When is a verbal contract not a contract .

Olive_Oyl

In brief I fixed my energy contract four weeks ago by phone ( all calls monitored .)

Today the supplier told me that I cannot fix due to the fact that I pay for my energy through fuel direct which doesn't qualify, and that I must remain on a standard tarrif .

They have not contacted me since the agreement was made & the issue only came to light when I called them regarding something completely different .



Any thoughts please ?. Thank you .

wealdroam

I'll start by addressing the question in your title.

A verbal contract is just as valid and equally as binding as a written one.

One of the biggest problems of a verbal contract occurs when the parties cannot agree what the actual terms of the contract were.

With no documentation to prove the terms one way or another, a verbal contract effectively becomes unenforcible.

Of course in these days of recorded telephone conversations then verbal contracts can be more easily enforced.

Now back to your issue.

Can we assume, because you haven't actually told us, that you believe you and your energy supplier are in a binding contract where they supply you energy at a fixed price?
Are you now telling us that they like to think that no such contract exists?

If you can prove the contract exists, then of course you can enforce it's terms.

Olive_Oyl

wealdroam wrote: »

I'll start by addressing the question in your title.

A verbal contract is just as valid and equally as binding as a written one.



Now back to your issue.

Can we assume, because you haven't actually told us, that you believe you and your energy supplier are in a binding contract where they supply you energy at a fixed price?
Are you now telling us that they like to think that no such contract exists?

If you can prove the contract exists, then of course you can enforce it's terms.

Thank you for replying wealdroam. I appreciate it

Until the issue came to light today, I understood that I was transfered to the fixed tariff four weeks ago verbally .

It transpires that the energy company haven't thought to advise me that I am not .

I gave a meter reading today & apparently it will take up to three weeks to generate a new bill , by which time the fixed rate offer may well have expired ?

PZH

Olive_Oyl wrote: »

It transpires that the energy company haven't thought to advise me that I am not.

Just a thought - do you use online servicing for the energy supplier?

The only reason I ask is that I got caught out slightly with no communication and it turned out they were simply posting messages to my online account.

I did try to argue the fact that I didn't know there were messages waiting but they were having none of it. Suffice to say I no longer use that energy supplier. (Yes, I know it was my fault for not checking, but still an upset consumer)

Olive_Oyl wrote: »

I gave a meter reading today & apparently it will take up to three weeks to generate a new bill , by which time the fixed rate offer may well have expired ?

Three weeks for a bill!! Wow

Do you have the option of moving supplier ? and would you get a better deal if you did?


ETA: I know the above doesn't answer the original question - so I appologise for deflecting it slightly.

fluffnutter

Olive_Oyl wrote: »

I gave a meter reading today & apparently it will take up to three weeks to generate a new bill , by which time the fixed rate offer may well have expired ?

They're fobbing you off. My energy supplier manages to get one to me within a day or so after I provide a meter reading.

Switch suppliers. Do it now whilst they've got an up to date reading and they're screwing you around. Spend half an hour online this morning seeing what deals are around and switch today. Job done.

Olive_Oyl

PZH wrote: »

Just a thought - do you use online servicing for the energy supplier?





Three weeks for a bill!! Wow

Do you have the option of moving supplier ? and would you get a better deal if you did?

Thanks for the replies.

I don't use an online account. The agreement was made over the telephone & confirmed at the time of the call, unfortunately I'm in arrears so it's impossible to change at the moment .

Also mentioned yesterday was that anyone paying through fuel direct would only be eligible for the standard tariff as apposed to a fixed .!

I agree I'm being given the run around , but need to know if the verbal contract is binding , I'm almost sure it is.

NB I was promised a call back yesterday , still waiting .

PZH

Olive_Oyl wrote: »

I don't use an online account. The agreement was made over the telephone & confirmed at the time of the call....

In that case then, personally, I would be asking for a copy of the recorded call (but you may have to pay for this?)

I would also be writing a formal complaint, stating the facts as you understand them, and asking why there was no communication following the decision not to move your energy deal.

ETA: Have you also tried posting in the "The Gas & Electricity Board" section and name the supplier as there are usually Company Representatives who monitor that section and they may be able to advise further ?

wealdroam

Olive_Oyl wrote: »

I agree I'm being given the run around , but need to know if the verbal contract is binding , I'm almost sure it is.

I thought my post yesterday addressed that... didn't it?

AnnieO1234

Hi, can I ask approximately how much debt do you owe? Just a rough idea and how much are you paying back per week/month?

Just as an aside, do you qualify for the warm home scheme? If you're not sure google it with your suppliers name.

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