Flogas – The Bullies, sanctioned by the Irish Government.

I hate bullies; I have no time for them. After being bullied most of my young life, I began to pay attention and observe them. I studied psychology to understand them and realise that a bully is a coward. However, corporate bullies are a different beast, and corporate bullies, with the full support of the Irish government, are a demonic force to be reckoned with. 

This is a true story of how a corporate giant, Flogas, bullied me and my small business to the point that I became depressed, anxious and suicidal because I could see no way out of the bully cycle. I was stuck with these demons who abused me and my business as a matter of course. 

As they continued to drain our bank account, withdrawing unagreed and unauthorised amounts of money whenever they wished, putting my business into financial jeopardy because I never knew when or what they would withdraw. As I retaliated, I was threatened with a disconnect of power and a blacklisting if I moved to another provider. What was I to do, go broke but have electric and gas, or have no gas and electric, but still have a restaurant.

In my desperation to resolve this corporate abuse, I sought help from Leo Varaka – The Taoiseach of Ireland. Eamon Ryan, The Minister for Transport and Energy of Ireland, The Commission for Regulation of Utilities and Flogas itself. Nobody helped me. The politicians said, it was not their issue. The CRU said, I needed to have a formal complaint number and Flogas, well, that was just more abuse and bullying. 

The cost of energy had become unmanageable, yet, globally, there was no reason for any increase in costs. However, that is a separate issue. Our troubles started with Flogas Ireland in September 2022. They had become our latest provider. We signed a contract in good faith and signed a direct debit mandate. When one is contracting with a corporate giant, one expects they may comply with that contract. The nature of a contract is twofold, it provides terms of supply, along with promises and obligations in return for a payment in a described manner. 

The first issue occurred when an amount of money was withdrawn from our bank, without any notice or invoice, when they were contacted on the matter, they advised that it was not up to them to send an invoice, it was up to us to go to their website and collect the invoice. It was our responsibility to ensure we had the invoice. 

As instructed by Flogas, we provided the meter readings direct to that web portal, some were accepted while others were not. The problem was, we never knew if the reading was accepted or not, we would only know when a chunk of money was taken from our bank and some days later, an invoice would be added to the portal to match the debit. No relevance to the usage.  

It was becoming a serious problem, because the monies being withdrawn from the bank were many thousands at a time, without notice or due process. It became so bad that we were in so much credit that we had to stop the direct debit. 

I had contacted Flogas many many times prior to this to have this matter resolved, but it never got resolved, they answers varied, but the latest was we never submitted the three meter readings, considering we only had two, it was difficult to submit three. When I told them I had no alternative but to cancel the direct debit mandate, they told me I would be in breach of contract and they would immediately remove the “discounted rate”, and revert to full rate for all energy used. They also advised if I failed to pay by direct debit, I was in breach and they could terminate power at any time. 

I really had no alternative, but to cancel the mandate, which I did, and to my surprise, the following week, there was another debit from the bank. I called the bank and spoke to a very strange bank official, who told me that Flogas were a bunch of cowboys and when they set up direct debit mandates, they use multiple ID numbers, making it impossible to cancel. I nraised an official complaint with the bank, and this matter was resolved. The mandate was cancelled. 

I contacted Flogas and instructed then not to attempt to debit our bank again and if they did as before, I would use that email as evidence of fraud. They then claimed we were in breach of contract, and demanded I signed a new direct debit mandate. They would not speak to me unless I agreed to sign a new mandate. I offered to settle the account within 15 days, after a verified usage invoice was raised by EFT. The answer was, “NO, you must sign a new direct mandate.”

They continued their bullying and threats, advising that they would invoke the breach of contract clause and charge us the contract exit fee of €7500, together with blacklisting us from other providers. I felt really locked into a no-win situation. This was bullying at its best.

I took business and legal advice, and both advisors were of the opinion that our company was being bullied, however, we had failed in our contractual obligations, and the only way to  legally address Flogas through the courts was to be seen to be contractually compliant, which was to sign a new direct debit mandate, our legal advisor advised against this as they felt that Flogas would drain our account well before we ever got to court. They further advised it would be more prudent to exit now and protect my company rather than leave the situation to become even worse. 

