Energy back-billing: refuse charges over 12 months old
A 'back bill' is a catch-up charge for energy you've already used but were never correctly billed for, often because the supplier relied on estimated reads, lost a meter reading, or set your Direct Debit too low. Since May 2018, Ofgem's back-billing rule has banned suppliers from charging domestic customers and microbusinesses for energy used (or standing charges) more than 12 months before the date of the corrected bill, where the error was not your fault. If you've been hit with a large, unexpected catch-up bill stretching back years, you can challenge it.
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Under Ofgem's back-billing rule (in the standard supply licence conditions), your supplier cannot bill you for energy used, or standing charges incurred, more than 12 months ago if you were not correctly billed for it before, even though you asked, were not told about the charge through a statement of account, or your Direct Debit was set too low to cover the actual cost. The protection covers domestic customers and microbusinesses. The main exception is where you actively prevented accurate billing, for example by blocking access to the meter or tampering with it. If the supplier has already taken money for back-dated charges that fall foul of the rule, it must refund what was wrongly charged.
Step by step
- 1Work out the cut-off date: 12 months back from the date printed on the catch-up bill. Any usage or standing charges before that date are likely covered by the back-billing rule and should be written off.
- 2Write to your supplier (email or its complaints address). State that you are invoking Ofgem's back-billing rule, that you were not accurately billed for the older period despite this being the supplier's error, and ask them to remove all charges older than 12 months and refund any money already taken for that period.
- 3Give the supplier up to 8 weeks to resolve the complaint. Keep copies of all correspondence and any meter readings you submitted. Ask for a 'deadlock letter' if they reject your complaint before 8 weeks.
- 4If the supplier refuses or doesn't resolve it within 8 weeks, refer the dispute free of charge to the Energy Ombudsman, whose decision is binding on the supplier. Submit your timeline, the bill, and copies of your correspondence.
What they'll say, and your comeback
“The energy was genuinely used, so you still have to pay for all of it.”
Comeback, Whether the energy was used isn't the test. Ofgem's back-billing rule bars charging for usage more than 12 months old where the supplier failed to bill correctly. I'm not disputing consumption, I'm disputing charges for the period before the 12-month cut-off.
“The undercharge was caused by estimated readings, so the rule doesn't apply.”
Comeback, Estimated readings are the supplier's billing method, not my fault. The rule specifically protects customers who weren't given an accurate bill, including where estimates were too low. Unless I obstructed meter access, the 12-month limit applies.
“Your Direct Debit was simply too low, so this is just a balance you owe.”
Comeback, Setting the Direct Debit too low to cover actual usage is exactly one of the situations Ofgem lists as protected. I cannot be back-billed beyond 12 months because my payments were set too low through no fault of mine.
FAQ
Does the back-billing rule apply if I never sent meter readings?
Generally yes, the protection still applies. Suppliers are expected to obtain or request readings and bill accurately. You only lose protection if you actively prevented accurate billing, for example by refusing meter access or tampering with the meter. Simply not volunteering readings is not enough to remove your protection.
What if I've already paid the back bill?
You can still claim. If the supplier took money for charges older than 12 months that the rule should have prevented, it must refund the wrongly charged amount. Raise it as a complaint, and if it isn't resolved within 8 weeks, take it to the Energy Ombudsman for a binding decision.
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A self-serve tool, not a law firm. General information, not legal advice.