Ombudsman (UtilitiesADR) question - what to do if the respondent isn't abiding to the ombudsman's decision?
Without getting into specifics, we lodged a formal complaint against E.ON (solar PV installation) earlier this year and in October the determination made by the representative from UtilitiesADR went in our favour. E.ON, however, are not following any of the directives set out by the ombudsman going so far as to say that they do not consider the decision binding which I find baffling given their complaints process says that they will abide to any decision handed down by the ombudsman.
My question is to anyone that has dealt with UtilitiesADR – should we lodge a fresh complaint or is there another avenue to pursue regarding non-compliance? There's no phone number to call, and I've sent them two emails via their contact form but never received a reply.
Any insights or suggestions would be greatly appreciated.
Buy Bodge Buster – Homeowner Air Source Heat Pump Installation Guide: https://amzn.to/3NVndlU
From Zero to Heat Pump Hero: https://amzn.to/4bWkPFb
Subscribe and follow our Homeowners’ Q&A heat pump podcast
Doesn't appear to be a lot you can do via the ADR process. I assume you told the ADR you accepted their determination. All that happens is that in theory EON get fined 100 pounds (see below). Perhaps worth informing the ADR and ask them to fine EON. I think the ADR process was part of EU legislation so who knows if it still applies.
You could try the small claim court. There is a small fee, you don't need a lawyer in theory.
Jus for info even with the Financial Ombudsman although binding, companies can ignore rulings and then you have to get a court enforcement order as i know from personal experience...
Small claims if you want to try:
https://www.gov.uk/make-court-claim-for-money/court-fees
ADR Determination info:
----
8. Determinations and awards
8.1. The Adjudicator will base his or her decision on i) the facts and supporting documentation
available, ii) the applicable law/regulations and iii) what is fair and reasonable in the
circumstances (“the Determination”).
8.2. Where the Consumer agrees, the Determination becomes binding upon the Trader.
8.3.The Determination is not binding upon the Consumer unless it agrees to accept the
decision. Consumers will be given 7 calendar days to consider and confirm whether they
accept the Determination. If the Consumer fails to confirm its acceptance, it will be
deemed to have rejected the decision.
8.4.Interest will not be added to monetary awards.
8.5.Subscribing Members must make compensation payments within 30 days of the Determination
8.6.Subscribing Members agree to accept a £100.00 fine for failing to comply with the SchemeRules (including refusal to follow an Adjudicator’s Determination) unless the Subscribing Member has a fair and reasonable explanation for such breach.
https://www.utilitiesadr.co.uk/our-rules-and-constitution/
Mars, have you seen this? It says decisions are legally binding and the member (Eon) can be booted out if they don't comply.
Have you considered Moneyclaimsonline (aka small claims). You might have a good case with a utilitiesadr ruling in your favour.
Hi Mars,
Quite some time ago, I bought a reconditioned gearbox for my wife's car at the time. After confirming by phone and e-mail that it was the correct one for the model of car, I was rather annoyed when the local garage tried to fit the gearbox, only to discover that it was the wrong one. Repeated e-mails and telephone calls got no suitable replacement or refund from the vendor, even though I did explain that I would take him to court if necessary.
To cut a long story short, a claim was made through the small claims procedure, which although it took quite a few months before a judgement was made, eventually ruled in our favour. We were not only able to recover the initial cost of the gearbox, but also all the court costs, the cost of the abortive attempt to fit the gearbox at the local garage, and interest on the sums involved based on a fixed formula. So in the end we actually made a small profit. The small claims court route is not that expensive, and it is worth the effort to make it clear to unscrupulous vendors, that they cannot keep treating their customers so badly.
Anyone want to buy a gearbox? 😎
@Jeff, thanks for that. Yes, we accepted the determination, and what's frustrating is that E.ON clearly know the process and how to navigate around it, and just continue to repeat the same old email/message, never addressing the issue at hand. I will investigate small claims court – the thing is, we owe them money, but we think we've been overcharged.