At this point, I had complained to Flogas for six months about their abuse, but was met with a non-listening defence: we were in breach of contract and they were right. (Remember, it was Flogas who failed to post invoices on their own portal prior to withdrawing funds from our bank. It was Flogas that made up invoices to suit that withdrawal amount and it was Flogas that produced customer statements that made no sense – but they were right)

I complained to the CRU in around the end of May, but was advised that I needed a concluded complaint case before they would be involved, despite the fact that I had been complaining for six months, CRU needed a complaint number, so I requested that from Flogas. 

Flogas response to my request was to assign a customer Specialist to my case. I explained my position to this specialist in several ways, however, I failed at every attempt of explanation and resolution. The customer specialist repeatedly advised me to either sign a new direct debit mandate and allow Flogas to take what they wanted, when they wanted from our bank, or, failure to do so rendered our account in breach of contract, and the un-contracted rate would apply, and should we decide to leave Flogas, the exit fee of €7500 would apply and we would be blacklisted.  

As all this argument was unravelling, our account was in credit, as part of the customer specialist complaints process, she sent me a statement. But when I tried to reconcile the account to align with the Flogas web portal, I found several items on the statement that were not on the portal, and I did not have these details either, I raised the matter with the specialist, to be informed, “don’t mind those items”, so in effect, the statement had no bearing on our account.

After multiple email correspondences where Flogas assigned me four different specialists, I failed to find any resolution and began to worry excessively about what might happen, I decided on one final compromise: I asked the specialist, “If we sign a new direct debit mandate, could she guarantee me that Flogas will only debit the account after a properly verified usage invoice was issued”. Her answer was “NO”. She could not guarantee that. Eventually we received the complaint number that CRU requested and I sent my complaint to CRU on the 7^th September 2022, however, I lacked confidence in their non bias, judicial outcome. Remember, the Taoiseach of Ireland or the Minister for Energy were not interested to confront Flogas. 

I felt at that point, I have no alternative, but to terminate our contract with Flogas and deal with the outfall as it occurred. We sought a new provider, and as I edit this article in September 2024, we have had no issues regarding readings, invoices, direct debits, or customer care.  

After we moved our account to a new provider in mid-July, the final invoices were raised by Flogas, we paid all the usage invoices. However, as is normal practice with Flogas, the invoices kept changing, and our account ended up in a credit. and in my efforts to secure that credit back to our bank account, I emailed Flogas accounts, to receive a reply that advised, they would block any attempt we made to move to a new supplier. Blacklisting us in any move. No mention of the credit we were due.  

As we were now secure with a new provider, and the fear of Flogas emptying our bank account was abated, I felt the need to advise other businesses of the bullying and abuse, from a corporate giant, regulated by the Irish government, and so I launched a social media expose of Flogas. That day, I received an email from Alan Kiely, Customer Services Manager, who wanted to talk to me on the telephone. I suggested that email was the only conduit I was comfortable with, to which he agreed. He asked me to stop my social media exposure until he had investigated the matter. I agreed. He emailed me several times over the following ten days, advising he was investigating the issue; this went on until he advised he had concluded his investigation and wanted to discuss the matter with me by telephone. Again, I suggested email. He replied, advising me that a draft reply would be issued the following week. That was in 2022, now its 2024. No reply ever happened. It was at this point, I decided to journal these events and make them public. 

Again, I requested multiple times, a refund of the credit we were due. I received confirmation that the refund would be in our bank within ten days. Ten days later, there was no refund, so I emailed them again, seeking the refund; this time, I was told we could not have a refund unless we signed a Direct Debit Mandate. I honestly thought this was a joke, they wanted me to sign a direct debit mandate to be paid was we were due. Of course I refused. I complained again, seeking a refund, this time I was told a cheque would be issued within 10 days. No cheque has arrived. 

This company is a legal criminal, sanctioned by the Irish Government. They are accountable to nobody. They have caused me so much stress, anxiety, and frustration. It is a disgrace that companies like Flogas are allowed to behave as they do. 

On September 10th, we received in the post, a handwritten cheque for a partial amount of what was unlawfully taken from our bank. I am grateful to have received the payment. But it does not negate their appalling behaviour. I will await the outcome of the CRU. 

On the 20th of October, we received a letter from these criminals demanding €3264.48 in outstanding invoices. Then, on the 23rd of October, we received an invoice with a different amount, this time €8982.82. So is the outstanding amount €3264.48 or €8982.82 or could it be €12247.30 and do these amounts include the cheque we received or not. The answer must be on the web portal of invoicing, on checking, the balance due to Flogas is a credit of €1342.93. 

