Stopping energy supplier transfer, Please help

macman

You should have just struck the 'Spark' clause out of the lease. It's not enforceable.
If you trust the agent to untangle you from Spark then you are naive in the extreme-what incentive have they got to do that? It's your account, you need to do it yourself.

dogshome

It's good that your L/Agent has now back-tracked on insisting on Spark, particularly as it was they who included the Spark clause in the lease in the first place - Lets hope they are deleting it from all the 'awaiting let' leases they hold.

The problem is that the lease you signed included the clause and as soon as you signed it, the Agent advised Spark who the new tenant was.

Once a Switch has started it's virtually impossible to stop it in mid-process, (I know as I've tried), and you are reliant on useing the "7 day cooling off period Cancellation Document" that is included in the welcome pack - which I doubt you will have had - but the 7 days still runs from the date the Switch request was made.

I hope, but very much doubt that Spark will back off because of the Agents change of mind, but the lack of a Welcome Pack with it's 7 day cancellation document is a real incentive for Ofgem to take an interest, so if you do have to involve Ofgem, tell them about it

jalexa

dogshome wrote: »

that is included in the welcome pack - which I doubt you will have had - but the 7 days still runs from the date the Switch request was made.

I sure that is how it will operate in practice, though "legally" the "cooling-off" period starts on the day after the receipt of the contract details whether paper mail or email.

It is still not clear to me whether the agent "switched" the property (from BG) during the void period (with the agent as the "customer") or switched the property from the tenancy start date with the new tenant as customer.

Both "correct" processes with no "objection" grounds.

I'm still not sure that the OP understands that once switched to Spark the correct process is just to initiate another switch to the OP's supplier of choice, as presumably the previous tenant did to BG. Successfully.

Dfects

Well, we didn't sign the contracts until the 11th of May, and the transfer date is the 31st of May. Its my understanding that the minimum time for transfer is 28 days/4 weeks. This means they would of started the transfer and passed my details on before anything was signed?!? Seems a pretty shocking way to handle this. If we'd of backed out and not signed, I would end up being responsible for the bills at this place too, even though I didn't move in. Absolutely shocking.

Dfects

I do also know that the "correct process" is to transfer back afterwards, but after reading reviews I understand spark energy won't be making this easy for me and will probably try and stop it. I also refuse to set up a direct debit as I don't trust them to take money from my account directly, which means they'll put me on thier high tariff, with rates up to 34p for electricity as we're on an economy 7 meter!!

I understand that there is a cooling off period, which we would of missed because we were completely oblivious they were still doing this until after the transfer. We received a welcome letter yesterday, which is the first written corrispondence we've had. But surely the suppliers can still object after this time if there are for example, outstanding debts on the account? So I don't see why an objection from both sides would definitely be ignored?

Also, who actually reviews these objections? All spark energy could tell me was its "the industry".

chanz4

leases also say you cant have pre-payment but guess what, they cant stop you as they dont own the meters.

Terrylw1

The objection process is part of the Master Registration Agreement (MRA).

See the .PDF on here, P72+

http://www.mrasco.com/index.php?option=com_content&view=article&id=23&Itemid=23

The old supplier receives a data flow from the distributor stating the date the new supplier wants the supply from and who they are. To trigger this, the new supplier sends the distributor this info on a data flow.

If you are within the Objection Raising Period, your old supplier can stop it happening. If you move in prior to the switch date, you are the customer anyway, the agent has ceased responsibility.

If you are outside this window, the ET process should be used but the old supplier can't start that until the new suppliers start date has commenced.

In terms if date, the new supplier cannot set the start date more than 28 days in the future.

I recall the window being 5 days, which is the distributor MPAS automated deadline for processes.

Dfects

Thanks for all the info, very helpful In this case, does ET refer to erroneous transfer?

Terrylw1

Yes, ET is erroneous transfer which is the process to back out a registration so that the erroneous supplier remains on the distributors database as an ET.

Bare in mind that an ET involves discussions between the suppliers and a mutual agreement. An ET is for an incorrect registration that has gone through such as your neighbour signing your MPAN/MPRN up. In this case, they have got the right customer and address on a valid contract. So, the new supplier might be difficult.

Its a very poor practice for a letting agent to sign up a property to a new supplier using a date that they are no longer responsible for utilities. Making this the issue, as in blaming the letting agent, the new supplier might be more agreeable.

Dfects

Thanks for the info

The letting agent is also on my side, as they knew I requested it not to be transfered and they agreed. So I might try and play that angle, and provide details of the letting agent for confirmation if required/acceptable that it was done in mistake.

For some reason, they seem to of only transfered the electricity supply and left the Gas. This was confirmed by both spark (on 3 separate occasions) and british gas. Still seems strange to me.