Spark energy and a new tenant

Jon_01

This maybe the wrong part of the forum,

My daughters just signing up for a new place, the gents told her the supplier is Spark Energy.

She's googled and found very many 'issues' with this lot and told the agents she's no wish to go with them
They just told her that they have already send her info to them ?

Isn't this in breach of the data protection act? Do they not have to have her permission to pass her info on to any third party, especially one with so many complaints as this lot ??

dogshome

Hi Jon 01 - I'm afraid that as Spark are the existing supplier, your daughter has to accept supplies from them for at least 28 days, and those supplies will be on their 'Standard' contract

However, she can start the Switch process after those 28 days which usually takes around 6 weeks - but don't hold your beath as Sparks reputation when dealing with paperwork ain't good.
When she does switch, setting a D/Debit level will be difficult as she has no consumption history,
so take a guess on what she's likey to use and be prepared to adjust the D/D's up or down.

There is some evidence on this site that Letting Agents are earning commision payments by switching the Utility suppliers whilst a property is in limbo between tenants, so Check that meter reading the Agents have given her, against the meter and also the water meter if there is one and file them away safely.

KimYeovil

dogshome wrote: »

However, she can start the Switch process after those 28 days which usually takes around 6 weeks -

Switch process can be initiated on day 1 - no need to wait. And the six weeks includes the 28 days notice.

Jon_01

dogshome wrote: »

Hi Jon 01 - I'm afraid that as Spark are the existing supplier, your daughter has to accept supplies from them for at least 28 days, and those supplies will be on their 'Standard' contract

However, she can start the Switch process after those 28 days which usually takes around 6 weeks - but don't hold your beath as Sparks reputation when dealing with paperwork ain't good.
When she does switch, setting a D/Debit level will be difficult as she has no consumption history,
so take a guess on what she's likey to use and be prepared to adjust the D/D's up or down.

There is some evidence on this site that Letting Agents are earning commision payments by switching the Utility suppliers whilst a property is in limbo between tenants, so Check that meter reading the Agents have given her, against the meter and also the water meter if there is one and file them away safely.

Spark are not the existing supplier. They are the supplier that the agent and the landlord want her to use (I'm guessing that they get a kickback). So they are switching from the existing supplier to Spark.

The letting agreement states that they will send her info the their agreed supplier! The problem is, she hasn't signed the agreement yet!

My understanding of the DPA is that they can not give her info to anyone without her agreeing. As she hasn't signed the agreement they are in breach of the act?

Also, read overnight, they can't force her to use anyone they want, its her choice to use the supplier she wants ? Yes ?

GYOB

She can use whoever she wishes as her supplier. However, agencies (particulalry housing associations) sometimes have agreements with suppliers that the supply will start with them for each new tenant (many won't even bother to switch). It's not difficult to switch and the switchoing process starts with conating your chosen supplier who will then send a request to the exisiting supplier to take over the supply of the property. That will then be reviewed by the exisiting supplier who will then let the supply leave or object to it leaving depending on things such as debt levels, whether the new supplier is requesting the right MPAN/MPRN and so on.

Each adult over the age of 18 living in a property is liable for energy usage. However, that liability only begins on the date the tenancy agreement starts. If the switching process has started in your daughters name before the date which the tenancy begins then she will be getting billed for a period in which she is not liable. Landlords and agencies are liable for vacant periods in between tenancies.

It is good practice to check meter readings given against what is on the meter and to keep a note of what the reading is on the day the tenancy begins and then what it is on the date supplies are due to change and when you move out. This assists with any billing disputes.

Just for information it is the NEW SUPPLIER'S responsibility to provide the closing reading to the old supplier. So on the date your supply is due to change provide the reading to the new supplier so that this can then be sent to the old supplier. If you don't do this, then your new supplier will estimate a reading and this can cause billing problems.

Jon_01

Thanks for that.

What happens if she doesn't want to use Spark at all?
Research shows that Spark prevent any other supplier taking over by refusing to release the acc, bill incorrectly (ie one acc I've read shows that they billed one guy for £2500 when he'd used £170 and then sent a collections agency in !) and do any and everything they can to keep the acc running with them.

More worryingly, the agent has sent her bank info to Spark even though she hasn't signed the agreement (which I think is in breach of the DPA) and Spark may now bill her for a property she won't take !

GYOB

Unfortnatley, if Spark are the supplier on the date her tenancy moves in then she will have to stick with them until the change of supply process happens. it usually takes around 28 days for electricity to move and 6 weeks for gas, but may take longer depending on various things.

If she initiates the cahneg of supply as soon as the first date she can move in arrives then there shouldn't be too many issues. Just ensure that the meter is read that date and also on the date the new supplier expects to take supply (they will usually inform you of this). The new supplier is responsible for finalising the readings when a supply is changing, so providing an accurate reading on the day supply is due to change should mean accurate billing. As the account won't have been open for a quarter then there shouldn't be any debt on the account to prevent the supply leaving.

As for bank details, just monitor the bank account and cancel any Direct Debits that are set up for Spark Energy if you do not wish to have Direct Debits. As for whether it was a breach of DPA, that is not something I know a lot about. Your best point of contact would be the The Information Commissioner’s Office.