GNE over billing and refusing to amend bills - domestic energy account.***Resolved***

[Intrepid]

Hi,

 

Green Network Energy have been over billing my account for supply of gas since Mar 2020 for a contract that was entered into Nov 2019. 

 

GNE were provided with an initial meter reading when the contract was commenced and it is specified in their terms and conditions that this will be used to produce estimated bills in future.

 

To date GNE have produced 4 inaccurate bills grossly in their favour. These bills were produced using an inaccurate opening reading provided by industry estimate, this has culminated in a final bill of over £2400.

 

I appreciate it is an entrenched position however GNE have recently been using a third party to repeatedly call me to provided them with meter readings. I have declined to assist them as I prefer to enforce the terms of the contract at no inconvenience to myself and because the terms and conditions include no basis for me having to do so.

 

This is not a vendetta and has the stated aim of improving GNE's performance and treatment of customers in the future. I also openly resent being asked to perform duties on behalf of their third party particularly as they are likely billing GNE for their service.

 

I have disputed every inaccurate bill in writing (via email) except the first bill as the bill amount was in keeping with expectations and the error went unnoticed.

 

I have submitted a SAR in writing which has been acknowledged by their Data Protection Team.

 

There is an open ombudsman case which they have challenged.

 

I have taken steps to switch to another supplier as well as cancel my direct debit due to their failure to perform to the standards of the contract. It is highly likely they will attempt to deny the switch to the new supplier due to the amount owing on the account.

 

I am willing to pay what I owe however they have refused repeated requests for details of how to make payment.

 

I am considering a legal claim for breach of contract and am preparing a letter before claim. Should they escalate the unsubstantiated debt to a DCA (which they have threatened) then I will consider including damages for fraud within the claim.

 

I am grateful for any and all advice and am happy to answer further queries.

[Intrepid]

Hi Dx, thank you for your input.

 

1. Yes, I have paid the agreed direct debit amount set up when the contract was entered until the point of cancellation.

 

2. Thank you for your suggestion, I have found their bank details and can now pay what I think I owe.

 

3. Quite simply if they take action and correct the billing then I think GNE do not seek to cause me unjustifiable loss.

 

If instead of correcting the billing they simply move to collect the unsubstantiated debt then they have made a false representation (the bills), dishonestly, knowing that the false representation might be untrue (based on the information they have already received as well as information provided by Ofgem and no doubt their own accounts) with intent to make a gain for themselves and to cause loss to myself.

 

In addition to the above the supplier occupies a position in which they are expected to safeguard, or not to act against, the financial interests of their customers. (I.e. provide accurate billing) by claiming the debt they have abused that position, dishonestly, intending by that abuse to make a gain/cause a loss.

 

With regards to the topic, this is a domestic account not a business account.

[Intrepid]

Your bottom line assumption is correct.

 

If by involving Ofgem you mean using the ombudsman that is correct.

 

I am awaiting the SAR return (they have pleaded extra time due to Covid but I am of the opinion they should be put to proof if they delay beyond the statuatory time limit)

 

I do have a record of the initial correct account change over reading.

Edited October 20, 2020 by Intrepid
wording

[Intrepid]

I can work out what I owe.

 

Yes £2400 is the total they wish to charge on top of payments made to date, after paying what I think I owe (to be calculated tomorrow) I expect this amount to reduce to no less than £1800 (I.e. they are over billing by approximately £1800).

 

For this reason I expect them to object to the switch. My new supplier has reached out asking "if there is anything I would like to discuss". I have not responded and am unsure if their motive would be to assist me in switching or to dump me as a new customer due to the ongoing dispute.

Edited October 20, 2020 by Intrepid
wording

[Intrepid]

Exactly which is the core issue for the dispute they have estimated an annual usage in excess of 100,000 kWh of gas. Not only estimate it but they have attempted to bill for it as well.

 

This is again why I move to make a case for fraud. Their action is so egriegous it must be known to be dishonest and potentially a deliberate move to prevent switching supplier.

 

Therefore any corrective action does not hinge on my input, notwithstanding it is not required in their terms and conditions.

 

I offered to read the meter for them based on prepayment of £2400 but they didn't respond.

 

I also offered to wave the fee for doing so if they send me reasonably estimated bills.

