New proposals, which will be outlined tomorrow, will give Ofgem, the energy regulator, additional powers which will enable them to force energy providers to compensate consumers directly if they don’t handle their complaints properly or are guilty of mis-selling their products. Ofgem will be free to decide on the level of compensation to be paid to customers, as there won’t be a capped maximum figure. This will bring Ofgem’s powers in line with other regulatory bodies such as Ofcom and the Financial Services Authority.
Under the current system, Ofgem can fine energy suppliers up to ten per cent of their turnover for licence breaches. However the payments don’t, at the moment, benefit the customers as the fines go directly into the government’s pot. The proposed changes, if approved, should be a part of the energy bill, to be published later in the year.
During the past few months Ofgem has imposed fines on the energy providers. In November 2011 they fined npower £2m for the mishandling of customers complaints. This was some months after Ofgem fined British Gas £2.5m for a similar offence.
EDF Energy has recently decided to pay £4.5m to 70,000 vulnerable customers who will now receive refunds of approximately £50 each. This was after the Ofgem decision that the energy provider had been guilty of making misleading sales claims. A statement which was released by Ofgem at the time said the EDF Energy had “offered” to pay the customers. Under the new proposals Ofgem could impose the repayment, rather than the voluntary stance suggested by the energy provider.
During the past five years Ofgem has been successful in “persuading” the energy providers to make some compensation payments which have exceeded £6m. Additionally it has imposed £18m in fines. A statement from Ofgem said “These powers, which we have been seeking from government, would strengthen our ability to take more targeted action against companies that are found in breach of their licence.”
Ed Davey, energy secretary stated “I want to make sure that consumers are protected and that the independent energy regulator has the powers it needs. We are looking at beefing up Ofgem’s powers further so that should the need arise it can make companies compensate consumers directly, rather than necessarily having to rely on a voluntary approach.” Ofgem will still be able to impose fines on the energy providers if it is required.
Energy UK which is the trade body which represents the electricity and gas companies has commented “The industry welcomes the opportunity to respond to the consultation and will actively engage with the energy regulator to see how these proposals work in practice.”
It has become obvious during the past few months that trust in the big six energy providers had gradually disappeared with every new price rise, and revelations about mis-selling to customers, together with the poor response from them in relation to complaints. Perhaps this will redress the balance, so that consumers aren’t constantly fearful about increasing prices and the lack of care offered by the energy providers.
