Energy Suppliers: Customer Credit

Alan Brown Excerpts

Wednesday 22nd February 2023 Westminster Hall

[Drew Hendry]

The hon. Lady makes a good point. There has been a great deal of debate in the industry about the practice of ringfencing, and whether that should be carried forward. I might touch on that shortly. The fact is that this money is being used in an incorrect way, whether it is propping up a company or aiding a company that needs it to survive, in a way that is not normal in business.

Notwithstanding the good point made by the hon. Lady, it is almost beside the point. The fact is that this money should not be used by companies, without the explicit permission of the people who have that money with them. Do not forget, they are not offering a shareholding to those customers. They are not saying, “Because you have a credit, as other people might have a credit with our company and have bought shares, we will give you back a dividend.” They are not applying any dividend. They are just keeping the money, and it is not their money.

I have some personal experience with OVO because, having started this campaign and looked into what was happening, I studied my own account, and lo and behold, I had a credit sitting on my account that I was not aware of, so I did some digging around. I have a smart meter that was installed and, despite several complaints and even a change of meter, OVO has still not been able to rectify the issue, so I have some sympathy for people who are not getting correct readings and are getting incorrect bills.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

My hon. Friend is making an excellent speech. The absolute crux of this is, as he says, protecting customers’ credit. I have an example of the opposite thing. I went to switch supplier, then I got a bill for £1,000 because I had been inaccurately billed for so long. That could have tied me to that supplier for a long time, because I might not have been able to afford to switch. It shows another failure in the market and failure in the billing process. Does my hon. Friend agree?

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[Alan Brown (Kilmarnock and Loudoun) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Betts. I reassure you that I will not take 20 minutes, which I am sure will please everybody.

I commend my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) for bringing forward this important debate. As he said, the debate is about people’s money and their legitimate access to it. As you alluded to, Mr Betts, it is surprising that we are hearing from the Front-Bench spokespeople at 10 o’clock in the morning in this important debate. Given how many of us have been contacted by constituents who feel that they have been fleeced, and who are worried about turning on their heating and being able to eat, that is surprising. I suppose we can deal only with who is here.

I commend my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey on how he set the tone for the debate. He said he would not list Government failures or attack the Government, and that he wanted to work with the Minister. That is commendable. I am not sure that I will be able to avoid criticising the Government, but we will come to that later. As my hon. Friend said, this debate is about people’s money; it is about people’s credit and what the companies do with it. I will turn to some of the examples he gave, particularly those in which people are in credit—effectively, companies owe them money—who should be secure, yet they are so frightened that they do not turn on their heating because they hear about the cost of living crisis. That struck me.

I pay tribute to the Wise Group, which works with vulnerable people. I was at an event last night, and heard an example of somebody the organisation engaged with. This individual was on a prepayment meter. They were so concerned about the cost of energy that they were scrimping on what they were eating so that they could put a £700 credit balance on their meter. They wanted to build up some form of insurance, as they saw it, by building up a £700 credit on their prepayment meter—a massive up-front payment. I cannot understand why that individual was not contacted by the energy company and asked why they had put so much money on their meter and whether everything was okay. It took engagement from the Wise Group to resolve the issue.

[Drew Hendry]

My hon. Friend’s point about fear is something that I perhaps did not cover enough in my remarks. The issue is not only that people fear not having enough to pay a bill. It has been in common parlance that we should be worried about energy costs, and people are really worrying. There is also the fear that, when people are struggling to get by—I do not know how many people in this room this will resonate with—and a bill comes in, they sometimes do not want to look at it or acknowledge that it is there; they put it away. People might panic about their bills without realising that they actually have money. My hon. Friend’s point about people’s fear is central to the fact that people should be getting their money back.

[Alan Brown]

I absolutely agree. That fear and the stress that comes with it were observed by the Wise Group in its report. Some 66% of people the group engaged with believe that their mental health has suffered because of the fear and concerns they have about dealing with the cost of energy. That has further detrimental impacts on individuals, but also consequential effects for the NHS and society.

In his fine contribution, my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey mentioned the struggle to get proper information about the companies’ credit balances and how that is not transparent. Why is that? Back in 2018, Ofgem estimated that companies would hold surplus credit balances of somewhere between £600 million and £1.4 billion. How can the regulator itself look into the matter and not get an accurate figure? It beggars belief. We are now nearly five years down the line, and we still have no idea how much money these companies are holding. It is outrageous. I call on Ofgem to fully get a grip of this matter.

