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Scotish Power unfair contract help

jonnye_2
jonnye_2 Posts: 12 Forumite
went onto a fixed cap price with SP for 12 months, been with them now for about 18months and just changed supplier.

They have now billed me £50.00 cancellation fee which they will wave if i come back.

They claim I was emailed in Sept 2009 to say my 12 months deal had ended and I would be put on a new capped 12month deal unless i contacted them.

I didnt see the email but they say it was opened, my wife and kids also use the same email address so maybe they deleted it by accident?? or maybe it was never sent.

Can they enforce a contract which I have not given my agreement to? I can not see how a email can form an contract unless I replied or rang them to confirm.

Anyone else had this? any ideas on fighting this as i feel is un fair

Thanks

Jon

Comments

  • Mankysteve
    Mankysteve Posts: 4,257 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I do believe recurring contract are legal and not classed as unfair. Did you read the T&C before signing
  • KimYeovil
    KimYeovil Posts: 6,156 Forumite
    1,000 Posts Combo Breaker
    Would you have been happier if you had been bounced on to a standard tariff that would have cost you 20 or 30 percent extra every month? If it's since September then you have probably saved a lot more than £50.

    If you do want to return to Scottish Power surely it would make more sense to complete the switch away then switch back via a cashback site - £130 cashback is greater than the waived £50.
  • jonnye_2
    jonnye_2 Posts: 12 Forumite
    well good news, just had SP on phone and they are backing down, after getting an email saying the fees stood and they are unable to refund the £50.00 I asked for copies of emails and also tracking reports to prove delivery / emails had been opened which they claim they had checked to confirm I had opened them.

    For some reason they could tell me over the phone I had opened them but on requesting copies they no longer have them on file and have backed down and refunded the charges.

    Guess is just shows don't take first answer fight it all the way and ask for copies of everything they have on file.

    Thats £50.00 in my pocket :beer:
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    jonnye wrote: »
    well good news, just had SP on phone and they are backing down, after getting an email saying the fees stood and they are unable to refund the £50.00 I asked for copies of emails and also tracking reports to prove delivery / emails had been opened which they claim they had checked to confirm I had opened them.

    For some reason they could tell me over the phone I had opened them but on requesting copies they no longer have them on file and have backed down and refunded the charges.

    Guess is just shows don't take first answer fight it all the way and ask for copies of everything they have on file.

    Thats £50.00 in my pocket :beer:
    Looks like you have caught SP's call centre lying. That must be a first ....
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • undaunted
    undaunted Posts: 1,870 Forumite
    Well done for not just giving in. Enjoy the £50, whatever you spend it on.
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