Four British energy suppliers face investigation into claims of misselling

Sunday, September 5, 2010

The Office of Gas and Electricity Markets (Ofgem), the regulator of the electricity and gas markets in Great Britain, has launched an investigation into four of the largest British energy suppliers over suspicions that they not be complying with face-to-face and telephone sales regulations. The four organisations facing scrutiny could be fined up to 10% of their annual turnover if it is found that they are breaking sales regulations. Scottish Power, npower, Scottish and Southern Energy and EDF Energy are all to face questioning by the organisation.

Ofgem has urged customers of the four companies to alert the energy regulator, “if they are concerned about the sales approach any domestic suppliers have taken when selling energy contracts, either face-to-face or by telephone,” according to a statement. “As part of the investigation process Ofgem will examine any evidence of non-compliance and consider whether there are grounds for exercising enforcement powers.”

New regulations on sales tactics by energy suppliers were recently introduced, and, Ofgem has said, energy suppliers must be “proactive in preventing misselling to customers both face to face and over the phone. Also, if suppliers are selling contracts face to face they must provide customers with an estimate before any sales are concluded. In most circumstances customers should also receive a comparison of the supplier’s offer with their current deal.” Only one in five consumers consider energy suppliers to be trustworthy, and 61% of people feel intimidated by doorstep sales people from energy companies. According to the organisation Consumer Focus, “complaints have declined since new rules came into effect this year, but suppliers still seem to be flouting the rules. Some customers are still being given misleading quotes and information, which leave them worse off when they switch provider.”

The newspaper The Guardian has reported that “householders are reporting that sales agents working for the energy suppliers are giving them misleading information and quotes which leave them worse off when they switch supplier.” Consumer Focus has said that if energy companies continue to break the rules, they could be banned from doorstep-selling completely. The report goes on to say that “new figures from helpline Consumer Direct show that while the number of complaints has fallen since last year, about 200 cases of mis-selling are being reported each month.” However, Scottish Power said it insists on “the highest standards possible for all of our sales agents”, and npower told the Financial Times that it was “confident that the processes we have in place mean that we comply with our regulatory obligations”. EDF added that it was “fully compliant with all obligations regarding sales of energy contracts”.

According to the regulator, the obligations are serious and must be followed by energy supplies, or they will face “tougher sanctions than those available under more general consumer protection law.” Ofgem has published a guide advising consumers what they should do should an energy salesperson contact them in person of by telephone. Improper sales tactics are still common in the industry—in 2008 an Ofgem investigation found that 48% of gas customers and 42% of electricity customers were worse off after switching supplier on the doorstep. Npower was fined £1.8 million in 2008 by the organisation, and Ofgem insists that they are “committed to taking action” over improper sales activities by energy companies. “Suppliers have existing obligations to detect and prevent misselling and new licence conditions were brought in following our probe to further increase protection for customers,” said Andrew Wright, a Senior Partner of the regulator. “We expect all suppliers to comply with these tougher obligations but if our investigations find otherwise we will take strong action.”

Head of energy at Consumer Focus, Audrey Gallacher, called the investigation “a welcome step … to address years of customers getting a bad deal on energy prices on their doorstep. While many doorstep sales people will do a good job, the pay and rewards system continues to encourage mis-selling, despite years of regulation and voluntary initiatives. If better advice for customers and enforcement of the tougher rules doesn’t end the flagrant abuse of this form of selling the big question will be whether it should be completely banned.” Christine McGourty, director of Energy UK, which represents the leading gas and electricity companies, said that “the companies involved will collaborate with the Ofgem investigation and are awaiting further details from the regulator. Any sales agent in breach of the code will be struck off the approved energy sales register.” Which? chief executive, Peter Vicary-Smith, has said he considers the situation “shocking”, saying that the investigation “will do nothing to improve consumer trust in energy suppliers. We’re pleased that Ofgem has promised tough measures against any firms guilty of mis-selling. We hope it uses this opportunity to tighten rules around telesales so they are in line with those for face to face sales.”

SNP Westminster Energy spokesperson Mike Weir MP, however, said that the investigation “does nothing to tackle the real problem of fuel prices which leave many Scots facing great difficulty in heating their homes … Rather than tinkering around the edges Ofgem should be looking at how to reduce prices for vulnerable households.” Gareth Kloet, Head of Utilities at Confused.com, one of the UK’s biggest and most popular price comparison services, also welcomed the inquiry. “It is unacceptable for energy companies to mislead customers like this,” he said, adding that Confused.com has previously “urged energy providers to either stop the practice of doorstep selling or make it very clear to households that better deals are available online. There is no reason why door-to-door salesmen can’t show people online deals and even help households switch to them.”

“Our research reveals customers could end up paying £167 more than they need to as door-to-door salesmen are unable to offer the discounts that are applied online. The changes that have been made to date are a welcome addition to safeguard customers; however this review has been much needed for a long time. Hopefully it will mark the end of customers being overcharged and missold,” Kloet continued. “Our message to energy consumers remains the same: they should shop around online to make sure they’re getting the best deal possible and turn these salesmen away.”