Business Gas and Electricity Mis-selling Claims - FAQs

Has your business been paying too much on energy bills? Winn Solicitors is here to help, with a 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. Here, we answer some of your frequently asked questions.

How has energy been mis-sold?

Winns began this service following an analysis of our own bills. When compared to the contract signed, our team found we had been mis-sold and lied to about commissions being paid to the energy broker.

After research into the energy selling market, we have found this to be a common issue and that companies may not be aware that they are paying more than they need to. 

Why is it just businesses being mis-sold to?

This is because the residential market is heavily regulated and most of the providers abide by the rules of the regulator. They face expensive complaints procedures, fines and punishments if they do not. No such protection has been in place for business and fuelling mis-selling practices.

How do I know if I have been mis-sold energy?

We will need a few documents, such as your energy bills, energy contract and any surrounding correspondence. From this, we can usually work out whether you have been mis-sold energy and the likely compensation. Winns has access to a large database of historic electric rates allowing us to check whether you have been sold the best tariff or whether you have been sold an inflated tariff which includes large commissions for the energy broker which were not disclosed.

How can Winns' expert team of legal professionals help?

Winns has set up a service whereby, after scrutinising the documentation that has been provided (or obtaining it from the energy provider if it is misplaced), we can assess whether there has been mis-selling and the size of the mis-selling, i.e. the level of compensation likely to be recovered if pursued.

Working closely with our partner, the ethical energy company PanoServe, to ensure businesses get on to an honest, fair energy contract, we pursue energy mis-selling claims on behalf of businesses. PanoServe, experts in assessing these types of claims and identifying mis-selling within documentation, will work with our legal teams as part of the process.

If you would like to find out if your business has been mis-sold energy, contact Winns today and discuss your situation with one of our team.

How much will it cost to pursue a claim?

Following your free assessment of relevant paperwork, Winns will then operate on a no win no fee basis, which means if your claim is taken up and is then unsuccessful, you won’t pay anything.

Winns will endeavour to complete your claim successfully, and if that is the result, then we will recover costs from the mis-selling party and any unrecovered costs, up to a maximum cap of any damages obtained from mis-selling. This will be agreed with you and fixed at the outset of your claim.

This means that you are guaranteed an all-inclusive service with a price cap guarantee, no hidden or additional charges, all with no risk of upfront costs to pay.

How far back can I go to make a claim?

As the energy broker is acting as your agent, if the agency duty has been breached through failure to make adequate disclosure, it is arguable that you can go back without statutory time limits.

In reality, it will only be possible to pursue cases where the evidence, i.e. contracts and statements, can be obtained and information evaluated.

Who will Winns pursue for compensation?

There are a number of possible external parties who will be engaged with in relation to compensation depending on the paperwork you have, and the circumstances of your energy deal. It may mean we pursue:

  • The energy broker
  • The energy aggregator (often a broker in disguise)
  • The energy wholesaler
  • The energy supplier
  • The directors of the energy broker (if the energy broker has gone into liquidation)

We will also assist and write complaint letters on your behalf to Ofgem and pursue complaints through the energy company if they are not cooperative.

Why choose Winns to pursue your energy mis-selling claim?

Winns has a dedicated team of professionals on hand to assess your claim and provide guidance and advice on how to pursue it.

After over two decades of pursuing compensation claims on behalf of clients, our team is well versed in guiding clients and delivering successful outcomes; there are many reasons to choose Winns:

  • We work on a no win, no fee basis
  • Free initial assessment of your potential claim
  • Dedicated team of advisors determined to help you
  • A collaboration with an ethical energy company, that allows for additional assistance and understanding of mis-selling energy company practices.

Contact Winns

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