Advice - Cancelled in cooling off period but switch still happened - SP

k3rryb3nnett

Having some problems with Scottish Power and was just wondering if anyone could give me any advice?

Near the end of July 2017 I called Scottish Power to advise I was moving house on the 31st July 2017, I was asked if I would like to switch my new house supply from SSE to Scottish Power which I agreed to. When I moved into my new house on the 31st July 2017 I had already received a letter from Scottish Power dated the 27th July 2017 regarding my switch. I did not read this letter until I actually moved into my new house.

After some issues regarding the final bill at my previous address I decided that I no longer wanted to switch to Scottish Power. I made a phone call to Scottish Power on the 11th August 2017 to cancel my switch, the person on the telephone confirmed that the switch was cancelled and would no longer have any active accounts with Scottish Power.

Imagine my surprise when on the 16th August 2017 I receive an email to say that the switch was complete. I immediately telephoned regarding this and was told that there was nothing that could be done now and as such if I wanted to leave Scottish Power again I would have to switch to another supplier which I assume at this point will incur exit fees.

Checking my welcome pack it clearly states “if you’ve changed your mind and want to cancel your contract you must tell us within your cooling off period, which ends 14 days from the day after you receive your welcome pack." If my welcome pack was sent out on the 27th July 2017 (even though I wasn't actually able to open it until the 31st July 2017 when my purchase of the property completed) then by my calculations the cooling off period ended on the 11th August 2017, the day which I called to cancel the switch.

Do I have any rights here or am I stuck with having to pay an exit fee? Should I make a complaint? Is there anything I need to say in particular?

trickytree1963

Surprised SP tried to sign you up before you legally owned the other property. I guess SSE missed chance to object to switch as they probably thought it was the previous owner switching?

As to the cooling off period I arrived at 10th August as cut off date. Have you asked SP to listen into call where their agent said switch was cancelled?

Write to SP heading it "Complaint" and ask them to listen into call you made on 11th August.

k3rryb3nnett

trickytree1963 wrote: »

Surprised SP tried to sign you up before you legally owned the other property. I guess SSE missed chance to object to switch as they probably thought it was the previous owner switching?

As to the cooling off period I arrived at 10th August as cut off date. Have you asked SP to listen into call where their agent said switch was cancelled?

Write to SP heading it "Complaint" and ask them to listen into call you made on 11th August.

Thanks, will write a complaint! The welcome pack is dated 27th and it the cooling off period says 14 days from the day AFTER you receive your welcome pack, so the day after would be the 28th and 14 days would be up until the 11th, have I interpreted this wrong do you think? Technically I didn't even actually receive it until I moved into the house on the 31st!

I haven't recievedvany correspondence from SSE at all since moving in.

System

There are a number of issues here: not least, ignorance on the part of CS staff as to what is contained in gas and electricity supply licences. Under Standard Licence Conditions, and European Law, you have a 14 day 'cooling off' period. Provided that you can prove that you sent the supplier a contract cancellation within the 14 day period, then it is obliged to cancel the contract even if the cancellation e-mail/letter is received AFTER the cooling off period. Cancelling over the telephone is likely to result in the situation that you now find yourself in.

With 17 day switching, it is increasingly the case that if a consumer gives notice towards the end of the 'cooling off' period that the actual transfer will still go ahead. The 'gaining supplier' is however legally obliged to reverse the transfer at no cost to you.

By all means write a letter of complaint but I suggest that you also point out that SP's actions now constitute what is known as an Erroneous Transfer of Supply, and that you wish to invoke the Code which relates to this situation. I would also contact your old supplier and ask them to invoke the same Code. You may still have a fight on your hands if you cannot prove that the telephone call took place.

In future, my advice in such situations, would be to give all contract variations/cancellation in writing. .

k3rryb3nnett

Thanks very much Hengus, excellent advice!

In future I will make sure all correspondence regarding such things is in writing. I have learnt a lot the past few days about energy suppliers!