Mistaken forced Spark Energy supply

AdamGreenEnergy

New Member
Aug 25, 2018
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I don’t know where to start, but this is becoming a very stressful situation.

I have put the details in very short form at the top here, but I have pasted a formal complaint I have written further down to Spark Energy. I have formally complained to Spark and their response doesn’t seem to acknowledge how they forced their supply on me without my consent and how I was mistakenly advised by them. I would be very grateful if someone can advise me on where the responsibility lies with these companies, and advise me on my rights and what the next steps might. I raised a formal complaint a few days ago and I think Spark Energy now see this as resolved.

IN SHORT:
• I have owned my own home for the past 10 years
• But rented it out for the past 3 years while I lived somewhere else, using Outlook Estate Agents in London
• Jan 18: I moved back in and chose Bulb Energy as an energy provider on quite a reasonable duel fuel deal
• Feb 18: Spark Energy think I am a tenant and block my deal with Bulb without my consent or awareness. I call my provider Bulb to tell them I want to stay with them
• Feb-July: I receive bills from Spark and thinking this is a clerical error I just keep them on file (Nb. I didn’t sign up to Spark and although they have an account number for me and have my name and address I have not even as of yet created an account online)
• July 18: I receive yet another Spark bill and call them to hear “This was an erroneous transfer and I would be moved back to Bulb”
• August 18: I receive another Spark bill (not a good deal and with added late payment fees) and am told the same about “erroneous transfer”)
• Then I eventually find out Spark think I am a tenant and blocked my account with Bulb because they had some sort of deal with Outlook Estate Agents
• Spark tell me I need to pay a bill of over £500 on an electric-only package I didn’t choose before I can move to my intended providers

NOTE:
• All this time I have been led to believe this was a clerical error and just kept hold of the bills from Spark
• Because of this I was led to believe Bulb was always my provider and I was paying them for this
• I only realised what was really going on last week when Bulb informed me I am overpaying them, and I go online to find out the electric supply was taken away from them (not gas though).
• In the mean time, bulb have kindly returned the £190 overpayment to me, and I have learnt the nature of the deal Spark have with estate agents.


THIS IS MY REPLY TO SPARK AFTER THEIR ADVISOR RESPONDS TO MY FORMAL COMPLAINT:

Dear Spark, I can confirm that I am the home owner. I have owned my home for the past 10 years. For the past 3 years I didn’t live in the property - I rented it out through the Outlook Estate Agency while I was living in Hatfield. That tenancy with Outlook ended at the end of December 2017 and I moved back in on the 1st of December, when I instructed Bulb to supply Gas and Electric as part of a dual fuel deal - £59.76 P/M. I continued paying this until I realised just the other day that Spark had forcibly taken over the electric supply from Bulb without my consent or awareness. I was in fact led to believe throughout the time between Feb-Aug 2018 that bills from Spark were the result of a clerical error (erroneous transfer). This is also the understanding Bulb had in February when they emailed me because they thought I was leaving them, and over the phone Bulb informed me that Spark would be informed of my intention to stay with them. This is also the understanding Spark's own customer services team had in July when over the phone they informed me it was an ‘erroneous transfer’ and I would be moved back to Bulb.

I didn’t worry too much at the time because as far as I was concerned I was still paying Bulb for the supply, and I thought the bills so far from Spark had been the result of an admin error.

It was on 18/08/18 in an email from Spark customer services team that I first heard the word ’Tenancy Agreement’, and it took a couple of emails for me to understand that Spark believed I was a rental tenant with Outlook. and that Spark had a deal/contract with Outlook to push Spark on its rental tenants. I cannot remember what I said on the phone in July with Spark in my astonishment about the bills coming through, but I would be surprised if I didn’t mention that I owned my own home and that I should be free to choose my own supplier. I do know that as soon as I was emailed in August about this ‘tenancy agreement’ I explained that I am a home owner and have never been a tenant with Outlook Estate Agency.

Bulb kindly informed me I was overpaying them and returned this (£196) to my bank account.

I am sure you can imagine my shock and stress finding out how Spark can take over my supply in this way. I am sure you can understand my instinct to sit on the bills when I clearly knew this was in error, and I am sure you can understand my shock in finding a bill for £539.95 with late payment fees added on a supply deal with Spark that I had no role in choosing.

I would be grateful if you could inform me whether you see this formal complaint now closed so I know how to proceed further. I will this evening be seeking advice through personal finance media to get further reassurance about my legal rights, and to help me understand where the responsibility lies for this mistake.

As evidence of my role as a landlord for the previous 3 years I have attached a contract where I am named as landlord. I also previously sent your customer services team a copy of my council tax and a ‘check out report’: a report done to assess any damage done by the old tenant before I moved back in to my own home. If you do want further evidence I have a trail of emails with Outlook leading up to my move back in to my home.