@kev-m, it's one of those tricky ones. The adjudicator ruled in our favour and directed E.ON to show we have not been overcharged, which E.ON are refusing to do, so we just go round and round in circles. I have seen that the ruling is legally binding, but can't find the course of action to take in the event that E.ON don't comply, which they aren't. Would love to see them booted, but it's unlikely they will. I may just lodge another complaint purely based on this latest round of drama.
@derek-m, that's very interesting. Sadly we're not in the market for a gearbox. I guess what we need to figure out is whether we can pursue the small claims route despite us owing E.ON 90% of the money. The time it's with the small claims is therefore irrelevant - they can take a year if they want. E.ON's defensive and uncooperative stance definitely means we've been overcharged.
Buy Bodge Buster – Homeowner Air Source Heat Pump Installation Guide: https://amzn.to/3NVndlU
From Zero to Heat Pump Hero: https://amzn.to/4bWkPFb
Subscribe and follow our Homeowners’ Q&A heat pump podcast
@kev-m, just went to Money Claims ( https://www.gov.uk/make-money-claim) and the first line reads: "You can make a money claim if you think a person or organisation owes you money and will not pay you back."
This would have been an ideal course of action had we already paid. Since we've withheld payment, I think we'll just have to submit a new complaint to the ombudsman. It's not likely to lead to a resolution given how unflinching E.ON have been to this point, but it'll buy me time to figure out a different course of action.
Buy Bodge Buster – Homeowner Air Source Heat Pump Installation Guide: https://amzn.to/3NVndlU
From Zero to Heat Pump Hero: https://amzn.to/4bWkPFb
Subscribe and follow our Homeowners’ Q&A heat pump podcast
I thought the ombudsman was supposed to have powers. Have you tried Consumer Protection or Trading Standards? You could also try the journalist Anna Tims, who may be interested in your situation.
@derek-m, as did I. There just doesn't appear to be a mechanism or course of action to report E.ON for not complying to the decision, so I think the only way forward is to post a new case citing the old case and highlighting E.ON's non-compliance.
No, haven't looked at trading standards or consumer protection. Will look into them this morning.
Buy Bodge Buster – Homeowner Air Source Heat Pump Installation Guide: https://amzn.to/3NVndlU
From Zero to Heat Pump Hero: https://amzn.to/4bWkPFb
Subscribe and follow our Homeowners’ Q&A heat pump podcast
@kev-m, do you know who's responsible for putting the data together in this link you provided? Is it Ofgem or anyone else credible?
Buy Bodge Buster – Homeowner Air Source Heat Pump Installation Guide: https://amzn.to/3NVndlU
From Zero to Heat Pump Hero: https://amzn.to/4bWkPFb
Subscribe and follow our Homeowners’ Q&A heat pump podcast
Mars, it was done by a contributor to the MSE forum. He says he used the Ofgem data from here
https://www.ofgem.gov.uk/publications/default-tariff-cap-level-1-october-2021-31-march-2022
Kev
I have an update on my complaint with UtilitiesADR.
I was unable to find a way of contacting the ombudsman to complain that E.ON were not being complaint with their decision so I started a new case. I received a message from the administrator saying that they would not be able to open a new case as this was contesting E.ON's non-compliance and was not a "new issue".
I explained in my message back to them my situation and to their credit, they escalated the matter to senior management who were staggered that E.ON were refusing to comply with their decision and have taken this matter up with E.ON's management too. They have given E.ON to the new to comply. We'll see what happens.
Buy Bodge Buster – Homeowner Air Source Heat Pump Installation Guide: https://amzn.to/3NVndlU
From Zero to Heat Pump Hero: https://amzn.to/4bWkPFb
Subscribe and follow our Homeowners’ Q&A heat pump podcast
In the attached document, what does nil kWk mean (when looking at electricity tariffs) and why is the tariff calculated by dividing the sum of money by 3,100kWh - seems like an arbitrary number?
