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Tomato Energy (Electric Only Supplier) - Too Good To Be True ?

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  • masonic
    masonic Posts: 27,223 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 12 April at 11:52AM
    MWT said:
    Bendo said:
    I'd refuse to pay and complain to the ombudsman if it comes to it. Their incompetence resulting in inability to read a communicating smart meter is not a legitimate reason to bill at svr rates.
    Just be aware that if the worst happens and TE fail, the Ombudsman is not able to assist further with any open cases at the time, nor can it open new cases relating to the company in administration.
    From the Ombudsman website:
    "If a supplier ceases trading it is unable to fulfil its obligations as an energy supplier.

    The Energy Ombudsman will not consider disputes against a supplier that has ceased trading as the supplier will not able to implement resolutions or provide financial awards to consumers.

    For the same reasons, the Energy Ombudsman is not able to progress any cases currently open on its systems. Consumers who have a complaint about the failed supplier may wish to contact the administrator in an attempt to gain a resolution."

    What about if decision has been made? Would the administrator be expected to implement that?
    The decision might be accepted as proof of debt and you could join the other unsecured creditors. You may get some number of pennies in the pound of your claim if there were sufficient assets left over after repaying priority and secured creditors. Given what we know about the financial circumstances, it seems unlikely there would be any distribution to the unsecured creditors.
  • MWT
    MWT Posts: 10,257 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    MWT said:
    Bendo said:
    I'd refuse to pay and complain to the ombudsman if it comes to it. Their incompetence resulting in inability to read a communicating smart meter is not a legitimate reason to bill at svr rates.
    Just be aware that if the worst happens and TE fail, the Ombudsman is not able to assist further with any open cases at the time, nor can it open new cases relating to the company in administration.
    From the Ombudsman website:
    "If a supplier ceases trading it is unable to fulfil its obligations as an energy supplier.

    The Energy Ombudsman will not consider disputes against a supplier that has ceased trading as the supplier will not able to implement resolutions or provide financial awards to consumers.

    For the same reasons, the Energy Ombudsman is not able to progress any cases currently open on its systems. Consumers who have a complaint about the failed supplier may wish to contact the administrator in an attempt to gain a resolution."

    What about if decision has been made? Would the administrator be expected to implement that?

    To the best of my knowledge, no.
    Once the company is in administration and the supply licence terminated, the obligations to implement any Ombudsman decisions has ended.

  • bristolleedsfan
    bristolleedsfan Posts: 12,645 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    MWT said:
    Bendo said:
    I'd refuse to pay and complain to the ombudsman if it comes to it. Their incompetence resulting in inability to read a communicating smart meter is not a legitimate reason to bill at svr rates.
    Just be aware that if the worst happens and TE fail, the Ombudsman is not able to assist further with any open cases at the time, nor can it open new cases relating to the company in administration.
    From the Ombudsman website:
    "If a supplier ceases trading it is unable to fulfil its obligations as an energy supplier.

    The Energy Ombudsman will not consider disputes against a supplier that has ceased trading as the supplier will not able to implement resolutions or provide financial awards to consumers.

    For the same reasons, the Energy Ombudsman is not able to progress any cases currently open on its systems. Consumers who have a complaint about the failed supplier may wish to contact the administrator in an attempt to gain a resolution."

    What about if decision has been made? Would the administrator be expected to implement that?

    Whilst this article is 10 years old, there have been more recent reports of energy companies not implementing Energy Ombudsman decisions.

    https://www.theguardian.com/money/2015/jan/29/scottish-power-complain-ombudsman-ruling-uphold
  • Doc_N
    Doc_N Posts: 8,545 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    LMWT said:
    MWT said:
    Bendo said:
    I'd refuse to pay and complain to the ombudsman if it comes to it. Their incompetence resulting in inability to read a communicating smart meter is not a legitimate reason to bill at svr rates.
    Just be aware that if the worst happens and TE fail, the Ombudsman is not able to assist further with any open cases at the time, nor can it open new cases relating to the company in administration.
    From the Ombudsman website:
    "If a supplier ceases trading it is unable to fulfil its obligations as an energy supplier.

    The Energy Ombudsman will not consider disputes against a supplier that has ceased trading as the supplier will not able to implement resolutions or provide financial awards to consumers.

    For the same reasons, the Energy Ombudsman is not able to progress any cases currently open on its systems. Consumers who have a complaint about the failed supplier may wish to contact the administrator in an attempt to gain a resolution."

    What about if decision has been made? Would the administrator be expected to implement that?

    To the best of my knowledge, no.
    Once the company is in administration and the supply licence terminated, the obligations to implement any Ombudsman decisions has ended.

