Where can I go when the Energy Ombudsman takes tenant’s word?

I find the ombudsman's carte blanche response insulting. The majority of good landlords have ample evidence, but this is often scantly dealt with by either the utility company and even the ombudsman. Basic common sense (such as the inability to use such quantities of power in a short period) is ignored and data protection used as a way to frustrate the proper dealing with these matters. We should expect fair treatment in all of these cases and the best outcome would be a new system - perhaps using smart meters (can these read meters on a daily basis if a tenant gives an incorrect leaving date?) that is fair to both tenant and landlord and stops wasting the time of tenants, landlords, utility companies and the ombudsman. We are living in times where almost daily reports of how artificial intelligence will do people out of jobs. In this case I would be glad of a (reliable) system - perhaps using smart meters, that could deal with these matters and cut out all the unnecessary work involved. For this to be continuing 20 years on from when I first became involved in these matters just beggars belief. I have spoken to a programmer called in by Scottish Power who believes that their legacy computer systems have scrambled data, preventing them from dealing with a lot of cases and perhaps leading them to rely on debt factoring in the hope of claiming some income from their inaccurate records. Whether this is true I don't know, but after my dealings with Scottish Power some years ago, I wouldn't be surprised.

Reply to the comment left by Chris Daniel at 20/08/2018 - 08:56
Yep as I say, my experience NOW is I don’t fight on principal. This is because unless EON send me a massive cheque to compensate me for time, effort and frustration then even if I win £120 back and an apology plus free electric for a year it really wasn’t worth my while.

It’s costs me more in every sense of cost and I now focus on making more money, keeping positive and looking forward. Sometimes being right and even being proved right isn’t enough.

Easier said than done and I am sure in the future there will be examples I don’t follow my own advice.

Going back to the legality of contract change. Utilise companies will have the right to transfer ownership even with nothing signed. It will be a dispensation for utilises because if they didn’t then all house moves would result in a disruptive termination of supply. The supplier will have a send a letter to the subject property etc etc. Not saying it’s fair just it’s legal.

Thanks for all the helpful replies and comments everyone. Fact is that the rule book of the utilities and the Ombudsman is based on the presumption that landlords are always wrong and liable for everything but cannot make decisions about change of suppliers or meters as that is the prerogative of the tenant.

I note that the ombudsman spokesman has not replied to Neil Patterson further to my last submission - I wonder whether Neil might press for a response from them? Are they going to openly admit that they are happy to support unlawful decisions made by energy companies? Such as the one in this case where they accepted that four independent witness statements could be ignored? And that they are in fact dictators and have no independent appeal process once they issue a ruling? These matters are of vital relevance to us all and I believe that this forum should expect replies to these questions?

Reply to the comment left by Colin Massey at 22/08/2018 - 09:07
I have emailed the Energy Ombudsman Spokesman to request a further reply to everyone's comments.

I do not know why you bother consulting the Ombudsman. They have no power to change the law. Landlords are only liable to pay for electricity
which they consume. No utility company has ever confirmed the legal basis for liability for any unoccupied period. I have never paid a standing charge for any such period in over 30 years.

Reply to the comment left by Neil Patterson at 22/08/2018 - 10:21
Thanks very much Neil. We await a response with interest!

Hi Tony - fact is that the landscape is changing and the Ombudsman is supporting the utilities in unlawful activity. They issue a ruling which the utility company relies on. They then threaten to damage your credit rating by lodging a 'default' claim. For the sake of relatively low sums, none of us want to risk this, no matter how unlawful it is. A friend had this done a while back and found it to be irreversible - couldn't get anything at all for six years. That is why I feel that forums such as this one may be able to help to get this gross unfairness (and illegal action) stopped. Glad that you have not suffered in the same way, but it may only be a case of when, and not if.

Colin, I have no dealings with Utility Suppliers save for Water Boards who are in a special legal position. No default judgment can be entered against you without your being able to argue your case at a hearing. The Ombudsman has no power to change the law. Landlords who have not agreed explicitly or implicitly ( by using electricity) to enter into a contract are not liable to pay anything.

Reply to the comment left by Colin Massey at 24/08/2018 - 09:50Neil - I note that several weeks have passed and the Ombudsman's Spokesman is conspicuous by his absence. This could be interpreted as them not contesting the facts as presented - they have acted unlawfully by supporting EON's actions and therefore arguably are not fit for purpose. Would it be in the interests of Landlords everywhere for Property 118 to escalate and expose this abuse to higher levels? Surely they are accountable to someone?

Correct, the Ombudsman does not want to get drawn any further on a specific case or point sadly.