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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Three years ago I entered into an agreement with Eon to supply

Resolved Question:

Three years ago I entered into an agreement with Eon to supply electricity to a pub/restaurant for £2,500 pm
The meter in the building was said by Eon to be unreliable for an accurate reading and would need to be changed before they could get a useable reading, hence the £2,500 was to cover the supply until they fitted said new meter.
I had suggested via an email that I should pay a fixed amount pm until they got a meter fitted that would give accurate readings. They agreed. There was no other contract written or implied.I did not agree to there being any correction based on the figures that would be generated by the new meter.
It took them three years to change the meter, all that time they were sending estimated readings which ended up with a £35,000 underpayment. Now they have the benefit of real readings they have decided that the estimated bills were actually in line with the actuall usage and they now want full payment.
If I accepted this, which I don’t. I got no duty of care from Eon.
I expected a new meter within three months, not three years.
If they had have made this point three years ago I would have had opportunity to mitigate my position.
Eon have never pressed for the estimated payments until now.
Andrew
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you What is it you would like to know about this please?Alex
Customer: replied 1 year ago.
Whether or not I have a case. In the absence of anything else I believe the exchange of emails agreeing to a payment plan is simply that. It does not agree to pay more or less when they have the correct meter readings available to them.Will a judge think along the same lines?Would you like to see the letters?
Expert:  Ash replied 1 year ago.
If you can attach the relevant ones here. I do not understand that the £2500 is for?
Customer: replied 1 year ago.
The £2500 was what was agreed we should pay Eon to cover the cost of the supply. It started off at £3,000 but was reduced after a couple of months.The two letters attached are the only correspondence we had between us regarding how much I would cover the cost of supply.
Expert:  Ash replied 1 year ago.
Just to be clear there has never been an accurate meter reading showing your use?
Customer: replied 1 year ago.
HiThe reason we had to agree a reasonable monthly amount was that they said the existing meter was not able to give a meaningful reading. All the estimated statements they sent were ignored by both parties. So, no accurate meter readings were available for the three years this dragged on for.Interestingly, when the new meter was finally commissioned last November I was told that the new readings were “in line” with the old meters readings... but that’s another argument.
Expert:  Ash replied 1 year ago.
Ok, so I assume they installed a new meter?
Customer: replied 1 year ago.
Yes, last November.
Expert:  Ash replied 1 year ago.
So this new bill when is that for?
Customer: replied 1 year ago.
The new meter gives them accurate readings, from this they have calculated what we used over three years and have charged for it.
Expert:  Ash replied 1 year ago.
Ok. But they don't one what the reading was when you moved in?
Customer: replied 1 year ago.
No. The reason I paid them a set amount each month was that they declared the old meter was useless.The old meter has never played a part as regards ***** ***** we did or didn't use.As previously mentioned, now they are taking a proper reading from the new meter they say the consumption appears to be in line with the old meter. So what? We had a deal to pay an amount until they got me a new meter which would give accurate readings. I say based upon our simple agreement that I don't owe them the difference. I paid what they asked for every month without fail.
Expert:  Ash replied 1 year ago.
But that was an estimate as to what you would be consuming?
Customer: replied 1 year ago.
I did not receive an estimate. It was a fixed price contract. How Eon came to the price they accepted is down to their expertise.
There was no contract other than the two mails you have seen.
Expert:  Ash replied 1 year ago.
Ok, so its a guess about what you would have used. I understand the background now. You want to now whether or not you are liable, correct?
Customer: replied 1 year ago.
Yes
Expert:  Ash replied 1 year ago.
Ok. In my view you are not liable. They have no accurate reading of when you moved in. They only have a reading of the new meter and although they have back calculated, there is nothing to say that your usage has been less or more than the backdated usage.You should raise a formal complaint and dispute it. They will investigate the matter and report back to you. If they find against you then you can always complain to the Ombudsman.They offer a free, independent service and can examine your complaint for free at: https://www.ombudsman-services.org/energy.htmlBut based on what you have said, they have no way of knowing what you have actually used.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thanks for that.
Andrew
Expert:  Ash replied 1 year ago.
Good luck Andrew.AlexIf this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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