BES Utilities review: mis-sold energy contract & prices 296

It may be worth taking a look at this thread here;

http://www.consumeractiongroup.co.uk/forum/showthread.php?434795-Commercial-Reduction-Services-auto-renewal

This is a bit of research I did, and does come up with an address for Commercial Power.

Unfortunately they are the biggest con artists about. They lost there license a few years back and managed to redeem it, I have no idea why! They sign you in to a 5 year deal with themselves therefore you can not go elsewhere initially believing you're in a 3 year deal. Also they pretend to be other suppliers to bring you in. They do not provide you're readings or tarriff basically you could be paying 22p kWh when last year you was paying 12p kWh the thing is you will never know because they don't tell you do not send bills with a run down. Oh and they clip the calls so when you ask for them they edit and send to you removing incriminating evidence. Very clever people. I was advised a few times to go with Inenco Direct. Who I did speak to prior to going with bes and in all honesty they were honest and polite and related to all my issues. That's who I will be going with next time

Hello Everyone,

It is with some satisfaction I can finally reveal that a major London law firm has now agreed to look into BES with the intention of starting a group action.

I am unable to divulge who this law firm is at the moment, as there are a couple of loose ends and the QC wants to see the cases in more detail (and needs a few more to look at). However, rest assured that the person I have looking at BES is one of the best QC's in the UK. He is vastly experienced with over 30 years experience in litigation both representing and taking actions against banks, investment companies and even the Government over contracts worth billions of pounds. He is the man for the job!

The lawyer is also concerned about any letters anyone may have received from a law firm acting on behalf of BES threatening defamation. This is clearly defended by True Comment, Honest Opinion, Public Interest and Fair Comment, which under the circumstances are entirely reasonable.

The group action is bring organised by someone else, but I can advise you it will seek to;

1) Investigate and if possible prove an unlawful connection between BES and brokers .

2) Investigate and if possible prove that contracts had been miss sold via bullying, intimidation, harassment and unwanted pressured sales calls.

3) Investigate and if possible prove that the contracts in question should be voided and the Contractees awarded damages.

4) Investigate and if possible prove that a number of telephone calls have been edited to serve the purposes of winning a judicial process.

5) Investigate and if possible prove that BES and companies herein have colluded and conspired to decept a court of law in order to obtain warrants for bailiff action and/or supply disconnection.

6) Using the evidence provided show our findings to a judge before a court of law with the intention of proving that BES and companies herein have acted unlawfully, wrongly and unreasonably - and to award the victims damages.

The QC has kindly offered to look at cases free of charge, with the intention to mount a case once he has in the region of 10 cases - which I think will be somewhat of an underestimate of what he will receive.

If you feel that you would like your case to be looked at, please email besclassaction@gmail.com with your details, they will be passed on and you will receive a reply in the upcoming weeks.

Hi Neil-uk.
I have postings on here re BES and have been one of those affected. I managed to buy ourselves out of the so called contract by paying an exhorbitant termination fee. I am always sceptical of sudden offers of help (BES made me like this). Can you perhaps share a bit more info?

Hi Pantiques123,

Yes the termination fees do appear extortionate. However, you may be able to get it back if we can prove you were mis-sold or somehow coerced into this contract under pressure etc.

As I hope you can appreciate I am privy to a fair amount of classified information, for both legal and obvious reasons I need to be careful what I put online.

Can you explain what you would like to gain information wise?

Hi Pantiques123,

I can't see what you have to loose at this stage you don't have to reveal any personal information. I also think numbers always add clout we can't all be wrong can we?
We have had the most traumatic 18 months at the hands of this company and three weeks ago I nearly gave in and let them disconnect us, but something has always told me that there has to be a way to get these sharks off our backs .
We to are very apprehensive but I think if you keep records of everything etc etc you should be fine.

Been scammed by these jokers. On two of my businesses. I feel very angry and will not let them win.
I did not agree to the contracts but they have cleverly adjusted the 'lengthy' calls.
We are being harassed everyday.

