Problem with energy supplier and energy ombudsman

[angelin77]

Hi

New to site.

 

I inherited a small property in 2005 and continued dual fuel account with same company. Used property as second home whist renovating it. Decided to rent out as I was then living in Cornwall (330 miles from property)

 

Rented out property in December 2013 to young couple. Took 6 months and a complaint to OS Energy before new account put in female tenant's name, by which time tenant had built up large debt and had DCA calling every day. Tenant's informed me they were vacating by April, 2015.

 

In the meantime I decided to sell property as too many problems with tenants. They did not give me an exact moving out date but eventually moved out on 2 August, 2015 leaving the keys and note with meter reads on with neighbour. Meter reads were correct, so wrote a letter dated 5 August, 2015, enclosing tenant's note to supplier stating that I had taken back property and to put new account in my name and send to Cornwall address. Property had been sold so it would remain empty so expected to be put on standard tariff, 3 monthly bills.

 

Unbeknown to me the supplier had received call from tenant on 4 August, 2015 and she gave them a 'false' name for the person due to take over the supply. It was 3 to 4 months before I realised what was happening. I wrote to supplier in November, 2015 explained the situation and again asking for account to be put in my name.

 

Roll on January, 2016 up on a visit to the property, a couple more bills in the 'false' name. So I started emailing the supplier's complaints department, requesting they halt any action on the account until my complaint had been sorted. I opened one of the bills and it was estimated as approx. £700 owing.

 

Obviously as the property had been unoccupied sine tenants had left, I knew about only 10% of this figure was actually used, mostly standing charges. On 29 January, 2016, I returned to property to find supplier's agent just leaving having just fitted ext. prepayment gas meter. When I explained who I was and what the situation was, he contacted his office, gave them the actual meter reads and an account was set up in my name and Cornwall address.

 

He was instructed to put the original meter back. Which he partly did and put a sealing disc in the supply effectively cutting off the gas. The gas could not be used as it needed commissioning. I then had to arrange for the system to be drained to prevent frost damage.

 

I emailed supplier giving them 7 days to fix the gas supply. They ignored my request. The new owner took over the utilities on 8 February, 2016 and arranged for registered plumber to recharge system and gas supply and then sent me the bill for nearly £200. I have since discovered that the supplier merely changed the name on the account and expected me to pay the charges on the account (for letter and agent visit) In an email from the supplier they indicate they did not respond to my contacts due to the DPA and I was not the named account holder.

 

The bills they sent me, 2 both dated 29 January, 2016 and the final bill dated 17 February, 2016 are estimated, contain the charges and have the same account number as the 'false' name one. I also started a complaint with the OS Energy on 16 January 2016 (8 weeks after I complained to supplier in Nov, 2015)

 

In March, 2016, I received email from supplier after I had told them I had started complaint with OS Energy. The supplier offered to simply zero the estimated bill and contribute towards plumber's bill. I had previously informed them I would wait for the OS decision and they should also do same.

 

According to the info I have researched, the supplier did NOT obtain a warrant, did not write informing that pp meter would be fitted giving 28 days warning. They did not offer any payment plans. They are also required to send 7 day warning letter about fitting pp meter. They did but it arrived several days after they had fitted meter and was dated 29 January, same day as pp meter fitted. So as far as I'm concerned they breached Ofgem rules for fitting pp meter.

 

I will let you digest this part of the story before telling the rest of the saga (or farce). Perhaps you can recognise which supplier is involved?

Edited November 21, 2016 by honeybee13
Paras.

[honeybee13]

Hello and welcome to CAG. The forum guys should be along later with advice for you.

 

I've edited some paragraphs into your post to make it easier to read, if you're able to put some spacing into the next one, it would be helpful.

 

My best, HB

[BankFodder]

You will be nice also if you could just get on with the story please so that people can read it and form a full assessment of what is happening

[angelin77]

I sent OS comprehensive evidence in May, 2016 and in July, 2016 I received call from OS investigator suggesting I settle for £50 ward, theof apology, and zeroing of bill. I asked for this in writing. Later that evening he emailed through his final decision proposal. then he emailed another, and then another. Three slightly different versions, all full of schoolboy errors. I sent a response highlighting the errors, inaccuracies and supporting evidence demonstrating clear differences between their statements and the written facts.

