Complaints

Complaints Handling

Procedure

Fourthcourt Ltd T/A Energy4 has been operating for many years, placing the business customer first.

Fourthcourt Ltd T/A Energy4 commitment to helping UK SMEs save money on their business utilities has been Energy4 goal since 2013.

We have been successful with our commitment backed by our ‘Excellent’ rating high on online review companies.

Fourthcourt Ltd T/A Energy4 strives to provide Business customers with first-class service.

Fourthcourt Ltd T/A Energy4 holds a high standard,  and is committed to keeping our business standards acceptable.

Fourthcourt Ltd T/A Energy4 have outlined practices below:

1. Confidentiality

Fourthcourt Ltd T/A Energy4 respects business privacy. Wherever Fourthcourt Ltd T/A Energy4 compares business utility prices,
business customers can be assured that Fourthcourt Ltd T/A Energy4 only requests information via a letter of authority that the business customer signs to provide you with this service. Energy4 will ask for technical information from Business customers, to allow Energy4 to provide accurate comparisons.

Fourthcourt Ltd T/A Energy4 will never sell, trade, export, or pass on Business information on to any third parties.

Fourthcourt Ltd T/A Energy4 will only use Business information of the Business owner to obtain products and services they require.

2. Upholding Industry Standards

Fourthcourt Ltd T/A Energy4 are committed to leading the way when it comes to regulation in our markets. Whilst there is different official government regulation, Fourthcourt Ltd T/A Energy4 ensure honesty, openness and transparency.

Fourthcourt Ltd T/A Energy4 is self-regulated, follows Third Party Intermediate(TPI) Code of Practice, and provide unbiased transparent comparison prices from multiple suppliers.

Please note that many who do claim to follow TPI Code of Practice, are not transparent, and are claiming to operate comparison services when clearly only working for one supplier.

3. No Junk From Us

Fourthcourt Ltd T/A Energy4 understands the frustration with junk mail. Any emails we send business customers will always contain genuinely useful information about your business utilities.

Business owners will only receive emails from Fourthcourt Ltd T/A Energy4 and we will never allow third parties to contact you.

Contact Fourthcourt Ltd T/A Energy4 to cancel and unsubscribe emails at any time. Your details will be recorded as removed
following ICO requirements.

4. We Help Customers

Fourthcourt Ltd T/A Energy4 identifies that customers want hassle-free, and honest service for business utilities.

Fourthcourt Ltd T/A Energy4 requires letters of authority to acquire prices. This letter of authority authenticates the business owner, site address, credit limit, usage, contract end date, etc.,

Fourthcourt Ltd T/A Energy4 with the correct information can then acquire prices.

Business owners should be vigilant of any service offered by any utility provider or TPI elsewhere where prices are offered without,  authentication of the business owner, site address, credit limit, usage, contract end date, etc.,

Fourthcourt Ltd T/A Energy4 operates via email and telephone services.

Fourthcourt Ltd T/A Energy4 identifies that many suppliers may not be trusted, and it is up to the business owner to check their chosen supplier before signing a contract. Many business customers currently select utility providers based on online reviews, and not the best price available, other business customers choose best prices, and do not trust online reviews.

Fourthcourt
Ltd T/A Energy4 never pressures any business customer to renew with their
present supplier or switch to another supplier.  Business owners should be
wary of services offered by other parties who only offer switching, and
not the option to renew with their present supplier.

5. Commission Charges and/or Invoice for
Services Performed

The
provision of commission charges to business clients at present is only
covered with the FCA for Mortgages and/or Mortgage agreements.

Fourthcourt
Ltd T/A Energy4 does not provide Mortgages or Mortgage agreements,
therefore does to have to comply to the FCA.

Fourthcourt
Ltd T/A Energy4 is not a financial broker, therefore not covered by FCA.

Fourthcourt
Ltd T/A Energy4 complies with United Kingdom law.

Business
customers must be aware that TPIs do place charges onto utility contracts,
and/or Invoice clients for services performed. Commission Charges and/or
Invoice for Services Performed pay for the TPIs to operate.

Business
customers should be concerned of any TPI or any utility business who identifies
they DO NOT charge anything for providing contracts and/or services.

Commission
Charges and/or Invoice for Services Performed pay for the TPIs to operate.