As my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey said, there should be transparent reporting, because we need a clear understanding of what these companies are holding. Had we had that understanding previously, we would not have had so many retail companies going bust because they did not have sufficient money and capital. Just reporting customers’ credit balances would give an indication of that, as well. It is concerning to hear about these companies’ performances, particularly OVO. I also pay credit to Mrs Raw for allowing that example to be given. Imagine a customer who is £1,000 in credit being asked to increase their direct debits.

[Drew Hendry]

I just want to underline the point that it is £1,796—nearly £2,000. That is nearly a year’s worth of bills. It is an absolute scandal.

[Alan Brown]

I thank my hon. Friend for clarifying that. It brings me to the two points: first, the credit balances; and secondly, the direct debits being increased. As The Times reported in December 2022, there is a real fear that companies were basically gaming the system by massively increasing the direct debits. I know this from anecdotal evidence from constituents, and I have tried to raise this with Ministers. I was afraid that when companies saw the Government energy support coming down the line, they were increasing direct debits and putting people on higher tariffs, because that would give them a bigger subsidy back from the Government. I really hope that the Government will look at that. It is commendable to give energy support to each household, but we need to ensure that householders, taxpayers and bill payers get 100% of the benefit of that, instead of companies gaming the system. That is another aspect to consider.

I commend my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey for doing the work up front, and speaking with individual companies to try to get details about individual policies. It is certainly concerning that ScottishPower has said, “Yes, we’ll adjust the direct debit, but in doing so we are actually still keeping that credit balance,” which is the company keeping money for itself. I disagree slightly on Centrica and E.ON, because it is commendable, at least, that they want a system that ringfences and protects customers’ credit balances, although that should be the bare minimum. Why should customer credit not be protected? That should not even be up for debate. Some companies do automatic returns at year end, such as EDF, which is probably an acceptable way to work.

Returning to the key issue, this is the basic principle: credit is customers’ money that they have paid in advance to the energy company. It is logical that their money should be protected, and that they should be able to access it if needed. However, we also have to acknowledge that a system that allows customers to build up credit does allow smoother, equal payments over the calendar year, equalising payments over summer and winter. There are benefits in such a system: it allows steady, monthly payments, so that people can understand what they are paying and—in theory, if the smart meter and billing system work properly, which is unfortunately not always the case—will not get sudden increases in bills landing on their doorstep, causing further concern. We have to admit that allowing customers to build up credit is also to the customer’s advantage, because it smooths out their payments. We should not lose sight of that.

To be fair, if every single customer decided to access their credit at the end of the summer, the system would not work properly either. If customers withdraw all that credit, and then build up debit in the winter, companies will need to capitalise more, which means borrowing more, which means actual bills will go up. There needs to be some sort of balance overall, whereby we ensure customer balances are protected and accessed, otherwise bills will unfortunately end up going up in the long run anyway.

[Drew Hendry]

I am grateful to my hon. Friend for giving way again. I am taking advantage of the time that we have, Mr Betts—I apologise for the number of interventions, but this is an important point to clarify. The point he makes about having a fair mechanism in place to ensure that people are not being treated punitively over their credit balance is important. I hope the Minister will look at that to ensure that people are protected.

[Alan Brown]

I fully agree with my hon. Friend, and it will be good to hear the ministerial response. I said that I did not think I would be able to get through my speech without criticising the Government, so here it comes: companies using customer credit as working cash flow is what caused the market failure. That market failure was on the Government’s watch, and Ofgem was asleep at the wheel. Since the retail energy market has failed, we still have an inadequate response on how the Government and Ofgem will deal with this. It is outrageous that these companies went bust having used customers’ credit and then walked away, but then there is the double whammy of all the other bill payers paying the next company to restore the customers’ credit. We are paying twice, with other bill payers footing the bill.

I am also a member of the Business, Energy and Industrial Strategy Committee. Initially, we had a one-off hearing when companies started to go bust. The then Secretary of State and now former Chancellor, the right hon. Member for Spelthorne (Kwasi Kwarteng), appeared in front of the Committee. His attitude was that, “Companies come, companies go. It is a free market; that is what happens. We know that some companies tend to go bust when it is time to pay their renewables obligations.” That laissez-faire attitude that the free market knows best is just ridiculous, and it shows that he was unsuited to be the Chancellor. It is funny how he did not like how the free market operated when he saw the effects of his policies. That meant he was putting his hands up and saying, “It is okay. We don’t mind companies going bust, owing customers money or owing money for renewables obligations”. The renewables obligation is supposed to fund energy-efficiency upgrades, help us towards net zero and help lower people’s bills. It was a dereliction of duty, and what he said in front of the Committee genuinely shocked me.