 

I received their Final Decision in October, 2016.He investigator had altered nothing from his proposal apart from the fact that he was now stating it was me who had called the supplier and given the false information despite all the evidence from both myself and the supplier proving it was the tenant who called. All the errors in the OS final decision proposal still included in the final decision.

I responded to this decision declining it as it was totally flawed. The investigator stated I was the account holder during the debt recovery process (account was in false name not mine) I should have paid for the energy used in the absence of bills (even though I had evidence from supplier stating they couldn't respond to my concerns as I was not the named account holder) The investigator stated the final bill plus the charges was compensation enough for the poor service. The final bill was actually estimated and did include the charges, so the actual amount I owed was about one third of this amount. He also stated the final meter readings on the final account were accurate as I had supplied them. In fact the final bills state the readings are 'Our estimate' .No mention of the supplier's breach of Ofgem rules.

 

As part of the OS final decision I requested that I wanted an accurate bill producing. Again this was ignored. I always pay my bills and I have an excellent credit rating as I result. It is therefore extremely upsetting when the OS concludes it was me who gave the false information, implying in someway that I was trying to deceive or defraud the supplier by saying someone else was responsible for the account.

I requested the case evidence from the supplier and although I believe the OS have only supplied part of it, the OS appears to have just copied their inaccurate evidence for his decision. The supplier has clearly stated and fully named the tenant as making the call, Their evidence also suggests that they have been communicating with the tenant and giving her my personal information.

 

I emailed the OS Data team to verify that they had sent all the supplier's case evidence and received a reply from the investigator suggesting I should do a SAR to the supplier and they should provide the case evidence. I then challenged him about wrongfully implying I had given the false info. It took about three further emails and a warning I would report this to the ICO before he finally conceded that he had corrupted the facts and excused himself by saying he had become confused.

I have since sent recorded letter to OS Data Controller listing all the inaccuracies in the final decision and asking them to collect this information as they are required to keep my personal data accurately.

 

It probably isn't worth taking the supplier to court, I'm a pensioner and not in good health at the moment but both the supplier now have made untruthful statements and they hold them in my personal information.

That is the most important thing to me as I am an honest and truthful person and those companies now hold information that is/has been detrimental to myself.

Could you please advise if I'm wasting my time trying to get them to correct these inaccuracies.

Apologies for the way I have presented the problem (my excuse is I am A pensioner), If nothing else this also demonstrates what a waste of time the OS is.

[Good Sister]

Hello Angelin77,

 

Please can you let us know which energy supplier this is? This is a forum where you are free to name and shame the energy supplier in question and it will help other Caggers provide more tailored advice as to how to go about things.

 

As you have discovered, the Energy Ombudsman are as much use as a chocolate teapot. Even if they had upheld your complaint, getting your energy supplier to follow up on the recommendations will most likely take you back to square one.

 

When you say that "those companies now hold information that is/has been detrimental to myself", please can you elaborate on how this has been detrimental? Has your energy supplier been putting marks on your credit file? Have they prevented you from being able to do something because of the untruthful statements?

 

Sorry if that does not seem much help at the moment, but would rather know who we are dealing with first.

 

Good Sister.

[angelin77]

Good Morning

The energy provider is Npower.

 

as I live 300+ miles from the property and it was going through the sale process I was staying at the property to clean up the mess the tenants had left ready for the new owners.

 

 

I had been staying in the property prior to the gas being cut off and intended to stay there for a further few days,

 

 

It was just unfortunate that I had popped out that morning to visit a friend I had not seen for a long while, only to return to find the Meterplus agent about to leave the property.

 

 

With him leaving the property effectively without a gas supply left me in a worse situation than if he had left the prepayment meter intact

(I would at least have a gas supply albeit at an increased cost)

 

 

I had to quickly make arrangements to stay with nearest relatives and travel to and from the property on a daily basis for a few days.

 

 

The problems I incurred with the tenant included her having up to 15 pets mostly cats and dogs (puppies/kittens) as well as up to 5 adults in the property. You can imagine the mess they had created.

 

 

Carpets and chewed kitchen units had to be replaced.

 

As the new owners had to be made aware of the circumstances regarding the pp meter and then the disc,

 

 

they obviously assumed I was in financial difficultly (having had a pp meter installed )

 

 

The new owners were locals and it quickly got around the village

(the property had been in my family for 60+ years and had been my childhood home)

so it became embarrassing when I bumped into villagers I had known for years.

