Business Energy Mis-Selling Claims

Has your business been paying too much on energy bills? Winn Solicitors is here to help, with our dedicated team on hand to offer advice and guidance and manage your claim for reimbursement of overpayments.

Following significant research, Winns has found extensive mis-selling within the business energy market, particularly for gas and electricity.

Why might you have a mis-selling claim?

Speaking from a Winns’ point of view, we noticed that our electricity and gas bills had risen quite sharply and contacted the broker. The broker fobbed us off telling us that wholesale rates had risen, and it was just where the market was. He reassured us we had the best deal. We did not and we were being lied to. 

We believe it is likely that you have been mis-sold energy costs as well if you are a business customer and thus do not have the protection of a regulator or regulated broker.

An energy broker is acting for you and owes you a duty of care as his agent to get you the best reasonable deal or at least to be open and clear on advice on the alternatives. From our enquiries and enquiries from clients, we can see that mis-selling is rife and more probable than not within the business energy broker market.

What is an average claim worth?

All contracts are different, as is the amount of mis-selling and the level of breach. As a very rough guide, we have found it is likely that we can recover and claim between 10 and 20% of your previous energy bills back from the broker or others who received the benefit from the energy broker’s mis-selling.

For example, our own claim will be in the region of 20% of energy costs and we have seen others in the region of 10-20% as a usual figure. It can be higher, and it is even possible you have used an ethical broker and there is no claim. This we have found to be unlikely.

What can you do to check whether you have been mis-sold?

Call us on 0800 988 2281. We offer a free service to check whether you have been mis-sold and to advise you on making a claim and getting out of a mis-sold bad deal and getting a much better deal moving forward.

How do Winns get paid?

Winns offers a legal service that will assist you in breaking a bad energy contract while getting you a better deal moving forward. Winns will also claim damages for any previous mis-selling. We are so confident that these claims will be successful in the vast majority of cases that we are prepared to offer a fully funded, no win no fee agreement. What's more, we cap our legal costs, which will be agreed at a fixed rate at the outset of your claim, and guarantee that you will never be asked to pay any more. The agreements offered provide full protection against both our and the other side’s costs and you only pay our fees if we are successful out of the damages/savings you make.

Others don’t work on a no win no fee basis and require you to take out an extra insurance to cover the costs of their fees or the other side. They also don’t cap their legal costs or cover the risk of losing, which could result in you paying all of your and the other sides legal costs. 

What happens if we can break a mis-sold/bad energy contract?

We will seek to persuade any current energy company that they should allow you to move the bad contract to a new, ethical contract at the earliest opportunity. If they agree, you would be able to move quickly and efficiently to a good, ethical provider. We can provide advice and guidance and a referral to an ethical energy provider if you so wish so that you don’t get into the same problems in the future with regards to gas/electricity mis-selling.

How long will an assessment take?

Not long – We will ask a few questions and for any bills you have, together with any contracts you have. If you don’t have contracts, providing we know the supplier, we can obtain them for you and make the assessment.

In some cases, the assessment can be done in 48 hours and in others where contracts are needed from the suppliers, it can take a bit longer.

We will provide you with an approximate calculation as to the level of mis-selling in the past and the cost of mis-selling with your existing contract. We will advise you on the best way to proceed to claim the cost of the mis-sold energy back and in relation to seeking to break your contract so you can move to a more cost-effective provider.

What types of mis-selling have occurred?

The easiest one to prove is where you have not been given or told in writing what the energy broker’s fees would be and how much it would be for the contract they recommend. The majority of independent business brokers appear, from what we have seen to date, to fail on this first test.

There are lots of other forms of mis-selling and we will advise you of them. The beauty, for us, of the energy contracts is that it is clear on the face of the contract/tariffs and other documentation when you have been mis-sold to. You don’t need to go looking for a particular point of mis-selling.

Why does mis-selling affect businesses and rarely consumers?

Consumer contracts involving members of the public and residential homes are regulated by Ofgem, who require careful standards and proper treatment. They require for example, that all calls are recorded, agreements are clear on the commissions to be paid and they have clear rules in place for treating the customer fairly. They can order compensation and charge the energy broker or provider for investigating any complaints. Very surprisingly, there are no such rules for business customers, and this has led to a culture of mis-selling and lies and deceit in order to obtain large commissions at the cost of the business customer.

How do I know if I have used an energy broker?

You don’t need to worry about that; simply call us and we will make that assessment for you. Energy brokers often have lots of different names or titles, so it is not always easy to see who you are dealing with. In our experience, we can find out very quickly and advise you appropriately. Approximately three-quarters of companies in the UK have used the services of an energy broker in the past. Energy brokers are the main source for businesses to obtain energy. They may not always be obvious as they are often in comparison websites and appear as if they are energy providers.

If I pursue a claim am I likely to go to court?

The vast majority of cases settle, and compensation is obtained without going to court. It is therefore unlikely. If your case does go to court, we will represent you and cover all costs and risk on your behalf.

Why use Winns?

Winns has studied this area of the market very closely and developed a fully funded and protected service to claim compensation from the mis-seller or an energy company higher up the chain. A specialist team is able to quickly and efficiently assess cases and progress them. We have a Trustpilot score of 4.8 (out of 5) with over 5,000 reviews as of April 2021. We have a Google rating of 4.4 from 1,440 reviews. As a firm of solicitors, we are fully regulated by the Solicitors Regulatory Authority. All calls are recorded and assessments are made in writing. Ready to start a claim?

How to get started?

Call 0800 988 2281 now.

Read more Energy Mis-selling news