Eversmart saying my deal isn't fixed.

gardner1

nxdmsandkaskdjaqd wrote: »

I spoke to Eversmart this morning and explained that I have a “Price guaranteed until 5th August 2019” as stated in the provided Welcome Pack from the company. The representative was insistent that this was a Variable tariff, but was unable to state where in the contract the term variable was quoted. A complaint is being raised and a Resolutions Manager will be in contact within the next 24 to 48 hrs. (I won't hold my breath).

I confirmed that we have a contract with a “Price guaranteed until 5th August 2019”, any deviation from this would result in a Breach of Contract.

We await further contact!

I wasn't going to contact them but thought i might as well get in early.......i got the excuse of mistake in welcome pack etc. When i mentioned that the tariff was on sale for a long time and surely they must have had people emailing/phoning them to check......I ended up with the "Resolutions Manager will be in contact soon"

merchcon55

There are ways of seeing what web pages looked like on certain days - I'm not techie - cached pages perhaps it is called.

Perhaps someone else could offer input - but what you need to do is try to find the company web page from the date you signed that shows the tariff.

If you can find that - together with the screenshot shown earlier - forget the damn ombudsman. Send a 7 day LBA and then take them to small claims for breach of contract. Mind you - it could take a long time to get resolved that way.

In any welcome email is there a T+C PDF attached?? If yes, did you download onto your harddrive?This would be most useful.

JohnB47

merchcon55 wrote: »

There are ways of seeing what web pages looked like on certain days - I'm not techie - cached pages perhaps it is called.

Perhaps someone else could offer input - but what you need to do is try to find the company web page from the date you signed that shows the tariff.

If you can find that - together with the screenshot shown earlier - forget the damn ombudsman. Send a 7 day LBA and then take them to small claims for breach of contract. Mind you - it could take a long time to get resolved that way.

In any welcome email is there a T+C PDF attached?? If yes, did you download onto your harddrive?This would be most useful.

I've just checked. I only ever received a Welcome Pack from them. But here is a couple of links to their Terms and conditions. The first one has a link to the second. (I thought I'd give the first one too, 'cos it gives more validity to the second, which doesn't have any Eversmart logos etc):

https://www.eversmartenergy.co.uk/index.php/Terms

https://www.eversmartenergy.co.uk/assets/pdf/NEW_TCs.pdf

Stratus

The terms and conditions are recently updated. Downloading the file this morning it shows a creation date and time of 14:17 yesterday (the 29th).

They make for comical reading

3.3 We will not increase the tariff you pay under your fixed contract for the duration of the contract unless your contract changes – see section 19.

19. Changes to your contract

19.1 We can change your contract at any time.

nxdmsandkaskdjaqd

Stratus wrote: »

The terms and conditions are recently updated. Downloading the file this morning it shows a creation date and time of 14:17 yesterday (the 29th).

Anyone with a copy of the contract relating to a few months ago?

Stratus

Google has cached it here:

https://webcache.googleusercontent.com/search?q=cache:MxaBNkJ_8scJ:https://www.eversmartenergy.co.uk/terms-and-conditions.php+&cd=1&hl=en&ct=clnk&gl=uk&client=safari

Bendo

I wouldn't worry, the fact it shows as fixed price in the welcome letter is a material clause, they cannot vary that as others have found out recently.


At this stage, there is no point in doing anything unless they do attempt to increase the price.

matelodave

The main thing is to download and save the welcome pack and T&C's that were current at the time you signed up with them.

The latest T&C document (29th October 2018) is much more detailed than the previous one.

JohnB47

Bendo wrote: »

I wouldn't worry, the fact it shows as fixed price in the welcome letter is a material clause, they cannot vary that as others have found out recently.


At this stage, there is no point in doing anything unless they do attempt to increase the price.

Is there some sort of precedent?

Stratus

Economy Energy

https://forums.moneysavingexpert.com/discussion/5891891/economy-energy-raising-gas-unit-charge-by-88&highlight=economy+energy#topofpage