Backbilling

Ectophile

BarelySentientAI said:

If you'd like to call someone out, then just do it.

I've certainly posted those links and screenshots of section 21BA before on this forum, and it can be paraphrased as I suggested.

21BA.2  Paragraph 21BA.1 [backbilling - my insert] does not apply in the following circumstances:
(a) where any charge recovery action was taken prior to the date this condition took effect
(b) the licensee or any Representative, has taken a charge recovery action following the date this condition took effect in a manner which complied with paragraph 21BA.1 ...

Both issuing a bill (even using estimated readings, the use of which complies with 21BA.1) and taking a direct debit payment are charge recovery actions.  Issuing a bill is even specifically described as a charge recovery action in paragraph 21BA.1.  This has been supported by several Ombudsman decisions.

I think that's a wishful thinking interpretation of the rules.

a) Won't apply to any bills issued since the back billing rule came into force.  So probably irrelevant now.

b) Prohibits billing of any units more than 12 months ago, because that's what 21BA.1a says.  So any bill that attempts to charge for new units, that were not already included in a previous bill, is wrong.

BarelySentientAI

Ectophile said:

BarelySentientAI said:

If you'd like to call someone out, then just do it.

I've certainly posted those links and screenshots of section 21BA before on this forum, and it can be paraphrased as I suggested.

21BA.2  Paragraph 21BA.1 [backbilling - my insert] does not apply in the following circumstances:
(a) where any charge recovery action was taken prior to the date this condition took effect
(b) the licensee or any Representative, has taken a charge recovery action following the date this condition took effect in a manner which complied with paragraph 21BA.1 ...

Both issuing a bill (even using estimated readings, the use of which complies with 21BA.1) and taking a direct debit payment are charge recovery actions.  Issuing a bill is even specifically described as a charge recovery action in paragraph 21BA.1.  This has been supported by several Ombudsman decisions.

I think that's a wishful thinking interpretation of the rules.

a) Won't apply to any bills issued since the back billing rule came into force.  So probably irrelevant now.

b) Prohibits billing of any units more than 12 months ago, because that's what 21BA.1a says.  So any bill that attempts to charge for new units, that were not already included in a previous bill, is wrong.

No it doesn't.  There is no blanket prohibition against billing for units more than 12 months old.  The OFGEM open letter clarifies precisely this point.  Your second sentence is more correct, that it prohibits billing of any new units after the 12 months (if none of the other exclusions apply and they weren't covered by anything within the 12 months).

I asked the OP if there had been charge recovery actions (bills or DDs) for those units previously.

The original description was that the OP "had been paying estimated bills" since the meter stopped working.  That clearly suggests that there were bills within the 12 month period.  All subsequent attempts to recover the costs, even after 12 months, for those same units are then covered by exclusion b).

No wishful thinking necessary.  You'll have to come up with a far better explanation of where you think I have strayed.

The use of existing credit is more dubious, as the later posts explain, but OFGEM have definitively clarified their intent as protecting against the build up of debt, so being in less credit than you would otherwise expect is outside the intent, if not the letter, of the rules.

uponthehill

Thankyou all for your help!

BarelySentientAI

uponthehill said:

Thankyou all for your help!

Have you considered asking your contact at the Ombudsman for clarification why they thought there should definitely be a refund or that back billing should make a lower bill?

They have access to all the details, and their opinion carries much more weight than ours.