Utilita - help me

fake_smile · 3 October 2017 at 12:16PM

Received a telephone call on 15th September from Utilita.

It all sounded good, my current provider is expensive and I was actively looking to change supplier. So the caller asked me to say yes after each paragraph he read out so I would be entering into a verbal contract. As I was doing so, I had a quick change of heart (I have several mental health conditions, long story). And I terminated the call before agreeing. I only agreed to 1 part. Confirming my name and date of birth.

I have now been told that I have been signed up and can not cancel because the 14 day cooling off period has passed. It hasn't been 14 clear days. Shouldn't this be clear days, not including weekends?

I know this is my fault and I should have declined instead of terminating the call halfway through. Its just the way I am. I'm an idiot.

Does anyone know if I can still get out of it? I am not even named on the tenancy at the house.

System · 3 October 2017 at 12:44PM

fake_smile wrote: »

Received a telephone call on 15th September from Utilita.

It all sounded good, my current provider is expensive and I was actively looking to change supplier. So the caller asked me to say yes after each paragraph he read out so I would be entering into a verbal contract. As I was doing so, I had a quick change of heart (I have several mental health conditions, long story). And I terminated the call before agreeing. I only agreed to 1 part. Confirming my name and date of birth.

I have now been told that I have been signed up and can not cancel because the 14 day cooling off period has passed. It hasn't been 14 clear days. Shouldn't this be clear days, not including weekends?

I know this is my fault and I should have declined instead of terminating the call halfway through. Its just the way I am. I'm an idiot.

Does anyone know if I can still get out of it? I am not even named on the tenancy at the house.

It is 14 days including weekends. You can get out of any domestic energy contract by initiating another switch but this may incur an exit fee. If it does, look for a supplier like Bulb which will re-pay any exit fee if you switch to them. Have a look at their website. You can then switch again if you can find a better deal.

footyguy · 3 October 2017 at 2:09PM

fake_smile wrote: »

Received a telephone call on 15th September from Utilita.

It all sounded good, my current provider is expensive and I was actively looking to change supplier. So the caller asked me to say yes after each paragraph he read out so I would be entering into a verbal contract. As I was doing so, I had a quick change of heart (I have several mental health conditions, long story). And I terminated the call before agreeing. I only agreed to 1 part. Confirming my name and date of birth.

I have now been told that I have been signed up and can not cancel because the 14 day cooling off period has passed. It hasn't been 14 clear days. Shouldn't this be clear days, not including weekends?

I know this is my fault and I should have declined instead of terminating the call halfway through. Its just the way I am. I'm an idiot.

Does anyone know if I can still get out of it? I am not even named on the tenancy at the house.

I'm sorry, but your version of events does not really make much sense.

As you say, you were warned you "would be" entering into a verbal contract, however you "had a quick change of heart" and "terminated the call before agreeing"

You say you "only agreed to 1 part. Confirming my name and date of birth."

If you did not enter in a contract for Utilita to supply you, then they cannot create a contract.

Also you should have been advised of the 14 day cooling off period, or at least it sent to you before it expired (there's no point being told once it expires)

Did your existing supplier not contact you with a 'sorry you are leaving' communication? If not, sounds like they don't care you are leaving.

Consult a comparison site to find the best deal for you. As a domestic customer, you can move supplier whenever you like ... although early exit fees may apply. These can often be mitigated by the possible cashback available when switching to may suppliers.

Edit: I see this isn't the only contract you dispute having ever created
http://forums.moneysavingexpert.com/showthread.php?t=5721015

Good luck!

fake_smile · 3 October 2017 at 4:37PM

footyguy wrote: »

I'm sorry, but your version of events does not really make much sense.

As you say, you were warned you "would be" entering into a verbal contract, however you "had a quick change of heart" and "terminated the call before agreeing"

You say you "only agreed to 1 part. Confirming my name and date of birth."

If you did not enter in a contract for Utilita to supply you, then they cannot create a contract.

Also you should have been advised of the 14 day cooling off period, or at least it sent to you before it expired (there's no point being told once it expires)

Did your existing supplier not contact you with a 'sorry you are leaving' communication? If not, sounds like they don't care you are leaving.

Consult a comparison site to find the best deal for you. As a domestic customer, you can move supplier whenever you like ... although early exit fees may apply. These can often be mitigated by the possible cashback available when switching to may suppliers.

Edit: I see this isn't the only contract you dispute having ever created
http://forums.moneysavingexpert.com/showthread.php?t=5721015

Good luck!

Thanks for the advice. However I am perplexed by your comments about this not being the only contract I have disputed.

How are unauthorised transactions on my bank statement a dispute of a contract?

Anthorn · 9 April 2018 at 11:57AM

footyguy wrote: »

I'm sorry, but your version of events does not really make much sense.

As you say, you were warned you "would be" entering into a verbal contract, however you "had a quick change of heart" and "terminated the call before agreeing"

You say you "only agreed to 1 part. Confirming my name and date of birth."

If you did not enter in a contract for Utilita to supply you, then they cannot create a contract.

Also you should have been advised of the 14 day cooling off period, or at least it sent to you before it expired (there's no point being told once it expires)

Did your existing supplier not contact you with a 'sorry you are leaving' communication? If not, sounds like they don't care you are leaving.

Consult a comparison site to find the best deal for you. As a domestic customer, you can move supplier whenever you like ... although early exit fees may apply. These can often be mitigated by the possible cashback available when switching to may suppliers.

Edit: I see this isn't the only contract you dispute having ever created
http://forums.

moneysavingexpert.com/showthread.php?t=5721015

Good luck!

Incomplete: Simply telling someone that they are entering into a contract is not sufficient. The customer must also be informed of the right to cancel in order to start the 14 days cooling off period. If that notice is not given a contract does not exist or the cooling off period could be extended to 12 months and 14 days and any service provided during the extended cooling off period does not have to be paid for.

2.5. Under the Regulations, a trader is required to provide the consumer with specified information about the right to cancel before the contract is binding on the consumer10. In the event that the trader fails to provide this specified information at the correct time, the Regulations provide that:
a) the cooling off period will be extended (up to a maximum of 12 months and 14 days)11; and
b) in the case of a service which is performed (fully or in part) during the extended cooling off, the consumer will be exempt from paying for that service12.

https://www.ofgem.gov.uk/sites/default/files/docs/2014/10/cooling_off_background_paper.pdf

In the case of the OP a contract does not exist and therefore any exit fee does not have to be paid.

iwork4utilita · 26 April 2018 at 5:33PM

utilita sales people target people with mental health problems, old and vulnerable people. if anyone says they are from utilita and start talking about how much your energy costs please dont speak to them!

JW98 · 26 April 2018 at 7:08PM

Just had Utilita on the doorstep offering a free smart meter - no mention of a switch to them until they were challenged. Thought we had seen the end of this sort of thing but clearly not.

Utilita - help me

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