea if what I’m being told i ‘owe’’ is correct or not and I can’t check. 

My leaseholder/supplier is a crook and I strongly suspect they’re overcharging us and that’s why they won’t provide the info requested. The tribunal was a formal property tribunal and the decision legally binding _but_ has little in the way of enforcement powers unfortunately. The leaseholder/supplier gave no reasons for failing to provide bills which is partly why they lost I suspect.

 What I’m looking for is another way beyond a tribunal to force them to provide invoices/bills - under consumer protection law maybe as they’re not providing billing services (at all and certainly not with reasonable care and skill) but I’ve no idea if this is possible. 

QrizB

smellymel74 said:

What I’m looking for is another way beyond a tribunal to force them to provide invoices/bills - under consumer protection law maybe as they’re not providing billing services (at all and certainly not with reasonable care and skill) but I’ve no idea if this is possible. 

I'm not really recommending this as an approach, but if you don't pay and they take you to court they'll have to provide proof of the debt.

smellymel74

QrizB said:

smellymel74 said:

What I’m looking for is another way beyond a tribunal to force them to provide invoices/bills - under consumer protection law maybe as they’re not providing billing services (at all and certainly not with reasonable care and skill) but I’ve no idea if this is possible. 

I'm not really recommending this as an approach, but if you don't pay and they take you to court they'll have to provide proof of the debt.

Good point. The problem is that’s take months/years & I’d be disconnected the whole time so wouldn’t be able to live here. Fact is I don’t know if there’s a debt or not (though likely I’m being over not under charged) as they won’t provide invoices to show my usage. Madness that there’s nothing I can seemingly do about this without going to court and waiting aeons for that resolution!