Does this qualify for backbilling refund?

thrifty_not_tight

Hi
I moved to a new house in May 2023 and it had previously been a rental with prepayment meters.
As soon as I movrd in I requested a credit smart meter which was installed early July 2023.
In the meantime I was getting electricity but wasn't sure how much was left so  topped up the card  philst for electricity but was unsuccesful in topping up the actual meter. On EOn's instructions I recorded a video and they informed me the meter was broken and was providing unlimited electricity.
The new meter was fitted a few weeks later and the next I knew anything about it was 15 months later in Oct 2024 when I noticed my credit was gone and my account was now  in Debit which it has been ever since.
It is showing on the bill as Final Electricity Prepayment Credit Balance £50.89.

I have asked them to refund it under the Backbilling Agreement and they said I don't qualify as my account was in credit at the time. There is no mention on OFGEM's website of this but before I reply I wondered if what happened to me does come under OFGEM's criteria.

They can't just make stuff up to suit their agenda but I don't want to waste my time if I'm not entitled anyway.

TIA

QrizB

Yes, your supplier can use credit from your account to pay for energy that was used more than 12 months ago.

Scot_39

Sadly in strict terms suspect not and supplier has potentially done nothing technically wrong here.  As credit is not well documented in the license - it's all iirc about additional billing - I dont have time to search and read more fully than providing basic links.

Have seen other posts on the subject of credit at the 12 month point being lost - but cannot remember if any challenged successfully in similar situations - and recovered or part recovered.

The actual wording on it is part of the license conditions - so if you really wanted to read -

https://www.ofgem.gov.uk/licences-and-licence-conditions

For electric say

https://www.ofgem.gov.uk/sites/default/files/2023-03/Electricity Supply Standard Consolidated Licence Conditions - Current.pdf

Section 21BA

Page 169 onwards

Or the link above for gas

Its so badly phrased though others have managed to find links that reference Ofgems operating guidance to suppliers.

However it is clear many have not been complying so we hear of actions like reported by BBC here just 3 months ago

"Ofgem demands action from energy firms over back billing"

https://www.bbc.co.uk/news/articles/c5yxwyp4jwvo

So has anyone here has ever challenged the issue of credit - particularly for a large / excessive credit loss - and won a refund or part refund ?

For some £51 is a lot of money - and the same principle should apply - regardless.

thrifty_not_tight

I hadn't heard of backbilling agreement but had asked another question on EON Forum and someone told me they couldn't ask for it after 12 months and when I looked it up I found this

You cannot be charged for energy used more than 12 months ago if:

• you have not had an accurate bill for it before, even though you asked for one
• you have not been informed about any charges due via a statement of account before
• your Direct Debit amount was previously set too low to cover any charges due

No mention there about account being in credit. I just wasn't sure if my situation fell under any of these critera...possibly middle one but probably not.

It wasn't my fault the meter was broken and not reported by previous owner/tenant. Also I topped up a card that then couldn't be used so its a principal thing really but don't have enough time to waste on principals if little chance of winning.

MWT

thrifty_not_tight said:

It wasn't my fault the meter was broken and not reported by previous owner/tenant. Also I topped up a card that then couldn't be used so its a principal thing really but don't have enough time to waste on principals if little chance of winning.

You have little chance of winning.

You made a payment to them when you put money on the card, they are allowed to use that to cover energy used even if not billed at the time.

The back-billing rules are there to prevent 'bill-shock' there can be no shock when you have already paid.

Every now and then we see reports of a decision by the Ombudsman that seems counter to this principal, but they are not frequent.

It cost you nothing but time to make a complaint to the Ombudsman so try if you want, I'd just rate the odds of success as low.

HillStreetBlues

MWT said:

thrifty_not_tight said:

It wasn't my fault the meter was broken and not reported by previous owner/tenant. Also I topped up a card that then couldn't be used so its a principal thing really but don't have enough time to waste on principals if little chance of winning.

You have little chance of winning.

You made a payment to them when you put money on the card, they are allowed to use that to cover energy used even if not billed at the time.

The back-billing rules are there to prevent 'bill-shock' there can be no shock when you have already paid.

Every now and then we see reports of a decision by the Ombudsman that seems counter to this principal, but they are not frequent.

It cost you nothing but time to make a complaint to the Ombudsman so try if you want, I'd just rate the odds of success as low.

