Is this contract legally binding?

emerald_starcat

My friend was recently visited by two pushy Southern Electric salesmen.

They told her she could save so much money by switching from British Gas to SE.

She explained to them she is already in debt with British Gas - where she has to pay so much per week off the money she owes.

They told her it's not a problem - all she has to do is sign up for the SE contract in her maiden name.

So the contract was filled in with her maiden name and she signed the contract and direct debit in her maiden name.

She is now wishing she hadn't switched. She felt very pressurised by the salesmen at the time.

Does anyone know if this is legal to get people to sign up with their maiden name?

She has been married for 10 years and does not use her maiden name for anything.

Is this contract legally binding or not worth the paper it is written on?

She has been billed but surprise, surprise SE are not cheaper than BG. Her bill is higher than usual!

What can she do?

I told her I would put her situation on this forum to see if anyone can help.

Please help!

Fire_Fox

Have you checked a price comparison site to see which of the two suppliers are cheaper? You cannot simply compare this winter to last as it has been MUCH colder and all suppliers prices have changed.

KimYeovil

Using a different name for the purposes of defrauding someone is, uhm, fraudulent. Your 'friend' is a crook. She may well have been led astray, but she is not a child, and if she is old enough to have been married for ten years then she should know and be able to tell salesmen where to go.

Legally you are free to assume whatever name you please so long as you are doing so in good faith. So the contract is valid. What makes it worthless is that British Gas is free to retake the contract as soon as they track down what has happened. And I doubt any intervening gas and electricity will be charged at the cheapest tariff - she will have to pay standard prices. Plus, of course, there will be black marks on her credit record showing her fraudulent behaviour - the most serious consequence of all.

But as Fire Fox mentions, whether or not the tariff is cheaper is not determined by the size of your bills.

kelloggs36

There should be a cooling off period where she can cancel the agreement - has this passed? either way, she still has to pay off the debt to BG.

emerald_starcat

Thanks for the feedback so far.

No she hasn't checked a price comparison site as she doesn't have a computer or internet. However I will get her recent bills from her and do it for her.

No she is not a crook. The salesmen were there for about 2 hours pressurising her. She is currently having personal problems so is not in her right frame of mind at the moment. She felt the only way of getting rid of them was to do what they said.

I told her she was mad to do it, but I'm not her, and the contract has now been signed.

Surely the salesmen were more in the wrong for suggesting she use her maiden name?

Also she still has to pay BG, £10 a week, this is all she can afford.

I really want to help her get out of this situation as it is not nice being in debt and getting into even more debt.

The cooling off period has passed as well.

Is she best to cancel the contract with SE and just go back to BG?

markharding557

She should do some proper research to see who the cheapest supplier is and she should report these sales men.
I believe it legal for a woman to use her maiden name but of course fraud is not.
I would say it is more using a loophole than fraud since it would appear she is not avoiding the debt.

spiro

You dont say how much she owes but if the change of supply goes through (Southern will mark it as a change on tenancy) then she will have to pay everything she owes British Gas immediately because she is no longer a customer and they will send the debt collectors after her. If they discover she has not moved but has fraudulently claimed she has, which is what she has done, then they will show no mercy when trying to get their money back because they will assume she is trying to defraud them.

Her best bet would be to phone British Gas, explain what has happened and hope they will transfer her back.

david39

I think she should also phone Southern Electric and explain exactly what happened to let them know what tactics their salespersons employ.

It may well be that the salespersons were not working directly for SE, but for an agency acting on their behalf - either way, they should be exposed for what they have done in this case.