Cancellation charge from Sainsburys Energy

gunnag

I recently changed energy supplier from Scottish Power to Sainsburys energy using an online comparison tool.
All was proceeding well until a few weeks ago I received an unsolicited call from Scottish Power asking if they could provide a better deal. After some discussion, the Scottish Power caller came up with a deal which was indeed £10 a month better than what I was expected to pay with Sainsburys. I was told by the fast talking seller that I did not need to do anything, I will not pay cancellation charges and everything would be taken care of. I agreed to this new deal to revert back to Scottish Power but did not receive any paperwork or sign anything.
Yesterday I received a final bill from Sainsburys and although the energy usage was negligible, they charged me £60 in cancellation fees. Needless to say I was upset that this wasnt explained to me by Scottish Power and feel that I have been deceived by them into switching back as I was told I wouldnt incur any extra charges.
Perhaps I didnt listen closely enough to the Scottish Power caller but feel this should have been explicitly stated and signed for.
Was wondering if I have any comeback from Scottish Power or whether its my fault?

macman

Why is it SP's fault? You failed to check the terms of the existing Sainsbury tariff, which included an ETC, as is common (presumably £30 per fuel). SP could not cancel that ETC for you. Nor could they know whether you were still in minimum term with Sainsbury's.
If however you were told that they would pay your ETC, then you have a case for mis-selling-if you can prove what was said.
Finally, your bills will almost certainly not be £10 a month less. Your DD may be initially, but after a few months you will have built debt and after a reading your DD will be hiked to recover the arrears-which is why you should never sign up on the basis of a cold call. It's the same old trick that was used by the dooorstep sellers. Use a comp site next time and keep the commission for yourself.
No signature is necessary to form a contract.

gunnag

I understand what you are saying, however at no time was it pointed out to me that I may incur a cancellation fee from Sainsburys energy and given that I was told "I would not incur any additional charges", I feel that I have been mislead. Additionally, I would have thought that since there was only a week or two between switching to Sainsburys and back, it should have been obvious to the Scottish power caller that I would incur cancellation fees.
OK, so I may have been gullible in accepting this switch back but I would have thought that a responsible company would have made an honest assessment of my situation and provided a letter clarifying the switchback details together details of cost implications.
Bearing in mind all of this was done over the phone with no signatures or documentary evidence, IM somewhat skeptical of the legality of this.

macman

It's perfectly legal unless they said that they would pay or otherwise credit your ETC. Classic case of caveat emptor.
The rep probably didn't even ask you which Sainsbury tariff you were on-did you tell him? If Standard, there would be no ETC applicable.
His concern was his commission payment, not your ETC.

Mr_K

Simple rules for consumers: -

1. Never give your home phone number out. Give them 01234567890. Works fine for me with most companies/online shopping.

2 . Never buy anything from anybody who just rings up or turns up on your doorstep.

That's it, not complicated.