If OP had already paid how can they be in debt?

MWT

HillStreetBlues said:

MWT said:

thrifty_not_tight said:

It wasn't my fault the meter was broken and not reported by previous owner/tenant. Also I topped up a card that then couldn't be used so its a principal thing really but don't have enough time to waste on principals if little chance of winning.

You have little chance of winning.

You made a payment to them when you put money on the card, they are allowed to use that to cover energy used even if not billed at the time.

The back-billing rules are there to prevent 'bill-shock' there can be no shock when you have already paid.

Every now and then we see reports of a decision by the Ombudsman that seems counter to this principal, but they are not frequent.

It cost you nothing but time to make a complaint to the Ombudsman so try if you want, I'd just rate the odds of success as low.

If OP had already paid how can they be in debt?

I'm not sure that they are...

If the supplier is seeking payment beyond the balance that was paid at the time then the back-billing rules would apply, but I didn't get the impression that they were asking for anything more than what was already paid back then...

Scot_39

thrifty_not_tight said:

I hadn't heard of backbilling agreement but had asked another question on EON Forum and someone told me they couldn't ask for it after 12 months and when I looked it up I found this

You cannot be charged for energy used more than 12 months ago if:

• you have not had an accurate bill for it before, even though you asked for one
• you have not been informed about any charges due via a statement of account before
• your Direct Debit amount was previously set too low to cover any charges due

No mention there about account being in credit. I just wasn't sure if my situation fell under any of these critera...possibly middle one but probably not.

It wasn't my fault the meter was broken and not reported by previous owner/tenant. Also I topped up a card that then couldn't be used so its a principal thing really but don't have enough time to waste on principals if little chance of winning.

I suspect you might have more success tying the overpayment to the faulty meter.

Suppliers don't normally from some posts provide statement of accounts for prepay - rhey have no idea of balance if a traditional meter afaik - but the meter certainly couldn't either.  But I'd  probably shy away from using backbilling.  OR was as it meant to be smart prepay ?

But it does seem strange any credit survived the year on the account then removed.


Bills involving heating are highly seasonal - but if not - given were talking May to July - you might want to compare before and after meter swap / fix estimates - or last year similar spring period vs this is given an actual kWh end bill after meter swap.

There is a chance the reported credit might not have been real. But took payments offset by underestimated use or possibly even just n days SC.

So how much did you top up over 3 months.

How much did they charge you - say for the c3 months May to Jul 2023 -  did they give that figure as £s or better still as as n days SC and xxxx kWh electric.

MWT

Scot_39 said:

How much did they charge you - say for the c3 mo the May to Jul 2023 -  did they give that figure as £s or better still as as n days SC and xxxx kWh electric.

I was thinking the same thing, more chance of querying the amount they have estimated for the period the meter was faulty than there is of reclaiming the original credit in full.

thrifty_not_tight

I think the tenant was getting free electricity as the meter was only discovered to be broken when I tried to put in a card to top it up.
But yes it probably was a reasonable amount and one they made well have plucked out the air.
Probably best to let sleeping dogs lie 🙂
Thanks all.

HillStreetBlues

MWT said:

HillStreetBlues said:

MWT said:

thrifty_not_tight said:

It wasn't my fault the meter was broken and not reported by previous owner/tenant. Also I topped up a card that then couldn't be used so its a principal thing really but don't have enough time to waste on principals if little chance of winning.

You have little chance of winning.

You made a payment to them when you put money on the card, they are allowed to use that to cover energy used even if not billed at the time.

The back-billing rules are there to prevent 'bill-shock' there can be no shock when you have already paid.

Every now and then we see reports of a decision by the Ombudsman that seems counter to this principal, but they are not frequent.

It cost you nothing but time to make a complaint to the Ombudsman so try if you want, I'd just rate the odds of success as low.

If OP had already paid how can they be in debt?

I'm not sure that they are...

If the supplier is seeking payment beyond the balance that was paid at the time then the back-billing rules would apply, but I didn't get the impression that they were asking for anything more than what was already paid back then...

My reading of OP's post (I could be wrong) is they have been billed for when the meter wasn't working, OP stated that they couldn't top up.
Eon claim they used the credit in the account at the time, but if OP couldn't top up how could there be any credit?