Buy Bodge Buster – Homeowner Air Source Heat Pump Installation Guide: https://amzn.to/3NVndlU
From Zero to Heat Pump Hero: https://amzn.to/4bWkPFb
Subscribe and follow our Homeowners’ Q&A heat pump podcast
- 21 Forums
- 1,761 Topics
- 37.6 K Posts
- 81 Online
- 2,052 Members
Join Us!
Latest Posts
-
RE: Samsung ASHP scheduling help
@morh does that samsung device connect to the HP or the...
By cyrusir , 5 minutes ago
-
RE: Samsung E911 intermittent issue
Whether you decide to manually release air from an 'aut...
By Transparent , 6 minutes ago
-
RE: Samsung heat pump has arrived with damaged fins – do I accept it or send it back?
Damage is cosmetic is appears, but the result of poor h...
By AllyFish , 15 minutes ago
-
RE: Smart meter installation – seamless or a potential nightmare?
The incomer cable probably only has a size-rating once ...
By Transparent , 28 minutes ago
-
RE: How Many ASHPs Work Correctly From Commissioning Date ( The resolution page)
@editor Do you post the poll? on that thread as people ...
By ASHP-BOBBA , 42 minutes ago
-
RE: Battery...Full house back up
Where is you distribution board? In the I would have ex...
By JohnR , 1 hour ago
-
RE: Fitting heat pump plumbing and pipes in advance?
One more thought if you are doing a bathroom refurb and...
By JamesPa , 2 hours ago
-
RE: Fitting emitters with output greater than room heat loss.
The proof, of course, will be in the heating! My ASH...
By JamesPa , 2 hours ago
-
RE: Which system is most efficient...
OK. Im not going to be able to answer the question, bu...
By JamesPa , 3 hours ago
-
-
RE: Noise problems with newly installed Samsung 8kW ASHP
@lokisam I am following this with interest as I also ha...
By Odynsfee , 13 hours ago
-
RE: Mitsubishi Ecodan 11kw Defrosting Issue.
@thundermink can you give us an update on your tests?
By Mars , 14 hours ago
-
RE: Aira Heat Pump: Stylish Scandinavian Heating
@editor Yes, it's their "Aira Generation 1" 8kW model: ...
By trungdong , 16 hours ago
-
RE: Reducing heat pump vibrations through flat roof
@patrickvito Hi Patrick, thanks so much for taking the ...
By sten_super , 1 day ago
-
RE: Noise Issues with our Ecodan 8.5kW WM85VAA air source heat pump
@athlonoc Its unlikely the FTC is controlling a 3rd par...
By ASHP-BOBBA , 1 day ago
-
RE: Mitsubishi Ecodan Produced energy showing 'INVALID'
Hello! I tried your idea and disabled the cooling funct...
By sorin , 1 day ago
-
RE: What should we do with our Aga?
@RobinBennett We also have an AGA. Oil fired that we...
By Morgan , 1 day ago
-
RE: Heat Pump Books For Beginners – Bodge Buster & From Zero To Heat Pump Hero
@editor Many thanks Mars, this will be my Christmas rea...
By Odd_Lion , 2 days ago
-
RE: Anyone have experience with Clivet (Midea?)? And monoblocks vs Splits?
@benson Good to hear!
By bigvibes , 2 days ago
-
RE: Very noisy Daikin Altherma
@editor I did not find a solution, and have pretty much...
By Zogy , 2 days ago
Latest Topics
-
By Jeff 4 hours ago
-
Which system is most efficient...
By bigvibes 2 days ago
-
What should we do with our Aga?
By RobinBennett 2 days ago
-
Reducing heat pump vibrations through flat roof
By sten_super 2 days ago
-
Fitting heat pump plumbing and pipes in advance?
By RobinBennett 2 days ago
-
By Broadsman 2 days ago
-
How to Clean a Y-Strainer Filter
By Mars 2 days ago