Fourthcourt
Ltd T/A Energy4 charges a business customer commission that is included
into the utility price or Invoiced Services
Performed.

New business customer who only
wants a quote, and do not want to sign a letter of authority should pay Invoice for Services Performed prior to
being given prices.

Present business customer in contract
with a utility supplier arranged by Fourthcourt Ltd T/A Energy4 are
provided new quotes where commission will be explained.

Returning
customer who have gone elsewhere, signed a contract with another broker or
supplier will be classified as a new
business customer.

Payments
to TPIs when Commission is added are based on actual utility usage and
payment of invoices to suppliers.

If
business customers do not pay their bills, Fourthcourt Ltd T/A Energy4
receives nothing.

If
business customer moves premises, Fourthcourt Ltd T/A Energy4 receives
nothing.

If
business customer consumes less energy, Fourthcourt Ltd T/A Energy4
receive variable amount of commission.

If
contracts do not go live, Fourthcourt Ltd T/A Energy4 receives no payment.

If
business customer commits fraud and/or misrepresentation to acquire a
utility contract, committing an illegal act, Fourthcourt Ltd T/A Energy4
receives nothing.

6. Efficient, Fast and Reliable

We
have made our utility comparison engines as quick and easy to use as
possible. We only ask for the minimum information needed for a comparison
to help speed up the process. Our experts are all given extensive training
to efficiently guide the process of switching your services.

You
don’t have to just take our word for it! We are extremely proud to boast a
5-star rating on Trustpilot based on over 16,000
reviews.

7. We do not provide services to the
Public

Fourthcourt
Ltd T/A Energy4 only provides services to business, charities, and
government agencies. Companies must be registered with OfGem if they are
to supply any advice to domestic customers and domestic properties.

Fourthcourt
Ltd T/A Energy4 will not accept malicious, abusive or threatening calls
from the public who think Fourthcourt Ltd T/A
Energy4 is their utility provider.

Malicious,
abusive or threatening calls are a criminal offence, and will be reported
to the Police

8. Complaints procedure for present
customers ONLY

The
following Fourthcourt Ltd T/A Energy4 has a complaints procedure for
Business customers who have signed current contracts with
utility companies, via Fourthcourt Ltd T/A Energy4.

Business
customers however do NOT have
grounds to use the complaints procedure if;

–         They fail to
provide evidence they are a current business customer

–         They provide
false information on their business details, business credit, business
address, present consumption, present
contract end date, falsify signatures, falsify bank details, do not
mention Crown Court Judgements, and falsify contracts and documents

–         They never agreed
a contract using Fourthcourt Ltd T/A Energy4

–         They have agreed
a contract with another company, then make a complaint it was Fourthcourt
Ltd T/A Energy4.

–         They have made a
contract agreement with a utility company before contacting Fourthcourt
Ltd T/A Energy4, the contract is
then rejected by the utility supplier.

–         The contract
produced with Fourthcourt Ltd T/A Energy4 for the Business owner for the
Business owners chosen utility supplier
is cancelled by the utility supplier

–        The contract
produced with Fourthcourt Ltd T/A Energy4 for the Business owner for the
Business owners chosen utility supplie is
cancelled by OfGem

–        The business
owner shuts down business that is in contract

–         If business
customers do not pay their bills

–     If
business customer moves premises

–         If business
customer consumes less utilities

      If
business customer commits fraud and/or misrepresentation to acquire a utility contract,
committing an illegal act, etc.,

9. Abusive and threatening calls

Malicious,
abusive or threatening calls, whether from present Customers, new
Customers, old customer, or strangers is a criminal
offence.

If
Fourthcourt Ltd T/A Energy4 receives such a call we will immediately call
our telephone company and ask for their nuisance or malicious calls team.

Fourthcourt
Ltd T/A Energy4 will report all Malicious, abusive or threatening calls

– It
doesn’t matter whether we know the caller’s identity or not.

–
Record down what is said

–
Repeat this to our telephone company

–
Repeat this to the Police.

10. Complaint
Handling Procedure

This
is visible on the website, and accessible.

This
is available by email or post for free on request, if a present business
customer.

Email: contact@energy4.co.uk

Telephone Number: 01256 643634
& 01642 888814

This information as part of the Complaint
Handling Procedure (CHP)
covers the requirements to provide email, phone, address pertaining to Fourthcourt
Ltd T/A Energy4

Contact Fourthcourt Ltd T/A Energy4 via
the website, and/or telephone number on website to make a complaint.