    It almost certainly goes beyond that, because the administrator has the responsibility of maximising the funds available to pay creditors. If there’s no legal requirement to pay, which there isn’t, the administrator could be accused by disgruntled creditors of acting unlawfully.
  • MWT
    MWT Posts: 10,257 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 12 April at 1:38PM
    Doc_N said:
    LMWT said:
    MWT said:
    Bendo said:
    I'd refuse to pay and complain to the ombudsman if it comes to it. Their incompetence resulting in inability to read a communicating smart meter is not a legitimate reason to bill at svr rates.
    Just be aware that if the worst happens and TE fail, the Ombudsman is not able to assist further with any open cases at the time, nor can it open new cases relating to the company in administration.
    From the Ombudsman website:
    "If a supplier ceases trading it is unable to fulfil its obligations as an energy supplier.

    The Energy Ombudsman will not consider disputes against a supplier that has ceased trading as the supplier will not able to implement resolutions or provide financial awards to consumers.

    For the same reasons, the Energy Ombudsman is not able to progress any cases currently open on its systems. Consumers who have a complaint about the failed supplier may wish to contact the administrator in an attempt to gain a resolution."

    What about if decision has been made? Would the administrator be expected to implement that?

    To the best of my knowledge, no.
    Once the company is in administration and the supply licence terminated, the obligations to implement any Ombudsman decisions has ended.

    It almost certainly goes beyond that, because the administrator has the responsibility of maximising the funds available to pay creditors. If there’s no legal requirement to pay, which there isn’t, the administrator could be accused by disgruntled creditors of acting unlawfully.
    Yes, the imperative for the administrators is to secure the most amount of money they can to pay the creditors in order of preference, and unsecured creditors are the lowest group and given the nature of most energy company failures there is often very little, if anything, for that last category.  ... the the administration costs are not low either ....

  • WBCPB
    WBCPB Posts: 493 Forumite
    Part of the Furniture 100 Posts Name Dropper Photogenic
    Has anyone who has been billed actually had the bill payment taken from their bank via D.D?
    My 1st bill for Feb still not taken by direct debit ( which is showing as set up and ready to go in online banking ).
  • masonic
    masonic Posts: 27,223 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    WBCPB said:
    Has anyone who has been billed actually had the bill payment taken from their bank via D.D?
    My 1st bill for Feb still not taken by direct debit ( which is showing as set up and ready to go in online banking ).
    Yes, payment for all three of my bills were taken by DD on the date I was advised.
  • WBCPB
    WBCPB Posts: 493 Forumite
    Part of the Furniture 100 Posts Name Dropper Photogenic
    masonic said:
    WBCPB said:
    Has anyone who has been billed actually had the bill payment taken from their bank via D.D?
    My 1st bill for Feb still not taken by direct debit ( which is showing as set up and ready to go in online banking ).
    Yes, payment for all three of my bills were taken by DD on the date I was advised.
    Strange as my due date on the email was 3rd April 2025, will give them another week ( hopefully!!  :'( ) i can always do a bank transfer if no D.D movement and they are still trading.
  • WibbleBaaaaaa
    WibbleBaaaaaa Posts: 72 Forumite
    10 Posts
    masonic said:
    WBCPB said:
    Has anyone who has been billed actually had the bill payment taken from their bank via D.D?
    My 1st bill for Feb still not taken by direct debit ( which is showing as set up and ready to go in online banking ).
    Yes, payment for all three of my bills were taken by DD on the date I was advised.

    Same here, bills on date, payment taken, mywatts fully up to date, even recent meter readings are appearing......but i am going to ride this out because the worse thing that can happen if they go down the toilet is i am forced back onto a 63p a day standing charge, which is quite a increase from my present 40p sc, so i see no point in jumping onto that right now in case TE come through this, as i have no credit built up as TE only have a varible DD each month, so nothing to lose riding this out, (and yes 8 weeks after i switched away from Octopus i am still waiting for them to send my final bill and refund, so this week i just started a  complaint to the Energy Ombudsman Octopus nonsense).......so at this point i have more to lose actually switching away rather than holding enjoying that 40p sc for as long as it lasts.
  • MWT
    MWT Posts: 10,257 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    masonic said:
    WBCPB said:
    Has anyone who has been billed actually had the bill payment taken from their bank via D.D?
    My 1st bill for Feb still not taken by direct debit ( which is showing as set up and ready to go in online banking ).
    Yes, payment for all three of my bills were taken by DD on the date I was advised.

    (and yes 8 weeks after i switched away from Octopus i am still waiting for them to send my final bill and refund, so this week i just started a  complaint to the Energy Ombudsman Octopus nonsense).......so at this point i have more to lose actually switching away rather than holding enjoying that 40p sc for as long as it lasts.
    I wonder if you are one of those who have not really switched due to the DNO block, and that is why Octopus have not issued the final bill as they are missing the necessary flows that would normally occur on completion of the switch?

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