cooling off period - where do I stand?

bluesbell

Before xmas I agreed to switch my electricity supply from npower to edf over the telephone.

After getting the paperwork and doing my own comparison, I realised that my existing tariff was cheaper, so tried to phone them on the 8th calendar day of cooling off period, couldn't get through so I emailed them on the 9th day to confirm my intention to cancel the switch. 3 days before the end of the cooling off period.

I got a reply 5 days later which confirmed that my account had already been switched and I need to wait 28 days to move supplier again. I cancelled my request in writing within the cooling off period - the fact that they took several days to pick up my email is, in my view, their problem to sort out.:mad:

I'm going to persist with the complaint and have requested that they reverse the switch. Is this possible? If not, where do I stand?

I was on a discounted fixed tariff with my old supplier and that is still the cheapest around, I really don't want to end up paying more because EDF didn't honor my request to cancel the switch.

Advice gratefully received.

dogshome

It appears that you have been a victim of 'Slamming', which is an Energy sales technique that has been almost, but not completely outlawed by Ofgem the regulator.

Was the sales phone call a cold call that came out of the blue ?
Did the sales person offer cheaper Direct Debit payments without asking what your Annual Kwh consumptions were, who your current supplier was and what tariff you were on ?

If the answer to both questions is YES, you must WRITE a letter headed Complaint to EDF - Setting out the details of the phone call, asking why EDF ignored your instructions to cancel, and also why they did not follow the required process of asking you for your meter readings, and at the same time advising you of the date the Switch would take place, before completing the switch
and
That if it is the case that the tariff you were on with your old supplier is an old one that is no longer available to new customers and they will not accept you back on it, that you hold EDF responsible for any extra costs you incur from today till the End Date of your original tariff

Wywth

bluesbell wrote: »

Before xmas I agreed to switch my electricity supply from npower to edf over the telephone.

After getting the paperwork and doing my own comparison, I realised that my existing tariff was cheaper, so tried to phone them on the 8th calendar day of cooling off period, couldn't get through so I emailed them on the 9th day to confirm my intention to cancel the switch. 3 days before the end of the cooling off period.

I got a reply 5 days later which confirmed that my account had already been switched and I need to wait 28 days to move supplier again. I cancelled my request in writing within the cooling off period - the fact that they took several days to pick up my email is, in my view, their problem to sort out.:mad:

I'm going to persist with the complaint and have requested that they reverse the switch. Is this possible? If not, where do I stand?

I was on a discounted fixed tariff with my old supplier and that is still the cheapest around, I really don't want to end up paying more because EDF didn't honor my request to cancel the switch.

Advice gratefully received.

In cases like this, it is always best to contact your existing provider to ask them to ensure the transfer does not occur. They will have a vested interest in ensuring action is taken promptly to stop a previously requested switch.

But you still have a basis for complaint.

I would actually suggest you action this as an Erroneous Transfer on the basis a cancelled contract was not actioned. i.e. the gaining supplier failed to act upon the cancellation of the contract by the customer
http://www.ofgem.gov.uk/Markets/RetMkts/Compl/CustTransf/Documents1/5020-Erroneous_Transfer_Review_31oct03.pdf

Again, I would do this to your initial supplier (npower) as once again they will have a vested interest in getting you back to them and, if successful, you should be automatically be put back onto the tariff you were on with them

chanz4

Wywth wrote: »

In cases like this, it is always best to contact your existing provider to ask them to ensure the transfer does not occur. They will have a vested interest in ensuring action is taken promptly to stop a previously requested switch.

But you still have a basis for complaint.

I would actually suggest you action this as an Erroneous Transfer on the basis a cancelled contract was not actioned. i.e. the gaining supplier failed to act upon the cancellation of the contract by the customer
http://www.ofgem.gov.uk/Markets/RetMkts/Compl/CustTransf/Documents1/5020-Erroneous_Transfer_Review_31oct03.pdf

Again, I would do this to your initial supplier (npower) as once again they will have a vested interest in getting you back to them and, if successful, you should be automatically be put back onto the tariff you were on with them

the et part is right, but inregards to the tariffs they dont have to.

bluesbell

Thanks for the advice guys. I will contact my exising (or previous?) supplier to see if they can do anything from their end.

Failing that I will pursue my complaint with EDF with the advice from dogshome.

Wywth

chanz4 wrote: »

the et part is right, but inregards to the tariffs they dont have to.

Here it says:

"3. It is important to be aware that you will be billed by your original supplier as if your supply never left should an erroneous transfer be arranged, ..."

and goes onto advise a customer not to agree to a new contract with the original supplier (if requested)

http://cfe.custhelp.com/app/answers/detail/a_id/44/~/what-happens-if-a-supplier-takes-over-an-energy-supply-without-permission%3F

Wywth

jalexa wrote: »

...On the face of it you complied with the cancellation timings. In that case the correct approach is a Complaint to the gaining company. ...

An Erroneous Transfer can be referred to either company, and for the reasons I gave earlier, I would complain to the original supplier (i.e. the one you want to remain with)

You could probably even do it by phone as it's unlikely a supplier will not actively pursue the complaint that will result in them getting a customer back ... some suppliers pay upwards of £100 to get a customer on occassions.

You could follow up with a letter if you want a belt & braces approach.
(A free proof of postage should suffice in case of dispute, especially if the letter is just confirming a phone call you made)

chanz4

Wywth wrote: »

An Erroneous Transfer can be referred to either company, and for the reasons I gave earlier, I would complain to the original supplier (i.e. the one you want to remain with)

You could probably even do it by phone as it's unlikely a supplier will not actively pursue the complaint that will result in them getting a customer back ... some suppliers pay upwards of £100 to get a customer on occassions.

You could follow up with a letter if you want a belt & braces approach.
(A free proof of postage should suffice in case of dispute, especially if the letter is just confirming a phone call you made)

Problem is that their is a valid contract

Wywth

chanz4 wrote: »

Problem is that their is a valid contract

As I understand the OP, it was cancelled during the cooling off period but the gaining supplier failed to act on that.

Therefore it is an Erroneous Transfer. (Edit: as you agreed earlier)

If it subsequently is proven that the cancellation was not given within the cooling off period, or rather there is no evidence available that it was, then the ET request will fail.
I only have one side of the story and so my advice is given on the basis of that only.