Smart meter fault meant I was underpaid – can supplier charge me back? DEAN DUNHAM responds
My smart meter occasionally reported meter readings to my energy supplier. They now want to send me a back payment for the energy consumption of the past 18 months.
It says I knew about the issue and should have informed them, so the back billing code doesn’t apply. Is that correct?
AC, Chorley.
Problem: A reader has a defective smart meter and has therefore paid too little energy for 18 months. Can the supplier then send him a ‘catch-up invoice’?
Dean Dunham responds: If your gas or electricity supplier believes that you have not received the correct invoice for the energy you have used, you may receive a subsequent calculation or catch-up invoice.
The regulator, Ofgem, states that under its ‘overdue billing rules’, energy suppliers are not allowed to bill you for unbilled energy use more than 12 months in advance.
This rule applies unless you have incorrectly created the bill by hiding the actual amount owed, stealing energy or performing some other dishonest act that causes your supplier to ‘undercharge’ you.
The problem you describe with your meter is a common problem with the first edition of smart meters, better known as Smets1. Energy suppliers are fully aware of the problem, which has been extensively documented in the media.
If you are in this group, I don’t see how your provider can bypass the back-billing code.
Even if your meter is not a Smets1, I am of the opinion that you cannot be held liable for a defective meter unless you deliberately caused the fault and/or actively concealed the fault from the energy supplier.
Assuming you have done neither, I would advise you to write to your energy supplier and state that the back billing code clearly applies. It is therefore not lawful to charge you for unbilled energy used more than 12 months ago.
If your provider continues to claim that it can do this, ask for a deadlock letter – this is a letter setting out the final position on your complaint – and complain to the Energy Ombudsman. At this stage, your provider should no longer be chasing you while waiting for the outcome of the ombudsman’s investigation.
Takeover of garden party by neighbors
Us terrace by the sea has a communal garden. Last weekend a neighbor put up a gazebo and had a barbecue for at least 20 friends.
It was a complete takeover and we couldn’t have sat on the lawn if we wanted to. What are our rights?
VT, South Sea
Dean Dunham responds: There are rules for the use of the communal garden. These state what you may and may not do.
If the property is owned, you will usually find the rules in the title deed or in separate legal agreements.
If you have a leasehold, you should review your lease or rental agreement. Community garden rules are usually focused on respecting the space and other residents.
Typically, homeowners are responsible for enforcing these rules to maintain order and comply with local and legal requirements.
Sometimes enforcement is the responsibility of a manager, a tenants association or a freeholder. So you will need to check what the rules are and who is responsible for enforcement.
The most common rules in communal gardens include a ban on smoking, making noise, barbecuing, drying laundry and allowing pets to roam freely without a leash.
There are also usually obligations on users of communal gardens to keep them clean and tidy and not to disturb the peaceful enjoyment of others.
It is likely that your neighbor has broken some of your yard rules, which gives you a legitimate reason to complain. However, it is never advisable to be heavy-handed, as you never want to get into an argument with them.
My advice is to take three steps. First, find out what the rules are; second, politely remind your neighbor and express your disappointment at breaking the rules and explain how it has affected your enjoyment of the house and garden.
If you still think that such events are likely to occur regularly, find out who is policing the rules and file a complaint with them. As always, it is wise to have evidence, such as photos, that demonstrate the violation of the rules.
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