Mistaken forced Spark Energy supply

molerat

AdamGr33n3n3rgy wrote: »

Just to clarify further. I am not on a legally binding contract with Spark. I own the home and I am not a tenant, and Outlook Estate Agency have nothing to do with my home.

All totally irrelevant.

You are legally in a binding deemed contract with the supplier who was supplying energy to that property and the previous occupant be they a tenant or owner. There is no argument over this, it is in the energy acts. You need to contact that supplier at the time of you regaining occupancy or control, set up an account in your name then start the switch to a supplier of your choice. If the incumbent supplier knows the previous tenant / owner / occupier has left and there is no new account set up they have the right to reject any switch until the "new" occupier sets up an account with them. This is where, as we see regularly on here, it all / you went wrong. If your agent switched to Spark once the previous occupant left the above still stands and your argument is with them and not Spark.


https://www.legislation.gov.uk/ukpga/1989/29/schedule/6/crossheading/deemed-contracts-in-certain-cases

3(1)Where an electricity supplier supplies electricity to any premises otherwise than in pursuance of a contract, the supplier shall be deemed to have contracted with the occupier (or the owner if the premises are unoccupied) for the supply of electricity as from the time (“the relevant time”) when he began so to supply electricity.

(2)Where—

(a)the owner or occupier of any premises takes a supply of electricity which has been conveyed to those premises by an electricity distributor;

(b)that supply is not made by an authorised supplier; and

(c)a supply of electricity so conveyed has been previously made by an electricity supplier,

Cardew

AdamGr33n3n3rgy wrote: »

Hi there,

Thanks for your message Cardew.

Just to clarify further. I am not on a legally binding contract with Spark. I own the home and I am not a tenant, and Outlook Estate Agency have nothing to do with my home. I have learnt that they thought I was a tenant with the agency and blocked my supply with a different provider I set up, but I am not on any tenancy contract with Outlook, and I have had this confirmed by the Agency. I have learnt that they blocked my supply with electric and not gas for some reason.
They did have a contract on the tenant that was here for 3 years while I was the landlord, although Spark told me the tenant managed to go with a different provider. It might be that Outlook misinformed Spark, or that Spark assumed that the ending of the rental tenancy was leading in to a new one. When I called Spark I was told by them this was a mistake and they would move me back, but again they stopped this without informing me.

I will try once more.


Everyone moving into a property, who uses any gas/electricity, has entered into a legally binding deemed contract with the energy company who supplied that gas/electricity.


There are many thousands of owners(including myself), who move back into their own property after renting it out, who are automatically on a deemed contract with the existing supplier. i.e. they have to pay that company for any gas/electricity used during the period before they switch. It makes no difference if you are an owner or tenant.



You were on a deemed contract with Spark; who do you think would pay for the energy you used before you switched supplier?