Business Energy Supply Billing: Regulation

Gregory Campbell Excerpts

Tuesday 1st July 2025 Westminster Hall

[Sarah Edwards (Tamworth) (Lab)]

I beg to move,

That this House has considered regulatory powers over billing of energy supply to businesses.

It is a pleasure to see you in the Chair, Mr Dowd. My constituent Samantha Panton opened the Roasters café on the high street more than 35 years ago. Recently, she received a demand from E.ON Next for £10,000, payable within seven days, with threats to disconnect her electricity and close her business, putting 10 jobs at risk. That debt arose because E.ON Next confused her day and night meter readings. Although she had agreed to a £500 weekly payment plan, the company abandoned the arrangement and instead chose to pursue the closure of her business.

Upon thorough investigation, including a review of her accounts dating back to 2017, I discovered that E.ON Next actually owed her £4,433. When I raised concerns about its mishandling of the credit notes and breaches of back-billing regulations, my communications were ignored. Without enforcement or penalties, there is little incentive for companies to change their behaviour. That situation highlights a wider problem: energy companies impose excessive charges on small businesses while routinely engaging in questionable practices under minimal regulation. Small businesses have limited resources when suppliers act unfairly.

[Mr Gregory Campbell (East Londonderry) (DUP)]

I congratulate the hon. Member on securing this debate. She is raising what sounds like outrageous treatment of a customer and consumer. Does she agree that the Ofgem report was very clear that suppliers should treat domestic and—particularly in this case—non-domestic customers fairly and give them support? It would appear that, in the instance she is outlining and some others that I have had experience of, they are not doing so.

[Sarah Edwards]

Absolutely. I thank the hon. Member for his intervention, because that is exactly what the report found, yet I will go on to argue that not enough progress has been made to make sure that those business customers are treated fairly.

In response to this issue, I have launched a campaign inviting businesses across the country to share their experiences on my website, aiming to expose these harmful practices. I am confident that straightforward regulatory reforms could reduce energy costs substantially without imposing any cost on the Government. No one likes a bully; I certainly do not, and when I see injustice, I want to fix it. Today, I share not only my constituent’s story, but many others. Colleagues here will have heard similar accounts of energy companies refusing to engage, forcing MPs to intervene or send cases to the ombudsman, often without any resolution.

As a member of the Business and Trade Committee, I have explored this issue through roundtables nationwide. Time and again, we hear that energy costs are the second biggest burden for businesses after staffing, with many driven to bankruptcy by the exploitative practices of energy suppliers. I thank the Committee for supporting today’s debate to shine a light on this problem. This is not just about one café; it is about thousands of businesses that deserve better.

From 2022 to 2024, Ofgem reviewed its non-domestic energy supplier sector. It found that 12% of customers had complained and identified four reform priorities: treat customers fairly; support small businesses; billing on tenancy changes and third-party intermediaries. It updated the supplier licence conditions to enforce fair treatment—but is that working? A freedom of information request shows that only two suppliers have ever been fined for licence breaches; many suppliers do not even report them. In my constituent Sam’s case, E.ON Next breached back-billing rules, but likely never reported it. I ask the Minister when the proposed review of those new licence rules will happen, and whether she can guarantee that it will be rigorous and effective. When will the review of Ofgem itself conclude? There is growing concern that Ofgem is not fit for purpose, acting more like a coach than a regulator. We need an enforcement body with teeth, not one that lets suppliers police themselves.

Returning to Sam’s case, my office referred it to the Energy Ombudsman. We were proved correct; E.ON Next had mishandled her account, and she was awarded £200 in compensation—but really, what does a firm have to do to get a meaningful penalty? Threatening to close a business after making mistakes in meter readings, back billing, failing to issue proper credit notes and threatening legal action are apparently not worth any more than £200.

Compare that with fines for a data breach—up to £17.5 million or 4% of global turnover. That is a real deterrent. Why is it that, when the domestic energy market is regulated far more effectively, a blind eye has been turned to such appalling behaviour in the commercial market? Hon. Members may be interested to know that, until December 2024, the ombudsman could act only for microbusinesses, those with fewer than 10 employees—any bigger, and the business was out of luck. Since December, businesses with up to 50 employees can now be represented; but, again, the fine is only up to £10,000.

I met the Energy Ombudsman to ask how its powers were being used to protect businesses from this wild west of exploitation. Since December, it has dealt with 370 small and medium-sized enterprises in its scope, about half within the terms of reference. Of those cases, most complaints were about suppliers, customer service, billing, sales and back billing. It upheld between 40% and 73% of those complaints.

I have serious concerns, however. The ombudsman has never been out to tender and cannot explain how it decides on the maximum £10,000 fine. It appears to have a lack of resources and expertise to investigate complex commercial contracts effectively. Ofgem expects the ombudsman to do that work, but the extended remit has not come with extended expertise. Instead, the system seems designed for volume and profit, but not for protecting businesses from serious harm.

