NSW Australian Consumer Law - Electricity Provider Charging Us for Their Mistake?

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MichaelJ

Member
6 March 2017
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In Jan 2017, our retail electricity provider issued us with a number of invoices which retrospectively charged us for electricity consumed between March and December 2016 because they (or a third-party) failed to read one out of numerous meters which are all located in the same meter box at our residence.

As we had paid our electricity charges in full all throughout 2016, I believe that the electricity provider should not be charging us for mistakes made by their personnel or other third party personnel in charge of reading our electricity meters in 2016. Numerous conversations with their customer service personnel were unfruitful in resolving this matter and the electricity provider maintains that we ought to still pay for the electricity consumed on the meter which was not accounted for throughout 2016.

I believe that the electricity provider is acting in a misleading manner which is bordering on bullying. Accordingly, I would like to know about any\all Australian Consumer Law provisions\conditions\other made in by the organisation in the following areas:

1. What qualifies as misleading and bullying behaviour by an electricity provider?

2. Provisions in place to protect a consumer should an electricity provider fail in its duty to properly charge a consumer for electricity consumed;

3. Examples of precedents\cases which support a consumer not paying after an electricity provider was found to be in the wrong;

Thanks in advance.
 

Rod

Lawyer
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27 May 2014
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1. Requesting payment is not bullying. What do you think has occurred that is misleading and bullying behaviour? Keep in mind a genuine mistake by them is not misleading behaviour. Also, you should be checking the bills and should have noticed that a meter reading was missing. I'm not saying you are, but maybe the energy company thinks this is fraud or perhaps deception by you?

2. The retailer can only back bill 9 months. See this: Billing and reading meters - Energy & Water Ombudsman NSW

3. How is the electricity company in the wrong by requesting payment for electricity that has been consumed by you? Attempting to prove misleading or bullying behaviour is unlikely to absolve you of responsibility to pay. If the payments are too much financially to handle, ask for a payment plan you can afford.