Arrrrrr

I think for most people, the worst aspect about BES is the idea that it is possible to get away with what they do. The cold calling, the fraudulent lies on the phone about prices, the pretense that the brokers are independent, the edited contract recordings, the chain of companies to make the deal untraceable, the obnoxious & dishonest staff, the extortionately expensive bills and the complete refusal to reply properly to any genuine concerns, all leave you pinching yourself wondering whether it can actually be happening in a country and market you assumed to be more or less regulated for consumers against such blatant fraud. But that’s the trick, businesses have different rules to everyday customers and that’s where people get caught out when they open a business thinking they are protected. It seems an unlikely scam, but it obviously works.

I think people would sign up for this legal case if it held the possibility of the people involved in the fraud being held to account. The return of fraudulently taken money is welcome to most businesses of course, but I think it’s the idea that BES can get away with this and cause so much anguish on a personal level that is most troubling to small business owners. So Neil, is there a possibility that the managers and directors who obviously know this fraud is going on, will be convicted? What does the QC say based on the cases you have described?

Hi Emi,

As you will appreciate, I do need to be careful what I put online... What I can tell you is;

As a supplier of energy, you are issued a license. Naturally like a driving license or anything else, this license is conditional that you adhere to the terms of that license. It is possible to prove that they have disregarded multiple conditions of that license, and thus that doing this it has caused harm to their customers.

I would at this stage say, anyone reading this that has received a 'gagging order' in theory will still be able to bring their case to the group action as evidence - any attempt to stop you doing that will be taken very seriously, and is almost certainly perverting the course of justice, so please do contact us in confidence.

As/when it is proved a breach of supplier license is proved, then the customers and those affected by that breach will need to have damages awarded to them.

Part of due process is to collate information to prove the company has acted in this manner, and once it is proved fraud has happened in that respect, it will then spread to who authorised it etc.

At this point the authorities become involved, and Warrants can be obtained for computers, records, personal finances etc. It is likely due to the nature of the case, at a transition to a criminal case, telephone records would be requested I imagine from all parties including brokers. Witness statements will be taken from all employees - many of whom will be young and not fancy a criminal record, so are likely to tell all.

One of the persons who is key to this matter, will be the group solicitor, as he would most likely have knowledge of nearly every case - as in cases where they have issued bailiffs and disconnection agents, he would have been the person to over-see the legal side of the applications. At present we can prove at least two of these actions were obtained via deception, but are keen to hear more!

From there it will come down to proving that other members; Joel Chapman, Andy Pilley, Ben Jones etc have been personally involved in the fraud. Quite clearly, this can be difficult, as it would almost be inevitable that the defense would be that had no idea what was happening and it was the staff, big company etc etc.

The stages are approximately;
1) To prove they acted outside their license conditions; and if found award damages.
2) To prove they did so knowingly and fraudulently; and if found hand to the CPS.
3) To prove which individuals were involved; which will become a criminal investigation.

As I hope you appreciate, after Stage 1, the CPS will become involved, and so on it goes.

I can't promise this will put Andy Pilley behind bars, but the more people we hear from the more concrete a case we have!

Does that help?

We are also trapped in a contract with BES. We supplied them with the correct amount of notice which was noted by them however they keep raising objections to the new supplier taking over and we are running out of time! Unbelievable that they are getting away with this!

Hi Cerij,

Please contact the email address above with a PDF statement of your situation and it will be forwarded to the QC.

Hi Cerij,

Sorry to hear you're having problems with your BES account. Please would you send us your details so we can look into this and contact you?

Thank you,

BES Utilities - Official Representative

Thanks for the help Neil-uk, I will forward the information on. Surprised about the message from BESutilities, I phoned them about this three times yesterday only to be put on hold for 15 - 20 minutes and then hung up on each time!

Hi Cerij,

That wait time doesn't sound right at all - We'll arrange for someone to call you straight back if you would please send your details to forums@besutilities.co.uk.