Edited October 20, 2020 by Intrepid

[Intrepid]

I appreicate your input. While I did not move to charge them fee's I simply estimated the cost of doing so (my estimate may have been a little high).

 

They will not improve their standard of service unless they are forced to improve. Bearing some of the cost to correct their actions is the only remedy for businesses willing to commit potential fraud against its customers.

[Intrepid]

Sage advice, unfortunately the mouths of the energy ombudsman are fed by the suppliers. The conflict of interest is staggering and will in no way lead to a consumer focused industry.

 

Engaging the authorities to do so may may require a legal claim. IMO the ombudsman is simply a blockage to proper recourse as their average award is £50. In this current case GNE can attempt its billing practice 36 times before it becomes unprofitable.

Edited October 21, 2020 by Intrepid
wording

[Intrepid]

Update 07/11/20

GNE attempted twice to have the complaint dismissed by the Ombudsman, one attempt to dismiss the complaint used false and misleading information, both attempts have been unsuccessful.
 

I have substantial evidence that GNE have lied to the Ombudsman on two occasions in a deliberate attempt to mislead them, should this affect any judgement of the case by the Ombudsman then in all likelihood I will reject the decision of the Ombudsman and continue a claim in the courts. The fact that GNE have deliberately mislead the ADR service combined with the fact they deliberately used egrigeous billing methods on my account indicates this is not simply a mistake but a fraudulent act designed to cause me significant loss.

 

I am currently unclear how the law makes allowances for wrong doers that take action to correct their fraud if not due to any sense of guilt but simply to reduce the effect of any punishment when it is clear the fraud will not succeed. I am unclear whether this could have a significantly detrimental affect on the success of any lawful claim brought as a consequence.

Edited November 7, 2020 by Intrepid

[Intrepid]

Green Network Energy passed my details to a third party who then repeatedly called me to carry out a task they had been contracted to complete.

 

I maintain they had no right to contact me as part of their contractual obligations and GNE should not be passing my data to a third party.

 

The data protection team of GNE initially denied passing my details to a third party before they were directly asked about their relationship with the company Lowri Beck.

 

I am considering a claim for breach of GDPR. Any experienced caggers think the cause for action is sufficient?

Edited November 19, 2020 by Intrepid

[Intrepid]

I have not seen the contract between them but presume Lowri Beck were contracted to read my meter.

 

Lowri Beck proceeded to repeatedly ring me asking me to carry out the task of reading the meter which I presume is what they were supposed to be doing and were being paid for it.

 

GNE terms and conditions state they will not pass on details to a third party for independent use in line with GDPR regulations, so I believe any cause for breach would hinge on whether Lowri Beck should have been calling me and whether the purpose of the call falls under the definition of independent use.

 

GDPR and GNE's terms and conditions repeatedly refer to third parties as processors, I cannot find much guidance that indicates companies can contact you directly. My assumption would be they had the right to know my address and meter number only for the purposes of carrying out their contracted task.

 

The loss is centred on the harrassment and distress as a result of GNE needlessly passing my phone number to third party who then repeatedly attempted to harrass me into carrying out thier contractual obligation.

 

They may have realised this when after the first call they switched to claiming it was GNE calling me and not the third party.

 

While not particularly relevant to a GDPR claim, at the time GNE were in breach of contract while potentialy attempting to commit fraud and should have been putting things right at their own accord.

Edited November 19, 2020 by Intrepid

[Intrepid]

Yes obviously they are entitled to subcontract tasks, the question is are subcontractors entitled to contact if they have no need to? This seems to be a complete u-turn on your previous policy of not engaging with third parties.

[Intrepid]

How are Lowri Beck not a third party in this case, even GNE admit to them being so.

Third Party - "a person or group besides the two primarily involved in a situation, especially a dispute."

[Intrepid]

I think you're getting distracted from the core issue. GNE wanted to read the meter, they also indicate in their terms and conditions they will aim to do so regardless of the reasons why. Clearly as a second rate supplier they do not employ their own engineers to carry out such a task and contract it to a third party, fine, they choose how to operate their business.

 

In the years gone by whenever an energy supplier has decided to take meter readings whomever is carrying out the task has never attempted to repeatedly call me they simply carried out their contractual obligation as is their right to do so.

Should this third party be contacting me without my consent for what I believe is their independent use.

This a question regarding GDPR and I hoped by posting it in the data protection forum it would be read by people with the commensurate experience.

