Joining the Renewable Heating Hub forums is completely free and only takes a minute. By registering you’ll be able to ask questions, join discussions, follow topics you’re interested in, bookmark useful threads and receive notifications when someone replies. Non-registered members also do not have access to our AI features. When choosing your username, please note that it cannot be changed later, so we recommend avoiding brand or product names. Before registering, please take a moment to read the Forum Rules & Terms of Use so we can keep the community helpful, respectful and informative for everyone. Thanks for joining!
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.
Get a copy of The Ultimate Guide to Heat Pumps
Subscribe and follow our YouTube channel!
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.
Get a copy of The Ultimate Guide to Heat Pumps
Subscribe and follow our YouTube channel!
@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.
Get a copy of The Ultimate Guide to Heat Pumps
Subscribe and follow our YouTube channel!
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.
Get a copy of The Ultimate Guide to Heat Pumps
Subscribe and follow our YouTube channel!
@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?
Get a copy of The Ultimate Guide to Heat Pumps
Subscribe and follow our YouTube channel!
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.
Get a copy of The Ultimate Guide to Heat Pumps
Subscribe and follow our YouTube channel!
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?
Get a copy of The Ultimate Guide to Heat Pumps
Subscribe and follow our YouTube channel!
- 26 Forums
- 2,631 Topics
- 61.5 K Posts
- 843 Online
- 7,027 Members
Join Us!
Latest Posts
-
RE: Estimating true heat loss from twelve months of consumption data
Hi @ian33a you could do your own heat loss calculation ...
By Judith , 7 hours ago
-
RE: A2A vs A2W: Which Heat Pump Would You Pick?
@djh ah, I have never seen this before, interesting ide...
By ASHP-BOBBA , 7 hours ago
-
RE: Anyone concerned about GivEnergy?
@sunnyskies I agree with Downfield trying to ask the GE...
By Judith , 8 hours ago
-
RE: Setback savings - fact or fiction?
@jamespa — this version may be marginally better: &nb...
By cathodeRay , 10 hours ago
-
RE: New Vaillant aroTherm Plus in black - When will it come to the UK?
All going according to plan, mid July we get that 7kW a...
By Batpred , 10 hours ago
-
Current metrics - DHW target set to 47c
By TaffontheTaff , 15 hours ago
-
RE: My Grant R290 9kW Heat Pump Installation
@petch I'm very sorry that I have not picked up your po...
By GrahamF , 17 hours ago
-
RE: Samsung gen 7 HP 12kw - auto control issue and water law
Suggest you have a trial with Havenwise app. I have th...
By Broadsman , 19 hours ago
-
RE: New Solar, Batteries, Air Source and Under Floor Heating advice please
You’re right: UFH works best with high-conductivity fin...
By bafab , 22 hours ago
-
RE: DIY or Don’t Touch? Solarman Smart Meter Install
That was my understanding also.
By JamesPa , 22 hours ago
-
RE: Grant Aeona 3 R32 cycling with weather compensation.
That would be abnormal but I cant see from your charts ...
By JamesPa , 22 hours ago
-
RE: Vaillant Sensocomfort Time
Oh I remember this from when I set mine up 2 years ago,...
By JamesPa , 1 day ago
-
Heat geek have already stated that the pro is in fact c...
By JamesPa , 1 day ago
-
RE: The Myth of the MCS Performance Guarantee
@editor I know. As if MCS wasn't bad enough, it's now e...
By Deltona , 1 day ago