Thanks,

BES Utilities - Official Representative

My wife did the same mistake and got to the contract with BES despite that few days before I agreed for the 12months contract with Eon. It was last Friday and after few days we sent them cancelation letter, but they rejected. Today we are going to the solicitor, hope there is something to do about it... Any suggestion please? We will join any group against them. My email pual26911@googlemail.com

Hello Paul,

Please provide a witness statement to besclassaction@gmail and it will be forwarded to the relevant people.

Thanks

Hi paul26911,

We're sorry you're having some problems and are keen to look into any concerns via our dedicated online forum team. Please send any details to forums@besutilities.co.uk and we will get back to you ASAP.

Thank you,

BES Utilities - Official Representative

For the attention and information of everyone on the forum please be aware that Ofgem are now investigating several issues re BES. If you want further information about their investigation then please check out the Ofgem website and look under the investigations tab. You can also register on their website for e-mail updates on how their investigation is progressing.

no wonder after years and years of complaints on forums like this and cag..
suddenly we get to see BES Reps appearing all over the place
me thinks they are VERY worried.

of course those in the know have been aware they are all related to each other foryears
now we appear to be nailing them

good luck.

Hi BES representative
Can you please explain why you want to help when people post something derogatory on public forum and ignore repeated requests via email, post and telephone?

The company wouldn't get all this bad press if you dealt with your customers in an honest open manner.

Whilst you're at it, perhaps you could explain why Ofgem are investigating whether you are adhering to your Supply License Conditions?

https://www.ofgem.gov.uk/publications-and-updates/investigation-bes-and-its-compliance-its-obligations-under-gas-and-electricity-supply-licences-standard-licence-conditions-7a-7b-7-14-and-21b

"...the licensee is required to behave and carry out any actions in a fair, honest, transparent, appropriate and professional manner. It is a requirement that information is provided (whether in writing or orally) to each Micro Business Consumer which is complete, accurate and not misleading (in terms of the information provided or omitted); that it is communicated (and, if provided in writing, drafted) in plain and intelligible language; that it relates to products or services which are appropriate to the Micro Business Consumer to whom it is directed; and that it is otherwise fair both in terms of its content and in terms of how it is presented (with more important information being given appropriate prominence)."

If you are being investigated as to whether you are complying to this requirement, is sounds rather concerning especially as "[Ofgem] are aware of a high level of complaints made about BES and have also received a referral from Citizens Advice"...

Can you please comment further on the company's position, and whether you accept or reject the allegation of non-compliance in this respect?

As earlier posting OFGEM have at last started to investigate BES. Please register with Ofgem so they know the scale of the issue. Just go to their website search BES and it will come up.

Wish I'd read these comments before I signed up earlier this week. I was contacted by a 'broker' called UK utilities who found me the 'best deal around'. Looking at their website they are actually a marketing company that list bes (and eon actually) as their clients who told me they were an independent broker, so that was a lie from the start. I am so angry bes are getting away with this. I will sign up on the ofgem site

Hi Mattc2. I am so sorry that you are in a similar situation as the rest of us. Look at the previous page posting and send your information to forums@besutilities.co.uk as I think Neil (also in a similar situation) may be able to help you.

We are happy to comply with Ofgem and always have been, following an almost 10 year untarnished record as a supply business. Investigations are common place in the energy industry and this is one of 16 live investigations across all energy suppliers currently including many of the ‘Big 6’. We treat all Ofgem intervention seriously but we also see it as an opportunity to seek guidance on how to improve our processes and in this instance, as every other, we will be looking to Ofgem to help us tweak our processes for the future. I would encourage people to respect that an investigation is neither admission nor an accusation of any wrong doing, it is simply an opportunity for the regulator to understand in more detail how we approach compliance against a small handful of the many supplier licence conditions which are in operation in the market. Any outcomes of this process we therefore intend to use to strengthen for future growth as we look to continue to take the fight of the smaller independent suppliers to the wider market and in particular, the ‘Big 6’.