Smell away I'd be grateful if someone focusing on the GDRP issue were to cast a view.

[Intrepid]

On 20/11/2020 at 02:59, dx100uk said:

Granted the initial reading upon sign-up to GNE appears to have been erroneous, for whatever reason, but again, one would have thought as a consumer you would have recorded such important details when switching to them, again ensuring the previous supplier correctly bills until the switch itself.

 

I must have failed to get the point across, I did send them an accurate reading and they willfully disregarded it in favour of erroneous billing and in direct breach of clause 2.2 of their terms and conditions.

 

Subsequently I have no confidence of sending them further information when I have already sent them what they initally requested to have them deliberately disregard it. It is a waste of my time and should they require such information in future they should be required to collect it having failed to perform to the standards of the contract the onus is strictly upon them to re-establish it.

 

As stated above I have no concern that they make sure they deal with the correct person that is a requirement under GDPR however I do take issue with the continued harrassment by a third party in an attempt to get me to perform their contractual duties when they have likely been paid to carry them out themselves. However if this is not sufficient cause then I shall not pursue it under GDPR.

 

Further to the above most of what you have written is undermined by the fact this only effected the billing of gas. GNE were perfectly capable of receiving an initial meter reading for electricity and billing appropriately for 11 months, this indicates the only party manipulating billing by design was themselves.

 

I strongly suggest anyone who wishes to understand the systematic nature of GNE's fraudulent practice read the 1 star reviews on trust pilot regarding this company. There is a suspicious number of positive reviews from new accounts.

 

Another customer has indicated their practice is to change the opening readings you provide the day after the cooling off period has ended in an attempt to increase the billing amount on accounts.

 

 

 

[Intrepid]

I'm not sure what you mean by this but it doesn't really add anything useful to the discussion.

 

Perhaps as you were not the one that received the bill for £2500 you see no problem with GNE's conduct but something smells here as a site administrator of a website duly named consumer action group that you wish to dismiss the actions of an energy company in a position of unequal power and denigrate the actions of the consumer.

 

It smacks of some bizarre bias for reasons only known to yourself and for which I see no obvious explanation.

I sense you are a strong advocator of individual responsibility which for some reason is only being applied to your views of the consumer's actions and not the energy supplier's.

[Intrepid]

It's still unclear why you wish to focus on one party's actions in complete disregard of the other. I think repeatedly stating things which are readily available to read in this thread is a dead end. I will update this thread with the Ombudsman outcome for the benefit of others who receive egrigious billing from an energy supplier that ignores complaints and takes no action. I welcome comment from others more readily able to remain focussed and impartial.

[Intrepid]

In case it was missed earlier in this thread and notwithstanding GNE's billing practice I am satisfied that there is not sufficient cause for action regarding any breach of GDPR.

Nothing was witheld.

For the avoidance of doubt I provided them with everything that was requested and required up to the point the contract was breached, thereafter I rightfully insisted on enforcing the contract at no further cost or inconvenience to myself. The breach was in my opinion sufficiently egregious that I was under no further obligation to perform any duties as outlined in the contract.

[Intrepid]

Any claim that the lack of readings are relevant is a strawman to the fact GNE deliberately disregarded information they requesteed, were provided with and were contractually obliged to use for billing. In addition regardless of what the initial meter reading is, it should have little to no bearing on the billing of future consumption save to change the total readings on the bill.

GNE did not require further readings to reasonably estimate consumption for electricity. GNE could quite easily have collected the data they claim they required at any point and as per their contractual obligation where they indicate they aim to read the meter twice per year.

I implore you to further discussion as a member of the "consumer action group" not the "find any excuse for fraudulent energy companies to avoid recourse group".

 

Interestingly my new supplier has just warned me of "corrected" industry readings being applied to my account and how to dispute this reading. A very straight forward process to complete and one GNE could learn from instead of simply taking advantage of a situation to recklessly increase their billing.

 

I have requested that the new supplier indicate which company is responsible for supplying industry readings as it is this company which is likely causing the issue. Allbeit that GNE did nothing to resolve it while the new supplier has acted immediately.

[Intrepid]

Complaint upheld in my favour by Ombudsman. £60 awarded for failure to produce final bill. £60 awarded for shortfalls in customer service and inconvenience. Total amount awarded £120.

Edited December 24, 2020 by Intrepid