 

 

There was also the hassle with the new owners using the wrong assumption that I was in financial difficulty to try and get the price reduced.

 

 

There doesn't seem to be any problem with my credit rating at the moment.

 

 

I assume this is because on paper the 'debt' occurred in the false account holder's name.

 

To emphasise a point you made:

the OS Energy did not find in my favour as he just copied the inaccurate statements Npower had used in their evidence, I did not accept his decision as it was virtually completely made up of flawed evidence.

 

 

Although interestingly enough having read the 2015 report into the OS Energy,

 

 

they (the OS Energy) appear to say that a complaint is regarded as successfully resolved by them every time they offer an 'award' to the complainant regardless of whether it's accepted or not.

 

 

But as the OS is the way you are told

(by the energy suppliers, Ofgem, Citizen's Advice, and even the financial experts in the newspapers)

to advance your complaint,

 

 

you have misplaced faith they will give you a fair and independent decision. I found out the hard way they do not.

 

It has also been detrimental as regards to the worry and stress of having two companies distort the facts make accusations about me which aren't true and then trying to get them to correct this

 

Just had an email from a Operational Team Manager from OS Energy stating he has reviewed my complaint and agrees with the investigator's findings.

 

 

I have once again pointed out the flaws in these findings and pointed him in the direction of their data team who now have all my evidence proving all the elements that led to the OS decision are inaccurate and untruthful.

 

Just one more illustration that demonstrates the Ombudsman Services Energy are inept and certainly not experts as their Chief Ombudsman continually maintains.

[Good Sister]

N-Power... oh dear me. I personally have never dealt with N-Power but I do know from reading these forums that they are an absolute nightmare when it comes to accurate billing, customer service etc, more so than the other energy suppliers. If you want things resolving, you will have to be very dogged and determined.

 

I see from one of your previous posts that the Ombudsman advised you to send N-Power a Subject Access Request.to provide the case evidence, and I don't think this is a bad idea. You can ask for everything they have on you so you will be able to see everything, even information that was not part of your original complaint. It will cost you £10.00, but depending on what it flags up it could be the best £10.00 you ever spent.

 

In my honest opinion, I would leave the Ombudsman alone for the time being. The only detriment to yourself at the moment is extra stress and worry, I am not saying this to devalue your case but as they are not using the inaccurate facts to trash your credit file or by putting you up to any fraud charges (as you say they implied you were trying to defraud N-Power), I would be inclined to leave this side of things alone for now. That's not to say you can't revisit them if new things happen or come to light.

 

I think your priority needs to be dealing with N-Power and getting any errors fixed by them. I presume they are still supplying the property?

 

Of course, this is just my opinion and how I would most likely do things if I was in your boat. But as stated earlier, I've never dealt with N-Power so if another Cagger who has experience of dealing with them comes along and has a better idea of how best to deal with them, then I would listen to them.

 

Best of luck, please let us know what you decide to do.

 

Good Sister.

[angelin77]

Good Morning Good Sister

Thanks a million for your advice.

I will send an SAR to Npower. I have already, on the advice of a case handler with the ICO send a request to both Npower and the Ombudsman (data team) to correct all the inaccurate information they hold in my personal data. I have sent supporting evidence demonstrating these inaccuracies to both companies. As the Ombudsman clearly ignored my request to correct errors and inaccuracies when I initially challenged his Final Decision proposal and then went on to make the Final Decision with inaccurate and misleading information I will be sending this evidence to the ICO asking them to investigate. I don't know how likely they are to investigate but I will keep pressing them.

I have continually warned everyone I know to avoid using Npower as their energy provider and they do not supply the property now.

I have also involved my MP but that has not been very productive at the moment. I will be sending Ofgem details of Npower's breach of their rules and see what response I get, probably 'we cannot investigate individual complaints but we'll put you on our data base' reply. Every little helps. Thanks once again for all your input.

[Surfer01]

I worked in the industry and Npower were useless at billing and customer service was extremely poor. In our block of lfats where we lived an old lady was hit with a gas bill for over £21000! She did not have gas. Npower billed us for gas although we were already with another supplier. On checking the meter serial number it was found that it belonged to another flat. The occupany of that flat was already being billed by Npower. It took over a year to resolve. Your best bet is the Subject Access Request and copies of your phone bill to shown when you phoned them.

