Eversmart saying my deal isn't fixed.

JohnB47

nxdmsandkaskdjaqd wrote: »

I will probably just let the communication from the Ombudsman do the work on my behalf.

The email from the Ombudsman did also say that they have to write to me with an apology for the "error" and also the poor customer service experienced. In addition, they have to provide a monetary gesture of goodwill to address the shortfalls in customer service.

Whilst I am pleased with the outcome, I fully expect to be looking for a new supplier in the coming months.

So it seems the Ombudsman has been dealing with them and has given them their decision? Sorry, I'm not sure of the process.

Anyway a good result. Let's see if I get the same response to my identical complaint with them.

System

JohnB47 wrote: »

So it seems the Ombudsman has been dealing with them and has given them their decision? Sorry, I'm not sure of the process.

Anyway a good result. Let's see if I get the same response to my identical complaint with them.

Technically, I would have thought that The EO can only advise a supplier that its policy could be in breach of SLCs. The final arbiter on SLC compliance is Ofgem: The EO is nothing more than an arbitration service which cannot force any supplier to comply with Regulations.

My advice: send a copy of The EO’s Decision to consumeraffairs@ofgem.gov.uk

MABLE

matelodave wrote: »

If they are cheap then you'd be better off putting up with the aggro and waiting till winter is over before finding another supplier.

If I jumped ship now it would cost me nigh on £100 extra between now and the end of March, even more if I went to Octopus, Bulb or one of the others with a decent customer rating.

At 11.75p (inclusive of vat) per kw for my electricity and no standing charge I am staying put until the deal finishes in April 2019.

Their website is very basic but at these prices what else can you expect.

nxdmsandkaskdjaqd

nxdmsandkaskdjaqd wrote: »

I will probably just let the communication from the Ombudsman do the work on my behalf.

The email from the Ombudsman did also say that they have to write to me with an apology for the "error" and also the poor customer service experienced. In addition, they have to provide a monetary gesture of goodwill to address the shortfalls in customer service.

Whilst I am pleased with the outcome, I fully expect to be looking for a new supplier in the coming months.

My comment about jumping ship, is because I believe that they will be going out of business shortly, just my opinion, as they will be unable to sustain the price increases in wholesale energy prices. But will stay until that happens.

Mister_G

I've just had my December bill.

They have used the readings I supplied and have charged the units and S/C at the rate agreed in the Welcome Pack. (12 month Fix)

So they have not increased my rates.

Perhaps OFGEM had a word?

JohnB47

Mister_G wrote: »

I've just had my December bill.

They have used the readings I supplied and have charged the units and S/C at the rate agreed in the Welcome Pack. (12 month Fix)

So they have not increased my rates.

Perhaps OFGEM had a word?

We can only hope so.

nxdmsandkaskdjaqd

nxdmsandkaskdjaqd wrote: »

I have now had a reply from the Ombudsman.
3. In conclusion, I am of the view that should the company amend the terms of your fixed rate contract it will be in breach of the Standard Licence Conditions as detailed above.

I have now heard from Eversmart who have apologise for the misinformation regarding the tariff and that they are correcting this by FIXING the Welcome Home Tariff.

JohnB47

nxdmsandkaskdjaqd wrote: »

I have now heard from Eversmart who have apologise for the misinformation regarding the tariff and that they are correcting this by FIXING the Welcome Home Tariff.

Excellent result. Thanks for letting us know.


Good for those who accepted a variable Welcome Home tariff too.


Lets hope the company keeps trading!

Innocent_Bystander

So, I've read through most of this long thread, and got thoroughly confused.
I have been on the Northern Glory tariff since June. I discovered from my latest invoice that my rates had been increased - by about 47% overall by my calculation (gas & elec, inc standing charges).
I also received no advance notification.
My welcome pack says Price guaranteed until 8th May 2019.
After complaining I received the reply about the tariff being variable:
"I can see that you are currently on the Northern Glory Tariff which is no longer available, and as it was always a variable tariff, Eversmart have since taken it off the market. I completely understand that your frustration is with the Welcome Pack which stated that the rate was guaranteed, however, although this error was suggestive, it is not a binding contract and the statement that Eversmart are entitled to change these rates at any time are within the terms and conditions."
They offered me £20 compensation for the "error in the Welcome Pack".
So, should I cut my losses and get out (costing about £120 extra on current deals, compared to my 'fixed' deal), or stick to my guns and pursue my complaint with Eversmart, OFGEM, Ombudsman?

JohnB47

Innocent_Bystander wrote: »

So, I've read through most of this long thread, and got thoroughly confused.
I have been on the Northern Glory tariff since June. I discovered from my latest invoice that my rates had been increased - by about 47% overall by my calculation (gas & elec, inc standing charges).
I also received no advance notification.
My welcome pack says Price guaranteed until 8th May 2019.
After complaining I received the reply about the tariff being variable:
"I can see that you are currently on the Northern Glory Tariff which is no longer available, and as it was always a variable tariff, Eversmart have since taken it off the market. I completely understand that your frustration is with the Welcome Pack which stated that the rate was guaranteed, however, although this error was suggestive, it is not a binding contract and the statement that Eversmart are entitled to change these rates at any time are within the terms and conditions."
They offered me £20 compensation for the "error in the Welcome Pack".
So, should I cut my losses and get out (costing about £120 extra on current deals, compared to my 'fixed' deal), or stick to my guns and pursue my complaint with Eversmart, OFGEM, Ombudsman?

Well, it seems pretty clear to me. Eversmart simply can't agree a fixed price deal and then later say it was 'suggestive' and is not a binding contract. I would be very surprised if any company was able to succeed in saying that they could simply undo such an agreement later, if they chose to. Any such claim in their Ts&Cs would surely be deemed unreasonable and therefore not valid.

They're just hoping you'll give in and accept. (Actually the 'compensation' has gone up - we were offered only £10, so they must be getting more desperate.)

My advice is to do as some of us have done - those who were similarly offered a guaranteed price deal called Welcome Home and that is to complain to Eversmart firstly, then refer the case to the Ombudsman. You may also think it's worthwhile contacting OFGEM, as a couple of us did. When I contacted OFGEM, they asked me for further details, which showed that they were at least interested.

Eversmart will probably not respond to your complaint in any way timely, so I would give it a week or two and then refer it to the Ombudsman (even though you won't have received a deadlock notification - I certainly didn't, they just ignored me). Remember to also refer to the Ombudsmans response and that of Eversmart themselves to the identical problem with the Welcome Home deal, as mentioned in posts #171 and #188 of this thread. Mention this to both Eversmart, during your complaint and to the Ombudsman.

The precedent has been set.