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Can Npower change my fixed tarriff?

lisyloo
lisyloo Posts: 30,094 Forumite
Part of the Furniture 10,000 Posts Name Dropper
I switched to a Npowers 2011 fixed gas tarriff last June and was sent a "price control agreement".
In about October I moved my electricity to a different supplier when Npower put up prices.
I also stopped my gas direct debit due to total incompetance on the billing side (3 incorrect bills so far).

I have just received a letter saying my fixed gas tarrif is being changed.
The reason is because I don't have "dual fuel" and I'm not paying by direct debit.

I don't believe this is in the "price control agreement" I was sent.
So I don't believe I was informed about this and it's something I consider a "key fact".
Furthermore I may have made different decisions about both switching electricity and cancelling the DD if I have known about these conditions.

Npower (who are grossly incompetant in my view) say this is in the terms and conditions.

Can anyone advise what the legal rules are about this?
Can they refer to some terms and conditions in the small print of the "price control agreement" and bury these very important facts.
Or do I have a case for a complaint (I am already complaining but would like to know where I stand legally).

My desire is to stay on the Fixed price 2011 tarriff.

Cheers
«1

Comments

  • Magentasue
    Magentasue Posts: 4,229 Forumite
    You need to check T&C but, in most cases, cancelling the DD ends the contract.
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ok, but legally do they need to inform me of that? (or am I just meant to know it).
    I did not receive any warning letters at all.

    Thanks for the info.
  • Plushchris
    Plushchris Posts: 3,592 Forumite
    Its very strange that you managed to sign up to a fixed price gas only tariff, fixed tariffs are usually only available as duel fuel or electricity only.

    If your electricity was on the fixed price tariff and you moved it then they probably changed your gas onto another tariff too.
    Missing Tesco R&R since Feb '07 :A & now a "Tesco veteran" apparently! ;)
  • Magentasue
    Magentasue Posts: 4,229 Forumite
    No, they don't need to inform you again. You are expected to read the T&C.
  • E.ON_Company_Representative:_Helena
    E.ON_Company_Representative:_Helena Posts: 2,359 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Hi lisyloo,

    Generally when you change on to a new tariff, you should be sent Terms and conditions.

    Some tariffs do change or you may be taken off a tariff if you do not meet the criteria, suppliers are able to do this if it is in the T&Cs.

    A number of tariffs are also only available to customers who have both gas and electricity as you have moved the electricity it may be that you no longer meet the criteria to be on the these prices any more.

    I'd look at the T&Cs that you sent you, then you will know more.
    Official Company Representative
    I am an official company representative of E.ON. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I can confirm that I switched gas ONLY.
    I did not want to switch elec as I was on a very good introductory tarriff (SOL8).
    You know, one of the ones they use to "hoik" people in.
    Magentasue wrote: »
    No, they don't need to inform you again. You are expected to read the T&C.

    Thanks for the reply, but I don't think they have informed me of this the first time.
    I did not get "terms and conditions".
    I got a document called "Price control agreement".
    Which I have read and can not see it in there.
    So I don't believe I have been informed.
    Generally when you change on to a new tariff, you should be sent Terms and conditions.
    Got price control agreement.
    They are now sending Ts & Cs but I don't believe I got these.

    So if I was not sent the Ts and Cs then do I have a legal case?
    Will it be tricky to "prove" I didn't get them.
    I still have what I was sent - letter plus price control agreement.
    But proving that I did NOT receive something is actually quite tricky.
    It's difficult to prove a negative although I can prove what I have to support my case.

    The reason I cancelled the DD was that they have been highly incomptant over billing and I could not afford to be in credit to them by hundreds of pounds. So whilst I realise that might legally count for nothing, I consider it to be due to their gross incomptenace (3 insorrect bills so far).
  • E.ON_Company_Representative:_Helena
    E.ON_Company_Representative:_Helena Posts: 2,359 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I'd speak to them and tell them that you did not receive any written correspondence detailing the conditions of the tariff.

    It is hard to argue a case if they say they have sent out information, if you haven't received this, as it could be down to the post, but worth speaking to them.
    Official Company Representative
    I am an official company representative of E.ON. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Magentasue
    Magentasue Posts: 4,229 Forumite
    I think you'll have to give up on this. I'll bet that somehow you got the T&C sent to you or linked on a website you used when switching. I'd also bet that they have to say that they sent them, rather than you have to say you received them. There's probably also a get-out that by accepting the supply, you accept the T&C, a copy of which is available on request.

    From the supplier's point of view, you have vastly changed the contract from duel fuel to single and cancelled the payment schedule agreed. I can't see that you would ever have a legal case.
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'd speak to them and tell them that you did not receive any written correspondence detailing the conditions of the tariff.

    But I did.
    I received a Price Control Agreement.

    I will speak to them to confirm what they send out.
  • Magentasue
    Magentasue Posts: 4,229 Forumite
    lisyloo wrote: »


    The reason I cancelled the DD was that they have been highly incomptant over billing and I could not afford to be in credit to them by hundreds of pounds. So whilst I realise that might legally count for nothing, I consider it to be due to their gross incomptenace (3 insorrect bills so far).

    Unfortunately, you had agreed to pay by DD and the idea is that you build up a credit of hundreds of pounds to pay for increased use during the winter. If you don't want to do this, fixed DD payments are not for you. You need to pay by Standing Order or quarterly billing, which are not available on all tariffs. If you feel the DD is too high, you need to negotiate a reduced amount, rather than cancelling the DD.
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