How to respond to a utility provider's defence: Consumer Response

So, you’ve submitted your complaint to UtilitiesADR, the utility provider has challenged it, and now you’re on Step 4 of our Complaints Process: the Consumer Response…

At this point in our ADR process, you get 1 opportunity to comment on the utility provider’s defence.

It’s a crucial step, as it’s the final comment that you, the consumer, get to make on your case before everything gets put into a Complete Complaint File, and reviewed by our specialist team of Adjudicators – who will then issue a Determination within 60 days.

But… how exactly should you respond to the utility provider’s defence? What should you include in your comment?

Here’s what you need to know.

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What is a utility provider’s defence?

In terms of UtilitiesADR, a utility provider’s defence is their written response to the complaint you lodged with us regarding them.

Instead of choosing to settle the complaint with you in Step 3 of our Complaints Process, the utility provider will have chosen to defend their position with this response.

A utility provider’s defence may include:

Why the utility provider believes they are not responsible
Why the utility provider disagrees with your proposed resolution
Disagreements over information/evidence you have provided
Additional information & evidence

So, you’ve received a utility provider’s defence, and now you’re on Step 4 of our Complaints Process. What now?

How to respond to a utility provider’s defence: the Consumer Response

First of all, no matter what you’re planning to say, the most important thing you can do to strengthen your case is to actually make sure you do use your single opportunity to respond to the utility provider before the set deadline:

You get a 14-day window to do this!

You cannot submit your Consumer Response beyond this time-frame.

If you’re using our online portal for your complaint, we send regular updates to your inbox whenever there is a change to your case status: such as receiving the utility provider’s defence, which is when the clock starts ticking for you to submit your Consumer Response…

So don’t forget to regularly check your inbox!

1. Read the utility provider’s defence carefully before responding

Your first reaction to the utility provider’s defence might be frustration, particularly if they’ve presented events differently from how you remember them.

But before responding, take a step back and read their defence carefully.

Ask yourself:

What facts do we both agree on?
Which facts does the utility provider dispute?
What evidence has the utility provider provided?
Are there any statements that are factually incorrect?
Has the utility provider misunderstood or overlooked something in my original complaint?
Has the utility provider raised a new argument that I need to address?
Have they offered any resolution?

Then, make a short list of the key points that you need to address, and organise them into 3 categories:

Key points of disagreement
Factual inaccuracies
New evidence

This will help your Consumer Response be concise, clear, focused, and give you a natural structure when drafting it.

2. The key points of disagreement

Remember: the point of the Consumer Response is to respond to what the utility provider is arguing, rather than to rewrite your entire original complaint.

Focus on the issues that might affect the final decision.

For example:

Your complaint was that your boiler was left damaged from a boiler servicing
The utility provider is saying the damage was from your own misuse

Read the utility provider’s response: how do they back up their claim? Why do they believe you were at fault for the damage?

Now: look back through your own evidence and account of events. What supports your position?

For example, if you have a photo of the boiler from the days before its servicing, you could attach that in your Consumer Response and state:

The utility provider is claiming that I was responsible for the damage due to misuse of the boiler. However, this image (dated [x/y/z]) shows that the boiler was fine the day before the boiler servicing.

Apply this formula to each counter-point the utility provider has raised against your complaint! Your responses don’t need to be long, complex, or use legal jargon.

Simple statements like the examples above make it clear to follow your account of events.

3. Factual inaccuracies

If you believe something the utility provider has claimed to be factually incorrect, explain what’s wrong and, where possible, provide evidence to back up your account of events.

For example:

The utility provider says I first contacted them on the 12th March, however this is incorrect. I first contacted them on the 2nd March, as shown in the attached email.

Although it may understandably cause frustration when you and the utility provider disagree on the series of events, it’s important to keep your statements factual, clear, and neutral wherever possible.

4. New evidence

In a utility provider’s defence, they may raise new evidence you haven’t previously seen.

For example, the utility provider may provide:

Photographs
Inspection reports
Delivery records
Screenshots of correspondence with you
Terms & conditions

If this is the case, take some time to look through what they’ve provided: does it actually change anything, in your view?

If it doesn’t: explain why you think the evidence supports your complaint.

If it does: don’t just ignore it.

For example, you could explain why you believe that particular evidence should be given less weight than other bits of evidence, as it only pertains to a small part of the bigger problem.

You don’t have to be a legal expert

If you do happen to know your consumer rights laws inside-out, that’s great, and there’s nothing stopping you from quoting laws you believe apply to your case within your Consumer Response.

But, if you don’t, that’s fine too! We don’t expect a legal essay from consumers, and you don’t have to quote any legislation. Our own Adjudication team here at UtilitiesADR are the ones who bring the necessary legal expertise for your case!

However, if you are curious to learn about your consumer rights, we can give you a starting point, as we publish weekly articles on consumer rights topics:

> Can you complain about a comparison website?

> Regulated VS Non-Regulated Utility Complaints: What’s the Difference?

> What to do if a utility provider ignores your complaint

> How to give yourself the best chance of a successful UtilitiesADR claim

Prefer videos? Follow our socials for weekly consumer rights tips & tricks!

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> Instagram

Final checklist before you submit your Consumer Response

Before sending your Consumer Response, check:

Have I addressed the provider’s main arguments?
Have I referred to the evidence supporting my position?
Have I addressed any new evidence provided by the provider?
Have I explained why the remedy I’m seeking is appropriate?
Have I avoided unnecessary repetition?
Have I made sure any attachments are clearly identified?

Here’s the key: Say what matters, support it with evidence, and explain clearly why the provider’s defence doesn’t resolve your complaint.

What happens after I submit my Consumer Response to UtilitiesADR?

If you take a look at our Complaints Process page you’ll see that, in the next step (Step 5), we declare the Complete Complaint File – a comprehensive document that contains all the information and evidence provided by both you and the utility provider throughout the entire UtilitiesADR Complaints Process.

After you’ve submitted your Consumer Response, you don’t need to do anything else but wait for our team of Adjudicators to review everything, and issue a Determination on your case.

This will happen within 60 days of us having declared the Complete Complaint File – though, if your case is of exceptional complexity, we reserve the right to extend this & will inform both parties of the additional time required.