Steps
to handle complaint are mentioned above, including the handling process.

Present
business client’s complaint will be treated with courtesy and respect.

Timescale
will depend on the complaint. From receipt 15 working days is the normal
response time.

Records
of the complaint, including relevant details such as dates a complaint was
received should be kept.

Present
business client’s complaint can be escalated to the Ombudsman Service. If
the complaint cannot be resolved directly, or unresolved for more than 8
weeks.

Please
note Present business clients must identify themselves early and not
breach there requirements as per Section
8.

The
following services are impartial and free for present business clients to
use.

Fourthcourt
Ltd T/A Energy4 is constantly learning from failures OfGem has identified
in relation to TPIs, and Utility companies who have failed.

If
apology is required, a goodwill gesture of an apology will be made.

Complaint
can be made, and progressed through each stage of the process by email, or
writing.

Email: contact@energy4.co.uk

Telephone Number: 01256 643634
& 01642 888814

11. Deadlock
Letter

Before you can submit a complaint to
the Ombudsman Services, business owners should follow the dead-lock process
with their supplier first.

You must as a business owner;

•           Logged
a formal complaint with your provider.

•           Worked
with your provider to resolve the complaint.

•           Received
a deadlock letter or not received a satisfactory resolution after 8 weeks (6
weeks for energy complaints about SSE).

•           Gathered any evidence you have.

Ombudsman Service
Link For Further Information

Ombudsman Services: Here to Help You
Resolve Your Complaint | Ombudsman Services (ombudsman-services.org)

12. Ombudsman
Service

Ombudsman Service is impartial, the service is free for consumers.

Please click on the following link for further:

Our
Process | Ombudsman Services (ombudsman-services.org)

Post: Ombudsman Services: Energy, P.O.
Box 966, Warrington, WA4 9DF

Phone: 0330 440 1624

Email: enquiry@ombudsman-services.org

AGREEMENT FOR THE SHARING OF PERSONAL DATA 

Between

THE OMBUDSMAN SERVICE LIMITED, (registered in England and Wales No. 04351294) whose 

registered office is at 3300 Daresbury Park, Daresbury, Warrington, WA4 4HS. (Ombudsman 

Services) 

And Fourthcourt Ltd T/A Energy4,  Registered with the Information commissioner’s office (ICO) (ZA019665),

Background

(a) The following agreement between Ombudsman Services and the Customer reflects the 

arrangements that they have agreed to put in place, to facilitate the sharing of Personal Data, for the 

investigation into a complaint brought by Consumers of the Customer and explains the purposes for 

which that Personal Data may be used.

(b) As such, the Parties agree to share the Personal Data on the terms set out in this Agreement 

and use the Personal Data on the terms set out in this Agreement.

1. INTERPRETATION

The following definitions and rule of interpretation apply in this agreement.

1.1 DEFINITIONS

Agreement: this Agreement, which is a free-standing document that does not incorporate commercial 

business terms established by the parties under separate commercial arrangements.

ADR; means Alternative Dispute Resolution, consumers who are in dispute with the Customer are 

entitled to pass their complaint to Ombudsman Services and to make use of its services in order to 

seek to resolve it.

Applicable Data Protection Laws; means: all applicable data protection and privacy legislation in 

force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); 

the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as 

updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 

2003 (SI 2003 No. 2426) as amended; any other European Union legislation relating to personal data 

and all other legislation and regulatory requirements in force from time to time which apply to a 

party relating to the use of Personal Data (including, without limitation, the privacy of electronic 

communications);

Confidential Information; means all information which is disclosed by one party to the other 

however conveyed whether before or after the date of this Agreement and would appear to a 

reasonable person to be confidential and which relates to the business affairs of the party disclosing 

it (or other companies within that party’s Group) including products, operations, processes, plans or 

intentions, developments, trade secrets, know-how, design rights, market opportunities, personnel, 

customers and suppliers of the party disclosing it and all information derived from the above;

Consumer; means an individual acting as a domestic customer, or small business customer, who has 

bought, or sought to buy, goods or services from a company who is a member of the Ombudsman 

Services scheme for Alternative Dispute Resolution services provided by Ombudsman Services;

e data protection and privacy legislation in force from time 

to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations 

made thereunder); and the Privacy and Electronic Communications Regulations 2003 (SI 2003 No. 

