npower telesales & unwanted contract

Steady-Eddie_4

On March 3rd I was contacted by a member of npower's telesales team who informed me that I'm paying too much for my gas/electricity with my present supplier. At the time I was at the wheel of a truck (hands free of course) and pointed out that I was driving and had no figures to hand to compare what he was offering me. I asked him to email his figures but he said he was unable to do that but would send me a contract to look at.
I said that I didn't want a contract, just the figures. He said not to worry as I had 14 days to cancel if I didn't want to go ahead. So, stupidly I agreed. He then rattled through the T&C.
The contract dated March 6th arrived on March 14th while my wife was in hospital for surgery. Had a quick look at it and then put it down thinking that I had 14 days from the date on the letter.
Rang them on the 19th (13 days from the date on the letter) to cancel the contract only to be told that the clock started ticking after the initial phone call and it is now too late to cancel. Rang back later to explain my case only to be stonewalled by a jobs worth who wound me up by telling me that the contract stands "as you've already been told twice".
Tried emailing the complaints team who replied informing me that as the contract was now in place it can't be stopped. However, I can cancel 28 days from commencement of supply and go back to my original supplier .
No use to me as this means I lose my fixed until 2011 deal with Scottish Power.
Sorry about the length of this post but I feel it's best to put everything down to get the best responses.
Do I stand a chance of getting this sorted out before my blood pressure goes through the roof?
Regards

ezzmo

Hi Eddie. I had a similar experience with a door sales man, I was off work ill at the time and thought I was gettinga good deal, although it all seemed to good to be true.
Scottish power then came back to me and asked if I was aware of the standing charges with N Power, which I was not! He had ticked the box to say he had given me a copy of the tariffs, but when I looked in the pack this was not there.
Lucky in some ways I am on pre payment meters so have went back to Scottish Power, and have not put N Powers cards in my machines, I just hope I dont get hit with a "standing" charge for the period it will be reconnecting to Scottish Power.
I did call to complain about being mis-sold an agreement but am still waiyting for this to be sorted out.

good luck to you.:mad:

littleredhen

i would contact Scottish Power and tell them what has happened - they may be able to help you as i am sure they would want to keep you as a customer so they may have some pulling power - good luck

Premier_2

Steady-Eddie wrote: »

...I said that I didn't want a contract, just the figures. He said not to worry as I had 14 days to cancel if I didn't want to go ahead. So, stupidly I agreed. He then rattled through the T&C....

...Had a quick look at it and then put it down thinking that I had 14 days from the date on the letter...

Unfortunately one of the terms which the salesman should have 'rattled through' and would be on the contract provided does state:

Changing your mind
You can cancel this agreement within 14 days from the date you signed it, accepted it on the phone or sent in an on-line application. To do this, simply write, stating your contract number, to: npower, PO Box 9647, Oldbury B69 2PZ or email us at [EMAIL="CustomerAcquisitions@npower.com"]CustomerAcquisitions@npower.com[/EMAIL] or telephone us on 0845 6060 646...

http://www.npower.com/web/At_home/electricity_and_gas/terms_and_conditions/index.htm

Steady-Eddie_4

Well, as advised by energy watch I've now sent them a letter by recorded delivery asking them as gesture of good will to stop the contract. I've told them the details and also pointed out that part of the address on the contract is wrong proving that it is possible to miss-hear over the phone and that I'd said I'd pay by direct debit and they've sent me a contract for cash/cheque payment rates.

Don't hold out much hope though

Energyman_2

Ask for a copy of the recording of the sales conversation - they are bound by law to send it (but it may be cut to bits and just include the terms and conditions) - Ask for the full conversation!

andyfuk

Might be worth contacting trading standards for advice too. There may be some statutory rights that overule NPower's T & Cs.

Premier_2

andyfuk wrote: »

Might be worth contacting trading standards for advice too. There may be some statutory rights that overule NPower's T & Cs.

The statutory rights only allow 7 days cooling off, rather than the 14 days nPower allow.

http://cfe.custhelp.com/cgi-bin/cfe.cfg/php/enduser/popup_adp.php?p_sid=2sTiDwtj&p_lva=&p_li=&p_faqid=5671&p_redirect=&p_created=1210089142&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9OTksOTkmcF9wcm9kcz0wJnBfY2F0cz0wJnBfcHY9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29vbGluZyBvZmY*


That does presume, as it does in the OP's case, that the right to cancel was explained during the call.

Energyman_2

Premier wrote: »

That does presume, as it does in the OP's case, that the right to cancel was explained during the call.

Hence get the copy - my partner works for Npower - they keep all the discs and take stuff like this seriously. Even asking for the disc will instigate action

evenstar2009

Surely they can't reasonably accept a phone call acceptance for a contract as they can't confirm that it really is the person they want to speak to ? I was press ganged into switching to N Power as i left the queue in WHSmiths with my toddler in tow who obviously wanted to get out of the shop. They reacted with melodramatic looks of horror at the current DD amount i was paying Atlantic for my dual energy and then it was too much and i would be on £10 less with them if i switched - that was 6 months ago and i recently received a bill for £400 for the deficit which my unrealistically small DD didn't cover what a surprise! I complained to NPower about being mis-sold this by their salesperson and they said they would raise a complaint - couple of days later i received a letter from them saying "thanks for informing us you now want to pay quarterly" - can they get nothing right?? Its not like they're short of money!!!

Steady-Eddie_4

RESULT.
I wrote to their Executive Complaints Team who replied saying that they would be ringing me. After two weeks of not hearing from them I sent them an email reminding them that I was still waiting. Three hours later they phoned and a nice gentleman told me that as I'd been miss-sold the contract, they wouldn't be enforcing it and that I'd be staying with Scottish Power.
After a visit from a Scottish Power rep, a couple of phone calls and an email Scottish Power have agreed to keep me on my current deal (fixed until 2011), although it was touch and go for a while as the transfer had already started until Scottish Power blocked it as an eroneous transfer.
I think that the moral of the story is not to deal with salesmen over the phone, or if you do, listen very carefully. Then tell them no!