It was crystal clear at that time that companies must have sufficient capital and a robust assessment must be in place for any new entrants to the market. There needs to be an ongoing assessment, especially as we have seen the cost of buying energy increase, and Ofgem needs to clearly and periodically check that companies still have access to enough capital. I am trying to be balanced, though. There is another benefit to companies having some customer credit on the books, and that helps in the advanced purchase or hedging of energy—for looking ahead—which smooths out risk. Again, as long as companies are not overly reliant on customer credit balances and there is a robust system in place that assesses how much customer credit is being used for that hedging and that look-ahead, that is okay but, again, this is unfortunately another failure of Government. When Bulb, the seventh biggest energy company, went bust, it was too big to go through the normal process of another company picking it up, so it was the first company to begin the supplier of last resort administration process. The Government did not allow them to hedge ahead, costing taxpayers up to £1 billion more. Companies must be able to operate and hedge ahead, but that comes back to having the right capital in place.

It is unfortunate that Ofgem has flip-flopped on customer credit and how to deal with this since 2018. Of course, in that period from 2018 to 2022 30 companies went bust, while Ofgem was still dithering and wondering what to do. It is time that Ofgem came up with a solution. I commend my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey for what he has proposed. As he says, this is customers’ money. I refer the Minister to the Business, Energy and Industrial Strategy Committee report published in July 2022 called “Energy pricing and the future of the energy market”. Key recommendations 117 and 118 address customer credit, particularly 118, which is about Ofgem coming up with a system that manages these complexities and reporting back to the Committee and Government to agree a way forward. I will be interested to hear the Minister’s response because there has not been a suitable Government response to the report as yet—I look forward to hearing more. The point is that customers’ money should be protected. To throw in one last request, it is high time we got a social tariff to protect those that need it most and a much fairer system of paying for our energy.

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[Amanda Solloway]

I noticed that point in the hon. Gentleman’s speech. Maybe we should look at whether there could be some automatic repayment. I believe that that has been looked into before, but I am certainly prepared to do so and to give an assurance on that.

[Alan Brown]

Everybody here welcomes what the Minister says about looking at automatic refunds. As my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) said, Ofgem does not currently require refund requests to be processed within a specific time. It is only if a customer closes their account to switch that there are stipulations on the time period in which their credit must be returned. The issue in the short term is that the companies are not obliged to keep to a timescale to return the credit, so I welcome the Minister’s comments about automatic refunds.

[Amanda Solloway]

I thank the hon. Member. This is an important debate, not only because it is on an important topic, but because it is important for me to listen and understand the issues.

Ofgem recently provided a progress update. It has opened formal compliance engagement with 12 suppliers and has required them to submit remedial action plans to address its concerns. To date, Ofgem has satisfactorily resolved 95% of the concerns and has secured several supplier improvements in relation to policies, processes and controls, credit balance arrangements and staff training.

Ofgem has proposed further measures to protect consumer credit balances. The reforms would require suppliers to have enough working capital to run without needing to rely on customer credit balances, about which concern has been illustrated today. The reforms should further ensure that suppliers do not gain a financial advantage from holding credit balances. Ofgem’s reforms will mean that when an energy supplier fails and Ofgem’s safety net quickly moves the customers to a new energy supplier, the customer credit balances with the failed supplier are limited in size and can, where necessary, be ringfenced.

I was unaware of the problem with smart meters, which I will certainly look into. I mentioned the app problem; I was unaware that there was an inconsistency between the reports from the app and from the website, but I am happy to look into that.

Once again, I thank the hon. Member for Inverness, Nairn, Badenoch and Strathspey for securing the debate and for his campaign to encourage customers to take more control over their energy account balances. I also thank him for noting that we must ensure that we are as helpful as possible. Customers must be at the heart of this, because it is the consumer who is affected.

The Government and Ofgem are taking clear and firm action to ensure that customers are treated fairly, are protected and receive good service. The Energy Security Secretary has written to energy suppliers about the importance of setting direct debit payments more accurately. He has also made it clear that protecting consumers is a top priority for this Government. Finally, one of the early meetings that I will have in my new role will be with the Ofgem CEO. I shall press him on what can be done to ensure that customers get their money back swiftly and easily, and to prevent suppliers from building up consumer credit balances.