A Yorkshire packaging manufacturer was scammed by Renewco, which arranged a fraudulent energy deal with Emirati Energy. The business owner paid every invoice on time to his broker, but a year later Pozitive Energy, also known as PE Solutions, demanded tens of thousands in unpaid costs. It turned out that Emirati Energy had signed a fake contract with Pozitive on behalf of the business, pocketing the payments while Pozitive received nothing. Both Pozitive and the manufacturer were victims of fraud.

Who is Pozitive Energy? Its turnover rose by 13% to £1.18 billion in 2024, and its net assets were up nearly 500%. With only 30 employees and £139 million of retained earnings, this is a private company with little transparency. We must therefore assume that it is making around £4.6 million profit per employee. Yet Pozitive went after the small business owner and, despite clear evidence of hundreds of customers billed to one address and mismatched paperwork, it did not investigate until the debts piled up.

When the business owner turned to the Energy Ombudsman, he was told to pay the debt anyway. The ombudsman said it was his problem to chase the fraudster. Why should a small manufacturer pay for Pozitive’s failure to vet its brokers? Ofgem does not regulate third-party intermediaries, instead requiring suppliers such as Pozitive to work only with third-party intermediaries in approved dispute resolution systems, giving customers a route to redress if dissatisfied. Pozitive failed to do that—it failed its licence condition.

That is not an isolated case; the commercial energy market rewards suppliers for ignoring fraud, because it can demand payment from unsuspecting businesses once scams collapse. Meanwhile, the Energy Ombudsman lacks real powers and often fails to protect victims. I have heard multiple stories of these disgraceful tactics destroying livelihoods. One broker firm is tracking more than 1,100 complaints with E.ON Next alone. It is defending 80 of them in court, in what is effectively a group action over dodgy practices on deemed contracts. E.ON sold the debt on when the lawsuits loomed, and 13 cases have already been struck out as unenforceable.

Why is business energy so expensive? When a firm moves into new premises, it is put on a deemed contract until it signs a deal. Legally, those contracts should not carry excessive fees or profits, but in practice suppliers have used them to gouge customers. Some firms were charged £1.60 per kWh during the energy crisis, then locked into multi-year deals with no escape clauses. Even now, some are paying £1 per kWh, when a competitive rate should be around 20p to 25p.

Suppliers know exactly what they are doing. They profit by giving brokers hidden commissions: “You can add 1.5p and keep it, or maybe add 2p and give us back a kickback of 0.25p.” Those kickbacks incentivise brokers to push overpriced deals that hurt customers. One product currently offered by Engie has 5p added to each kWh, which the supplier knows is an incentive for brokers to sell its supply over others. Some brokers only work with two suppliers—hardly a broker business by most people’s definition. Suppliers know; Ofgem knows; but small businesses—left with unaffordable bills, faulty meters and unfair contracts—often do not.

If we want a fair market, we must regulate it properly. That means honest enforcement of billing, fair profiles on deemed meters, transparent broker commissions, and meaningful redress when things go wrong. Until then, small businesses will keep paying the price for a system that is rigged against them.

Suppliers such as npower have taken on small customers and used codes on deemed contract meters to extract higher charges because they knew they could get away with it. They should have chosen not to act for those businesses, but instead they have made huge profits. The Energy Consultants Association estimates that misclassification has generated up to £4.5 billion in excessive, unjustified profits since 2017. Small businesses were locked into unfair contracts from day one, paying inflated rates, with no meaningful correction in sight.

I am calling for urgent reforms to protect businesses and ensure that fairness in energy bills is supported, with stronger regulatory powers for the Energy Ombudsman, including higher fines and a wider remit; outlawing back billing beyond six months for business energy customers and greater protections for small businesses against inaccurate and punitive billing. Energy companies must commit to fair and transparent billing systems. There must be a thorough review of debt collection practices within the sector.

I call for all brokers and third-party intermediaries to be fully regulated, for the adoption of a mandatory code of good practice to raise standards and for all brokers to become members of a dispute resolution mechanism to protect businesses. The Government must empower Ofgem or the Financial Conduct Authority to regulate brokers. That can only be done with regulation—but it must happen fast.

What am I going to do? I do not have those powers, but I have met passionate experts and trade bodies who want change. Together, we will launch a kitemark for responsible brokers, because there are many out there doing good work. It will be fair and transparent. We will publish data on energy rates, so that businesses know what a fair price is when reviewing a contract renewal, and create a directory of brokers who have signed up to a voluntary code of practice, giving power back to businesses.

I welcome the Government’s recent move to lower industrial energy prices for high-usage businesses. However, many smaller businesses—the heart of our communities and high streets—are excluded. Those steps are in the Government’s gift to bring down prices, stop fraud and obscene profits, and protect our small businesses. Added to my asks are simple, cost-free reforms such as capping deemed contract rates to stop bad deals being sold as good ones, and ensuring that SMEs get the correct rates on their market-wide half-hourly meters from day one. This Government must back our businesses and make those reforms now.

Hon. Members will be amused to know that E.ON Next sent me a final bill when I switched office supply. My monthly usage is around £300. The bill it sent me was £18,000—it mixed up the day and night meter readings, and no sense checks were done.

It is time to regulate the sector and to protect and empower businesses, the backbone of our economy. I hope the Minister will have some good news and progress to report on this matter.