2426) as amended; [and all other legislation and regulatory requirements in force from time to time 

which apply to a party relating to the use of Personal Data (including, without limitation, the privacy 

of electronic communications)]; and the guidance and codes of practice issued by the Information 

Commissioner or other relevant data protection or supervisory authority and applicable to a party.

UK GDPR; has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the 

Data Protection Act 2018.

Party; means the Customer and/or Ombudsman Services and Parties shall be construed accordingly;

Personal Data; means any personal data (as defined in the Data Protection Legislation) Processed by 

the Parties or any Sub-processor pursuant to or in connection with the Agreement;

Shared Personal Data; means any personal data (as defined in the Data Protection Legislation) 

shared by the Parties or any Sub-processor pursuant to or in connection with the Agreement;

Special Categories of Personal Data: the categories of Personal Data set out in the Data Protection 

Legislation.

Subject Rights Request: the exercise by a data subject of their rights under the Data Protection 

Legislation.

Sub-processor; means any Data Processor (including any third party and Supplier affiliate) appointed 

by the Parties to Process Personal Data on behalf of the Parties in connection with this Agreement;

Term; means the duration of any contract entered into by the Parties remains in effect;

“Data Controller”, “Data Processor”, “Data Subject”, and “Processing” shall have the same 

meanings as in the Data Protection Legislation and “Processed” and “Process” shall be construed in 

accordance with the definition of “Processing”;

1.2 Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement.

1.3 Unless the context otherwise, requires, words in the singular shall include the plural and in the 

plural shall include the singular.

1.4 A reference to a company shall include any company, corporation or other body corporate, 

wherever and however incorporated or established.

1.5 A reference to a statute or statutory provision shall include all subordinate legislation made from 

time to time under that statute or statutory provision.

1.6 Unless the context otherwise requires, any reference to European Union law that is directly 

applicable or directly effective in the UK at any time is a reference to it as it applies [in England 

and Wales from time to time including as retained, amended, extended, or re-enacted or 

otherwise given effect on or after 11pm on 31 January 2020 OR in EU member states [from time 

to time OR at the date of this agreement]].

2. PURPOSE

2.1 This Agreement sets out the framework for the sharing of Personal Data between the Parties 

as Data Controllers and defines the principles and procedures that the Parties shall adhere to and 

the responsibilities the Parties owe to each other.

3. CONFIDENTIALITY AND DATA PROTECTION

3.1 Each party shall keep in strict confidence all Confidential Information and neither party shall 

use the Confidential Information (or any part of it) for any purpose other than to perform its’ 

obligations under this agreement.

3.2 For the purposes of clause 3.1, above, information of a confidential nature is constructed to 

mean all confidential information relating to the business practices of Ombudsman Services which 

the disclosing party or its representative directly or indirectly discloses to the recipient party or its 

representative, before, on or after the date of this agreement. This includes:

(a) the terms of this agreement;

(b) all confidential or proprietary information relating to:

(i) the business, affairs, customers, clients, suppliers or plans, intentions, or market 

opportunities of the disclosing party; and

(ii) the operations, processes, product information, know-how, technical information, designs, 

trade secrets or software of the disclosing party;

(c) any information, findings, data or analysis derived from Confidential Information; and

(d) any other information that is identified as being of a confidential or proprietary nature.

3.3 Information is not Confidential Information if:

(a) it is, or becomes, generally available to the public other than as a direct or indirect result of 

the information being disclosed by the receiving party or its representatives in breach of this 

agreement;

(b) it was available to the receiving party on a non-confidential basis prior to disclosure by the 

disclosing party;

(c) it was, is, or becomes available to the receiving party on a non-confidential basis from a 

person who, to the receiving party’s knowledge, is not under any confidentiality obligation in respect 

of that information;

(d) it was lawfully in the possession of the receiving party before the information was disclosed 

by the disclosing party; or

(e) the Parties agree in writing that the information is not confidential.

3.4 Each Party may disclose Confidential Information:

(a) to its employees, officers, representatives, advisers, agents or subcontractors who need to 

know such information for the purposes of carrying out its obligations under this agreement; and

(b) as may be required by law, court order or any governmental or regulatory authority.