Ben Jones – CEO, BES Utilities

I am sorry Mr Jones you are completely wrong. Your tactics are diabolical, you have taken over £1000 of my money for a service we had forced upon us and only used for a month. We were conned in to a contract under false pretences. When we asked for a recording of the conversation with the original agent it was an edited version we received. You may think you trade correctly but trust me you operate very close to the line and bend the line to suit yourselves! I would be very happy to meet with you as would many of the people your Company has forced in to contracts by misrepresentation. We will all be making our views on your activities known to Ofgem and the ombudsman and indeed many of us have already! Your Company has already forced many small businesses to close and peoples lives have been ruined. The £1000 we have 'given' to you for a service value of around £50 is extortion! We cannot afford to lose this sort of money, and the stress your Company caused is huge. Once again come out in the open and meet with us and listen to the recordings and see for yourself the misery your activities have caused. The evidence is clear from this forum and others that something is wrong you are in a position to put it right! A start would be to refund the £950 back to me that you have taken.

Hi Pantiques,

I'm sorry you are unhappy and would be happy to investigate any complaint or query you have regarding your BES account. Please send us the details at: forums@besutilities.co.uk and we will get back to you as soon as possible.

Thank you,

BES Utilities - Official Representative

I am sorry BES Utilities - Official Representative, IF you are a legitimate employee then your Company has had over 6 months in which to come clean. You have had numerous correspondence from me and I have spoken to so called Customer Service Managers who have simply said if I go back then they will give me this and that and my money back. Stop hiding and come out in the open and face all the unhappy people who you have ripped off.

I think clearly that most people on here and similar forums to this one has complained to BES directly. I am at a loss as to why the BES representative feels the need to ask people on the forum to email them with their complaint because I am sure that they would have already had their complaint wouldn't they? It is my opinion you may be asking people to email so that you can find out when you get an email to who has been making the posts on here? If you had have dealt with customers enquiries fairly and constructively then I am sure that they would be happy and not had the need to share all their worries and concerns on open forums. My suggestion to Mr Ben Jones is for him to go through all complaints received by BES in the last 12 months and make an informed decision as to whether BES treat people fairly.

So Ben Jones thinks that OFGEM is going to try and help when they see the level at which BES have deliberately ripped off small businesses? I imagine one look at the percentage complaints per customer will not be very favourable. The details of those complaints might well close the company down.

Don’t forget problem number 2 - there are hundreds of people in Lancashire who know about this scam - they’ve worked in the broker call centres cold-calling new businesses repeatedly, they’ve deliberately lied to them on the phone to broker deals (fraud), they’ve fiddled bills and meter reads. The biggest job BES have now is keeping these people quiet, because I doubt they’re going to be pleased when their call-centre and admin jobs are gone. I’m sure there will be at least a handful who either out of honesty or anger will spill the beans on what’s been going on behind the scenes. It’s easy to keep people happy in a boom, not so much when the wheels start coming off, I would have thought this OFGEM investigation marks the turning point and I also would have thought that Ben Jones knows that.

Posted on another forum, but nonetheless;

Well Mr Jones, I have to commend your attitude for optimism, and it is really great you optimistically anticipate that this is an "opportunity to seek guidance on how to improve our processes and in this instance, as every other, we will be looking to Ofgem to help us tweak our processes for the future".

You mention the 'big 6' have outstanding investigations, however these generally relate to Section 12 of the License Conditions, which is essentially using the 'wrong' meter, relatively trivial in comparison to what you stand accused of. In any case the 'big 6' certainly do not have multiple conditions of their License under review to the extent you do. Plus logic dictates as a small company you should be able to managed your processes/company far better than the 'big 6'?

One of the investigation's focuses is on Section 7B. For those who are unaware, this (in short) relates to being honest, transparent and avoid providing misleading or omitting information.

You interestingly claim that "an almost 10 year untarnished record as a supply business". Have you ever Google'd your company's name? Have you seen the enormous amount of very upset and angry people there are who feel your company has in some way been the aggregator of circumstances leading to their business's demise?

What frustrates me more is that you had the audacity to instruct a reputable law firm to issue threatening letters claiming their genuine and honest accounts were "a malicious attempt to start an internet campaign of which [you] deny all veracity". Some of the people that got these letters have been treated for depression and have contemplated suicide since being in receipt of that letter! The letter infers that you had no idea as to why people may be making these claim/posts - and purports those claims to be malicious, false and defamatory.