[angelin77]

Hi Surfer01

It was my tenant who gave the false information to Npower who then created an account in that name and then npower used the data protection act, as I was not the account holder, to ignore my communications. I was powerless to prevent them installing prepayment meter. If they had followed Ofgem rules regarding the procedure for debt collection it wouldn't have got that far. I have now requested a SAR. I have also applied for all the info they hold on the account I was issued with. It will be interesting to see if they send the info on the false account holder as when I eventually explained and made them realise I was the true account holder they merely changed the name on the one they had falsely created.

I will post again when I have new information. Thanks

[ericsbrother]

SAR omudsman services ltd. From my experience with them they dont like this as they then have to reveal to you everything they have said to the energy supplier and you can guess how much of an impartial party they are when you see their emails etc to Npower. You may get an new decission about your complaint when they realise the facts dont fit in with their statements and determinations.

[Surfer01]

Hi Surfer01

It was my tenant who gave the false information to Npower who then created an account in that name and then npower used the data protection act, as I was not the account holder, to ignore my communications. I was powerless to prevent them installing prepayment meter. If they had followed Ofgem rules regarding the procedure for debt collection it wouldn't have got that far. I have now requested a SAR. I have also applied for all the info they hold on the account I was issued with. It will be interesting to see if they send the info on the false account holder as when I eventually explained and made them realise I was the true account holder they merely changed the name on the one they had falsely created.

I will post again when I have new information. Thanks

As the debt is not yours, switch energy suppliers as soon as possible. Npower should not be able to stop you doing this.

[angelin77]

Hi ericsbrother

Yes, I will take up your suggestion to SAR the Ombudsman.

I have formally asked the OS data team to supply all of the Npower case evidence as I believe they only sent part of it when I previously requested it.

I have also, on the advice of the ICO, formally requested the OS to correct all the inaccurate information they hold about me and sent supporting evidence that most of the OS decision was based on false/inaccurate information.

As I have already challenged the inaccuracy of the 'facts' the OS investigator used to determine his Final Decision on more than one occasion, I have asked the ICO to carry out an investigation into this and have sent evidence to support this.

When you repeatedly challenge the inaccurate information and repeatedly send the written evidence to support that and this gets repeatedly ignored then the only conclusion I can reach is that it is done deliberately to favour the energy supplier, their paymasters.

Interestingly, the Ofgem commissioned report by Lucerna, in 2015, States the OS: Energy have the highest resolution percentage (from 89% to 96%) of all the other ombudsman service suppliers. Apparently, a case is upheld if it includes a financial award which as you probably know is averaged at £100. This does not always cover the time, hassle or expenses a complainer incurs.

[angelin77]

Hi Surfer01

The account with Npower was closed at the first opportunity I had following the realization that they had merely name changed the account, thus compromising my data protection rights.

[ericsbrother]

Ombudsman Services Ltd are lazy and will take anything the supplier says at face value so they can get through the complaint quickly. I had a complaint revisited when Scottish Power told porkies and I had a reason to take them to court for not complying with the law regarding data protection. I let OS know that they were party to this actuion becuse they had failed to thoruoughy investigate things when the paperwork existed so they could reach a proper decision and SP had told them it didnt exist. I had already faxed OS copies so they were looking pretty stupid when thy told me they didnt exist, hence the SAR to them to get all emails and letters between them and the power co. The matter was the looked at by a second tier team ( the one they tell you doenst exist) and eventually SP were told to behave themselves.

[angelin77]

Ombudsman Services give the complainant a lot of hype. We ae experts: we will give you a fair and independent outcome: our objective is to put you in the same position had the problem not occurred; we can award up to £10,000 ( and yet their average award is £100) Ofgem reckon that only 5% of complainers actually use the ombudsman. Ofgem's report into the OS Energy states that they have the highest by far resolution percentage, but I cannot find anywhere in this report that gives the percentage of complainers who reject the Final Decision. Indeed, Lucerna who carried out this review, only sampled half a dozen cases in depth out of , I believe, 15,000 complaints and it doesn't seem to mention if any of these complainants rejected the Final Decision.

I will keep you informed of any developments.