Energy mis-selling Get money back for mis-selling & wrong bills

Did the salesman ask you to sign something, saying it was the only way to give you a quote? Or did he say you were just signing to prove he had knocked on the door, and then you found yourself switched without further consent?

This is known as slamming. If it happens, both your existing supplier and new supplier have joint responsibility to sort it out. You shouldn't have to pay anything to the new supplier.

If they've forged your signature, it's a criminal offence. You'll get £250 compensation if it's proven.

What the rules say: Ofgem Licence Condition 25.5 c) ii says customers must understand they've entered into a contract.

Section 9 of the EnergySure code also states consumers must understand "they are entering into a contract to transfer their energy supply" and when customers are signing a contract, it must clearly have the word CONTRACT visible.

If they didn't understand they were switching supplier, it says they should cancel the contract and may be entitled to money back or compensation.

Salesmen may ask you how much you currently pay for energy per month and simply set your direct debit at a lower amount to encourage you to switch. This doesn't mean you'll pay less for your energy overall.

Direct debits can be set at any amount, depending on how much energy your supplier thinks you'll use. All that happens with a low direct debit is you'll have to catch up later in the year.

If a salesman tells you you'll pay less and you end up paying more, this could be deemed as mis-selling by the Ombudsman.

What the rules say: Ofgem Licence Condition 25.1 a) states information given to the customer should be complete and accurate, and not mislead the the customer.

Licence Condition 25.6 says if the salesman tells you the new contract will be cheaper than what you pay now, he has to provide you with a comparison based on your current usage and costs. If he can't don't provide that info, he has to give you a best estimate.

Case studies from the Ombudsman suggest setting a low direct debit in order to get you to switch is viewed as mis-leading.

We've been inundated with reports that salesmen have quoted MSE or Martin to encourage switching. Some say Ofgem, the independent regulator, has sent them.

MSE would never single out one energy company and name it as cheapest for everyone. The cheapest provider depends on where you live and how much energy you use. We always suggest using comparison sites. Salesmen are not allowed to use these incorrect lines to get you to switch.

What the rules say: The law says a contract may be set aside for misrepresentation. So this means if you've been led into a contract due to a false statement of fact (not opinion), you may be entitled to cancel the contract and get possible damages as well. Whether the misrepresentation was negligent, deliberate or innocent, doesn't matter.

Anyone who switched to Scottish & Southern Energy (including Scottish Hydro, Southern Electric, Swalec and Atlantic) on the doorstep between October 2009 and July 2011 may be able to get compensation, under its sale guarentee scheme.

It wrote to everyone it thought may be due compensation in January 2012. Anyone, whether they got a letter or not, can ring 0845 0707 388 to register their details. It says you must prove, from the details you supply, that you suffered financial loss.

SSE says you may have a case if: you were told your direct debit would be lower, they said Martin Lewis recommended them, or you were switched without consent. See the SSE Mis-selling Compensation news story.

Everyone who can answer 'yes' to any of the questions in our mis-selling checklist has a right to redress. You don't need to have got a letter from SSE, switched within those dates and or switched on the doorstep (you could have switched over the phone).

A fixed tariff means you pay a set amount per unit of energy regardless of whether prices increase or decrease. Capped tariffs promise not to go above a certain limit and tracker tariffs usually follow just above or below standard rates (which in turn are decided by the supplier).

Were you sold a fixed or capped tariff but it wasn't fully explained what it was or how it works? Were you told that your prices wouldn't rise on a tracker tariff?

What the rules say: Ofgem's licence conditions state every energy supplier must provide information that is easily understood and doesn't mislead customers. Fixed and capped tariffs aren't straightforward and aren't suitable for everyone.

So if a salesman has not properly explained how a fixed or capped tariff works, you may be able to get compensation.

Many energy tariffs now have cancellation fees if you leave the tariff before the contract's due to end. These can be anything from £20-50 per fuel.

Salesmen have a duty to tell you about these before you sign up for a new contract. If a salesman hasn't done this, you may be due compensation.

What the rules say: Section 9.4 of the EnergySure code says that sales agents must take all reasonable steps to ensure consumers know they can cancel or terminate the contract, including any charges or loss of benefits this may cause.

If you're signing up to a new contract, door-to-door salesmen must provide an estimate of the cost of the new tariff there and then. In most cases you should also get a comparison against your existing tariff. If they're claiming you'll pay less, they must provide a comparison based on either info you provide, or their best estimate.

What the rules say: Ofgem's licence condition 25.6 a) says the representative must "provide, in writing or by means of electronic display, an estimate of the total annual charges for the supply of electricity".

When you sign up for a new energy tariff online, over the phone or at your doorstep you must be given at least a seven-day cooling off period, which means you can cancel within seven days. At the time you sign the contract the salesman must give you written notice of that cooling off period. If they don't, the contract isn't enforceable.

What the rules say: The Doorstep Selling Regulations (which apply to any goods & services worth more than £35) say the salesman must give you written notice about your right to cancel the contract within the seven-day cooling off period (some suppliers give more time). If it doesn't, the contract is not enforceable at any time and you may be able to get compensation.

If you've complained to your supplier about a faulty meter already and they've done nothing, you should have cause for redress. If you've received a big bill due to this, you my not have to pay all of it, though the supplier's allowed to base bills on an estimate in this case.

What the rules say: The Back Billing Code says the supplier can't bill you for more than 12 months' energy in certain circumstances where it has made a mistake.

Some tariffs, called Economy 7, mean you get cheaper energy during off-peak night times. But suppliers have been known to mix up rates and charge night time usage at the pricier day rate.

What the rules say: The Back Billing Code applies here, so you shouldn't be billed for the error for more than 12 months. It states the code applies when people are billed for meter mistakes, eg, night readings recorded as day readings and vice versa, and the supplier had the opportunity to recognise this but did not investigate further.

If you've either given correct readings that your supplier has ignored or it's not maintained regular meter readings, you may not have to pay back any arrears past 12 months.

What the rules say: The Back Billing Code should again apply here. It states when a customer provides correct readings but a supplier rejects them as invalid without investigation, they shouldn't be billed for energy used more than 12 months ago.