How you managed to instruct a law firm claiming what you did and guarantee it as truthful and factual; when there literally thousands of posts from hundreds of users over tens of websites giving shocking accounts of your company, is entirely beggars belief and a cause for some grave concern. The balance of probabilities are that you have probably mislead or omitted information to allow a law firm to issue letters of that nature.

Mr Jones, wake up! I am afraid to inform you that your reputation has been tarnished for some years (no matter what you demand removed from the internet, or no matter how many 'gagging orders' people are forced to sign). I think quite frankly if it is found that BES have breached or failed to comply with license conditions, in particular 7B and 14 it is untenable that they can continue to hold a license, or remain suppliers to the energy market. Many others manage to keep to their license conditions, what makes you think Ofgem want to give you "guidance" to the pretty simple task of doing your job properly? Maybe they just don't want companies with your apparent ethics in their industry any more?

On the morning of 9/10/2014 (Thursdays are our busiest days at the NHS clinic) our temporary receptionist has received a phone call by a male identifying himself as D... It was a quick and rushed chat he mentioned electricity and gas and us not having a contract. Whilst attending to the NHS patients and the staff she couldn't pay great attention. But she asked for his number and tried calling back at a less busy time but couldn't get through. During one of these calls BES agent told her we didn't a have current contract with any of the suppliers and that we are using illegal supply. BES sale people are professional liar and their customer service department is just wasting our time and costing our small business huge amount of money. I am planning to join your class action against BES. We have already raised a complain via Ofgem. We cannot afford to lose small amount of money as a NHS practice, and the stress your Company caused is huge.

We have also been Mis sold an agreement with BES based in Blackpool & The Fylde Football ground. These are still a relatively small set up, run, certainly not managed in the most inappropriate manner. These people are rude, arrogant and tell lie upon lie. If l am to give one piece of advice it would be to stay well away from this so called business and it's employees. PLEASE BE WARNED NOT TO GO WITH THIS COMPANY

I purchased a shop on the 26th September and found that I inherited BES as the electricity supplier to the shop, the shop had been empty for a year and there was an outstanding bill of £600+ for a daily charge to the previous person who previously rented the shop despite them telling BES they were no longer trading and the shop was empty.
I phoned BES with the reading that day and told them that I wanted to use another energy supplier to supply the shop, they told me that i would be charged £1.50 per day and a 54p unit charge. Thankfully I have not used one unit so far as the shop remains empty but I have had so many calls from BES requesting my Direct Debit details, they are so aggressive and rude. Scottish Power agreed to take over the supply on the 20th October but I am still being hounded by BES for a bill for a daily charge and if I dont pay it then there will be a further £50 late payment fee! What I cant understand is that they issue monthly bills yet the bill that I have had is only for three weeks from the 26th September to the 15th October, they tell me that they will issue me with a futher bill for the 5 days up to 20th October, why dont they issue me with one bill which is still not quite a month. Because I have read so many bad things about BES I am very wary and dont trust them.

I would advise to write to Ofgem as soon as possible. Ofgem are currently investigating BES. Have a look at the Ofgem website under investigations. I am sure Ofgem would be interested to received your complaint. You could email Neil at forums@besutilities.co.uk who is collating complaints at the moment with a view to taking action against BES. Don't be intimidated because you are not on your own, there are many people going through the same thing including us.

Hello, the email is besclassaction@gmail.com if you'd like us to look at it.

The address Shelly put up is to contact BES directly.

email besclassaction@gmail if you want to submit your complaint to Neil and not forums@... this will go straight to BES. Sorry for the mis print

The email address to Neil isn't the one that I have posted above, sorry that is BES email address. Neils address is posted on the previous page..

If you need to send your complaint to Neil the address is besclassaction@gmail.com. Hopefully he can help if you can't get anywhere with BES.

Hi Ferhat,

Our dedicated online team would like to try and resolve your complaint - Please send the details to forums@besutilities.co.uk and we'll get back to you ASAP.

Thank you,

BES Utilities - Official Representative