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Spark Energy supplier chosen for me, can I cancel for free?

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Hello all!

Long story short, my wife and I will hopefully be moving into a rented property in a few weeks and I've just been reviewing the tenancy agreement and noticed the following clause:
2.9 Disclosure of Tenant’s details to Spark Energy:
2.9.1
At the commencement of the Term gas and electricity will be provided, or will be in the process of being
provided by Spark Energy Supply Limited (“Spark Energy”). However this will not prevent the Tenant from
changing to a different energy provider if desired.
2.9.2
The Tenant agrees that the Landlord’s Agent may pass the Tenant’s name and contact details to Spark
Energy and/or Utilitell for the purpose of:
(a) registering the gas and electricity meters at the Property in the Tenant’s name with Spark Energy,
providing gas and electricity to the Tenant and administering the Tenant’s account with Spark Energy.

Now like any good money saver, I've been doing my homework on Spark Energy and it would appear that they are not the cheapest out there.

So my question is; can I be charged for exiting a tariff that I don't really want to be apart of, but have little choice in agreeing to?
When someone calls you, you don't need to confirm a damn thing. The person who called you however, could be anyone.

Comments

  • ACG
    ACG Posts: 24,582 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    I dont see how you can be tied in to a contract you have not signed up for.
    https://sparkenergy.co.uk/partner - looks like the agent is geting some sort of kickback.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    By signing the tenancy agreement, you'll be instructing the LL's agent to act on your behalf by signing you up to Spark.

    Of course, you're free to switch at any time later, subject to any conditions of the specific Spark product. So if you're signed up to a fixed rate product, with an early cancellation fee..........

    However there' a 14 day cooling off period I believe, so you could cancel fast.
  • G_M wrote: »
    By signing the tenancy agreement, you'll be instructing the LL's agent to act on your behalf by signing you up to Spark.

    Of course, you're free to switch at any time later, subject to any conditions of the specific Spark product. So if you're signed up to a fixed rate product, with an early cancellation fee..........

    However there' a 14 day cooling off period I believe, so you could cancel fast.

    LL and agent can put what they like in the contract. When it comes to energy the statutory provision is clear - if the tenant is responsible for paying, the tenant can choose whomever they like for their supply.
  • Annabee
    Annabee Posts: 653 Forumite
    Part of the Furniture 500 Posts Photogenic Combo Breaker
    Is the agency Connells by any chance? Two years ago my daughter had an almost identical clause in her tenancy contract with them, but on moving in she found the property's energy suppliers were not in fact Spark Energy, and they never made any move to switch her to them. (Which she would have resisted).

    Obviously they (and other agents) must do it quite often though, probably for a kickback from Spark Energy, like pps said.

    Of course the person actually paying the bills is the only one who should decide what supplier to use, as Martin Lewis says. I am pretty sure there is a number you can call to find out what supplier your home is with, but I can't remember where to find the information. Whether you can find out before you move in I'm not sure. If you do find out that you will unwittingly be with Spark Energy, you could always them a call to say you won't be using them.
  • illusionek
    illusionek Posts: 171 Forumite
    Had the same problem few years ago. You can cancel it at no cost. My advice would be to notify them by post signed for. I initially cancelled by phone and then found out they were proceeding with the transfer anyway. Luckily they needed my meter serial no so they called me and this is how I found out they are still going ahead.
  • dogshome
    dogshome Posts: 3,878 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As a 'new' occupant to the property Spark will put you on their 'Standard Variable Tariff - all suppliers do this - which is the most expensive but has no lock-in period, so there are no penalties for Switching supplier.

    DO NOT RELY on the Estate Agent setting up your account with Spark.
    On the very first day of your rental agreement you are responsible for Utility Bills, even if you don't move in on that day - So look at the meters and report their readings and your occupancy to Spark a.s.a.p
    The same goes for the Water Co. if there is a meter installed.
  • If you are with SPARK ENERGY then leave immediately.
    We left and got a fefund of £37.32 . That was ok then a couple of weeks later we got a demand from ZINC debt collectors for £2062.00 . When we contested it we were told not to worry etc. So we let it go . Today we got a debt collection letter from BW LEGAL for £2062.00 . I immediately took to Twitter and once again they admitted there had been a mistake .BW LEGAL have now confirmed the debt is no longer "Active" but how far could it have gone if we had rolled over and paid their outrageous demand ?
  • fishpond
    fishpond Posts: 1,022 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Kolokial wrote: »
    Hello all!

    Long story short, my wife and I will hopefully be moving into a rented property in a few weeks and I've just been reviewing the tenancy agreement and noticed the following clause:



    Now like any good money saver, I've been doing my homework on Spark Energy and it would appear that they are not the cheapest out there.

    So my question is; can I be charged for exiting a tariff that I don't really want to be apart of, but have little choice in agreeing to?
    Ask to have it removed from the contract, before you sign.
    I am a LandLord,(under review) so there!:p
  • Kolokial
    Kolokial Posts: 60 Forumite
    Thank you all for your responses. Apologies for the delay, it's been a roller coaster of a month!
    fishpond wrote: »
    Ask to have it removed from the contract, before you sign.

    Sounds good, but what do I do if they say no?
    When someone calls you, you don't need to confirm a damn thing. The person who called you however, could be anyone.
  • Kolokial
    Kolokial Posts: 60 Forumite
    Annabee wrote: »
    Is the agency Connells by any chance?

    Nah, it's Leaders. Yes, I also am assuming there's some sort of kickback.
    When someone calls you, you don't need to confirm a damn thing. The person who called you however, could be anyone.
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