Do contracts with energy companies come under the consumer credit act

lectrospin

I am disputing a debt with an energy company and made a CCA request, which they ignored. I am right that a)They have committed an offence by not supplying it and b) They cannot add any charges or interest and c) They cannot pass any information to a credit reference agency?

spiro

Not sure if its cover but I dont think a supply contract is a credit agreement. I terms of your questions:

a) What are you asking for?
b) Yes they can add charges i.e. warrants, fitting PPM, late payment charge etc.
c) Yes they can and do.

HalloweenJack

if they pass on detqails of late or default payments (and go to DCA`s) then ergo its covered by the CCA?

Devils-Advocate_3

Of course they can add charges etc, and of course they can pass onto credit agencies.

lectrospin

Devils-Advocate wrote: »

Of course they can add charges etc, and of course they can pass onto credit agencies.

Well not if they fail to provide a CCA but I don't think utility contracts come under CCA so it doesn't apply to my case. I don't think it's a credit agreement, it's not listed in my credit report.

I'm disputing the debt, on the basis that I have never to my knowledge been a customer of the company, I've asked for a copy of the agreement I made with the company, which I don't believe they can provide, not a genuine one at least, but they've ignored all my correspondence (breaching OFGEMs code of conduct) and passed on the debt to a collector who have also ignored me when I contacted them to inform them that I was disputing the debt with the company. I have referred my case to the energy ombudsman. Do I need to contact the debt collectors or should I just wait the decision?

undaunted

Have you used electricty or gas and if so on what basis are you arguing you are not liable to pay for it?

If you have used energy you will be deemed to have automatically contracted with the previous occupiers supplier and hence liable for their standard contract terms unless there is more to your dispute than is clear from the above.

Energy companies are supposed to make you aware of the main terms of a deemed contract, though this appears not to be checked / regulated in any serious fashion. Some more information may be helpful eg, have they ever sent you their standard terms, have you made any efforts to contact the supplier, switch suppliers etc, have you received bills & how long have you been using this supply?

Whether or not there are any legal grounds to oppose such "deemed contracts" remains to be determined (as far as I'm aware no concluded case has ever challenged one) but I suspect you would have little success with the argument you appear to be making.

Whether you feel your fight justifiable & worthwhile is upto you but I would be prepared for a long hard fight & not expect any help from The Ombudsman, Ofgem etc if you haven't got something more than the above to fight with.

lectrospin

undaunted wrote: »

Have you used electricty or gas and if so on what basis are you arguing you are not liable to pay for it?

If you have used energy you will be deemed to have automatically contracted with the previous occupiers supplier and hence liable for their standard contract terms unless there is more to your dispute than is clear from the above.

Energy companies are supposed to make you aware of the main terms of a deemed contract, though this appears not to be checked / regulated in any serious fashion. Some more information may be helpful eg, have they ever sent you their standard terms, have you made any efforts to contact the supplier, switch suppliers etc, have you received bills & how long have you been using this supply?

Whether or not there are any legal grounds to oppose such "deemed contracts" remains to be determined (as far as I'm aware no concluded case has ever challenged one) but I suspect you would have little success with the argument you appear to be making.

Whether you feel your fight justifiable & worthwhile is upto you but I would be prepared for a long hard fight & not expect any help from The Ombudsman, Ofgem etc if you haven't got something more than the above to fight with.

I'm with a different power company and have been for some time, the only way I could have been with any different power company is if they switched me without my consent. Which I'm sure they can't do.

Premier_2

lectrospin wrote: »

...I'm disputing the debt, on the basis that I have never to my knowledge been a customer of the company, ...

Have you used their energy?

Lets make it even simpler. Are you suggesting you were a customer of another authorised supplier when you used the energy for which you are being charged? Has that other supplier accepted you were their customer and billed you accordingly?

If you were not with another supplier - sounds like you used the supply from the supplier you are in dispute with.
Before you get too far involved, check out what 'deemed contracts' are all about in relation to energy supplies

If another supplier has already billed you, then I'm sure the two suppliers will come to some agreement and let you know who actually supplied what you used, and so who you should be paying

lectrospin

kjsmith7 wrote: »

You are right, they cannot switch you without your consent. If this is the case, it is called an 'erroneous transfer', and there are policies and procedures in place to attempt to send you back to your previous supplier as though you never left them.

Is the bill for a period of time before you where with your power company?

Does the bill they're sending you have your name and correct info (e.g. address and meter serial number) on it? If it doesn't, it may be that the suppliers databases hold incorrect information for your property and the new supplier took over in error? But as you're obviously attempting to write to them, etc. you've probably had something in your name?

Hope that helps

The period of time is a two week period during my time with a different company, it has my corrrect name and address and meter which I have never given them so I have no idea where they got that.

Premier_2

lectrospin wrote: »

The period of time is a two week period during my time with a different company, it has my corrrect name and address and meter which I have never given them so I have no idea where they got that.

Then you should be able to invoke the erroneous transfer customer charter which will mean you will end up being charged as if no transfer ever took place

spiro

lectrospin wrote: »

The period of time is a two week period during my time with a different company, it has my corrrect name and address and meter which I have never given them so I have no idea where they got that.

So you were with supplier A (your chosen supplier), then you get a bill for a 2 week period from supplier B (not your chosen supplier).

Did you get a final (leaving bill) from suplier A?
Did you start getting billed again by supplier A without you taking any action?

If the answer to both is Yes then the suppiers have realised the wrong meter point was transferred and they have transferred you back.

If the answer A is yes but B is no (you had to call them to sort it out) then the wrong meter point was transferred and they will transfer you back.

Regardless of the above you have used the fuel and have to pay the bill assuming the meter readings are valid (dont overlap).