Now, considering we terminated our contract with Flogas at end of July 2022, and the account was in credit at that point. I was shocked that the abuse was continuing and the invoices were being made up as they went along. I replied to them by letter and email, stating our case that the account was at zero, and advised that I would invoice Flogas for my time for each correspondence thereafter, except in the case if they offered an apology.

On November 24^th 2022, we received a solicitor’s letter from IVOR FITZPATRICK Solicitors, who represent Flogas, they represent many of the corporate bullies in Ireland. They demanded €5352.03, being outstanding to their client Flogas. It just gets better and better. Numbers were picked from the sky and applied to our account. Meanwhile, on November 25^th2022, Flogas invoice portal shows a credit of €1342.93.

Despite Flogas being warned that each correspondence issued in this case, save for an apology, would be reciprocated by an invoice of €500+Vat, they just keep ignoring my letters and emails and keep banging away with their demands. On the 1st December 2022, we had a demand from LCMS LTD T/A Legal and Credit Management Services, demanding €3264.48, a different amount, but that is why this dispute exists. I responded with my usual objections. To my utter surprise, I received a response from LCMS stating that it was an error that Flogas had engaged them in this matter and that they were not acting for Flogas in this regard and to delete the email. But following that, I received a follow-up email from them, wishing us well. This was indeed heartwarming, given the experience we have endured with Flogas. There are genuine and authentic companies out there. 

Silence and peace had reigned since I wrote back to both IVOR FTZPATRICK Solicitors and LCM Ltd, until the 11th January 2023, where I received a letter from IVOR FITZPATRICK Solicitors. Here is the extract:

“Our client has confirmed that an overpayment was made of €1,342.93 in relation to your Gas account with Flogas. A refund cheque was issued to you, which has yet to be cashed.
Our client has further confirmed that if you wish to transfer this credit over to your Electricity account, they will accept this as a settlement and not pursue the remaining balance due.”

For the sake of peace and a quiet life, I replied, stating that I agreed, I did not send an invoice for time wasted as I assumed the matter was now closed.

( It is worth to note here, I am agreeing for peace sake, as I am exhausted by the bullying and tormenting and I just want a quiet life, I agree also because we HAVE cashed the cheque for 1342.93 on receipt. Therefore Flogas owes our company nothing and I want the matter brought to a close. )

On the 25th January 2023, I received another email from IVOR FITZPATRICK Solicitors seeking payment. When I asked for clarity on what payment, they sent me a copy of my letter, where I agreed to their settlement terms. Now, I am not sure whether its me that’s stupid, or these people are just dumb. 

That was the end of the matter until Friday 30^th August 2024.  I received a decision from the CRU, but it was long and convoluted, filled with spreadsheets, charts, and screenshots from Flogas purporting their innocence. Contained in the 17 pages is the decision as follows:

“Following its investigation, the CRU proposes not to uphold your complaint against Flogas. The reason for this is that Flogas billed your account based on meter reads received from GNI and ESBN as the meter reads you supplied could not be used. Flogas adhered to the terms and conditions of supply regarding the tariff that would apply if you cancelled your direct debit”.

In my opinion, CRU was never going to uphold my complaint. Flogas is a big player, and our government agencies can not be seen to undermine their stranglehold on customers. It is a sad case that we live in a country, not unlike any other country, where politicians care only about themselves and their circle of friends. Corporate bullies are allowed to flourish, and words such as Honour, Integrity, and Customer Care mean nothing.

The official CRU rejection was received today, the 16th of September, 2024. Here is the summary:

Following its investigation, the CRU does not uphold your complaint against Flogas. The reason for this is that Flogas billed your account based on meter reads received from GNI and ESBN as the meter reads your supplied could not be used. Flogas adhered to the terms and conditions of supply regarding the tariff that would apply if you cancelled your direct debit.

I am an old-fashioned man, I have owned the Shack Restaurant for over 25 years and my dealings with revenue, suppliers, staff, and customers have always been based on my core belief: “if I have no Honour or Integrity, then I have nothing.”

In the world today, we as humans are at the mercy of Thugs and Bullies with no place to seek refuse.

David Ellis