3.5 Each Party shall ensure that its employees, officers, representatives, advisers, agents or 

subcontractors to whom it discloses Confidential Information to comply with this clause 3.

3.6 The Parties shall comply with Applicable Data Protection Laws and their respective 

obligations. Each Party acknowledges that one Party (the data discloser) will regularly disclose to the 

other Party (the Data recipient) personal data for an agreed Purpose.

3.7 The Parties consider that data sharing is necessary under this agreement. The aim of the 

Parties data sharing is to facilitate the provision of ADR, and for the Ombudsman Services to make 

decisions within the ADR process, including the eligibility of the Consumer to use the services, to 

make any further decisions as to case management and to manage financial contributions made by 

the Customer.

3.8 The Customer, in its capacity as a Data Controller, hereby transfers to the Ombudsman 

Services Personal Data for the Ombudsman Services to Process as Data Controller for the purposes 

as set out at 3.7. 

3.9 Each Party shall ensure that it processes all Personal Data fairly and lawfully during the term 

of the Agreement on the basis of one or more legitimising conditions clearly documented. 

3.10 The Parties shall confirm to the other that they have a valid registration, if required by Data 

Protection Legislation, with its national Data Protection Authority which covers the intended data 

sharing pursuant to this Agreement.

3.11 If the Parties are no longer able to Process Personal Data in a manner that is consistent with 

this agreement, it shall immediately inform the other and advise of any steps it proposes to take to 

remediate any such inconsistency. If requested by the other, the Party shall immediately suspend 

any inconsistent Processing.

3.12 If required to do so by a Supervisory Authority, the Parties acknowledge and agrees that the 

other may disclose this agreement to such Supervisory Authority and that such disclosure will not 

constitute a breach of confidence.

3.13 The Parties shall implement appropriate technical and organisational measures in 

accordance with Article 32 of the UK GDPR and Data Protection Legislation and the Security 

Requirements to ensure the security of the Personal Data and protect it against any unauthorised 

and unlawful Processing, and against a Data Protection Breach.

3.14 The Parties shall ensure that the data shared is accurate and that appropriate internal 

procedures are in place for the transfer of the data. The Parties shall immediately inform the other 

if, in its opinion, performance of the Services or compliance with any instruction received infringes, 

or might reasonably be considered to infringe, the Data Protection Legislation.

3.15 The Parties agree to provide reasonable assistance as is necessary to each other to enable 

them to comply with or respond to requests for the right to be forgotten, rectification, and object 

and further to comply with the relevant request within the Data Protection Legislation statutory 

timescales. 

3.16 The Parties shall provide reasonable assistance to the other Party with any data protection 

impact assessments which are required under Article 35 UK GDPR and with any prior consultations 

to any Supervisory Authority which are required under Article 36 UK GDPR, in each case solely in 

relation to Processing of Personal Data by the Parties and taking into account the nature of the 

Processing and information available to the Parties.

3.17 The Parties shall carry out adequate due diligence on each Sub-processor to ensure that it is 

capable of providing the level of protection for the Personal Data as is required by this Agreement 

including without limitation sufficient guarantees to implement appropriate technical and 

organisational measures in such a manner that Processing will meet the requirements of UK GDPR or 

equivalent provisions of any Data Protection Legislation and provide evidence of such due diligence 

to the other Party where requested by one of the Parties or a Supervisory Authority. 

3.18 Where each Party acts as a Data Controller in relation to the Processing of Personal Data 

under the Agreement, the Parties will not act as Joint Data Controllers for the purposes of Article 26 

of the UK GDPR in relation to such Processing

4. Severance

4.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or 

unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of 

the rest of this agreement.

4.2 If any provision or part-provision of this agreement is deemed deleted under clause 23.1, the 

parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent 

possible, achieves the intended commercial result of the original provision.

5. Changes to the applicable law

If during the Term the Data Protection Legislation change in a way that the Agreement is no longer 

adequate for the purpose of governing lawful data sharing exercises, the Parties agree that they will 

negotiate in good faith to review the Agreement in the light of the new legislation.

6. Governing law

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of 

or in connection with it or its subject matter or formation shall be governed by and construed in 

accordance with the law of England and Wales.

7. Jurisdiction 

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims),  arising out of or in connection with this Agreement or its subject matter or formation.

This AGREEMENT has been entered into on the date stated at the beginning of it

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