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My smart meter sent intermittent readings to my energy supplier, who now wants to send me a supplementary bill for energy usage going back 18 months.
He says he knew about the problem and should have informed them, so the retroactive billing code does not apply. Is this correct?
Air conditioning, Chorley.
Ruling: A reader’s faulty smart meter resulted in being charged less on his energy bills for 18 months. Can his supplier then send him a bill to “catch up”?
Dean Dunham responds: If your gas or electricity supplier believes that you have not been billed correctly for the energy you have used, they may send you a late bill or a “catch-up” bill.
The regulator, Ofgem, states that under “backdated billing rules”, energy suppliers cannot bill you retrospectively more than 12 months before unbilled energy use.
This rule applies unless you caused your bill to be incorrect by hiding the actual amount owed, stealing energy, or doing some other dishonest act that causes your supplier to underbill you.
The problem you describe with your meter is common among the first edition of smart meters, known as Smets1, and energy providers are fully aware of the problem, which has been well documented in the media.
If you are in this group, I am at a loss to understand how your provider can avoid the retroactive billing code.
Even if your meter is not a Smets1, I still think you cannot be held liable for your meter being faulty unless you intentionally caused the fault and/or actively concealed the fault from the energy supplier.
Assuming you have not committed either of these offences, I advise you to write to your energy supplier and tell them that the retroactive billing code clearly applies. It is therefore not legal for them to charge you for unbilled energy consumed more than 12 months ago.
If your supplier continues to claim that it can do so, ask for a standstill letter (i.e. a letter setting out its final position in relation to your complaint) and make a complaint to the Energy Ombudsman. At this stage, your supplier should stop pursuing you pending the outcome of the Ombudsman’s investigation.
The neighbor’s garden party takes over the place
Our The terrace by the sea has a communal garden. Last weekend, a neighbour set up a gazebo and organised a barbecue for at least 20 friends.
It was a total takeover and we couldn’t have sat on the grass even if we wanted to. What are our rights?
Vermont, South Sea
Dean Dunham responds: There will be rules in place regarding use of the community garden, and these will set out what you can and cannot do.
If properties are owned freehold, you will usually find rules outlined in your property deeds or in separate legal agreements.
If it is a lease, you should check your rental or lease agreement. Community garden rules often focus on respect for the space and other residents.
Landlords will normally be responsible for enforcing these rules to maintain order and compliance with local and legal requirements.
Sometimes enforcement of the rules falls to a managing agent, tenant association or landlord. Therefore, you will need to determine what the rules are and who is responsible for enforcing them.
Common rules in this type of community garden include banning smoking, noise, barbecues, drying clothes, and allowing pets to roam freely without a leash.
There are also often obligations on users of community gardens to keep them clean and tidy and not to disrupt the peaceful enjoyment of others.
Chances are your neighbor has broken several of your yard rules, which gives you a legitimate reason to complain. However, it’s never wise to be heavy-handed, as you don’t want to get into trouble with him.
My advice is to follow three steps. First, find out what the rules are; second, politely remind your neighbor of them and explain your disappointment at the non-compliance and how it affected your enjoyment of the property and the garden.
If you still believe that these types of incidents will occur regularly, find out who enforces the rules and file a complaint with that person. As always, it is helpful to have evidence, such as photographs showing the rule-breaking.
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