Eversmart saying my deal isn't fixed.

nxdmsandkaskdjaqd

JohnB47 wrote: »

I have lodged a complaint with them. They apparently have up to 56 days to resolve the issue or I can/will go to Ombudsman.
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JohnB47. I was told that I would get a call from a Manager within 24-48 hrs. Did you receive the same information? Have you had any reply?

nxdmsandkaskdjaqd

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.

The welcome pack does not contain the word "Fixed", but the following:

"Tariff ends on 20th August 2019
Price guaranteed until 20th August 2019
Exit fees £0.00"

To me, it means the same thing, unless someone has a legal slant on the validity of the words "Price Guaranteed"?

matelodave

nxdmsandkaskdjaqd wrote: »

The welcome pack does not contain the word "Fixed", but the following:

"Tariff ends on 20th August 2019
Price guaranteed until 20th August 2019
Exit fees £0.00"

To me, it means the same thing, unless someone has a legal slant on the validity of the words "Price Guaranteed"?

I have the same words and even the same dates, so I don't feel a need to clarify it unless or until there is a change either in my tariff or T&C's.

nxdmsandkaskdjaqd

matelodave wrote: »

I have the same words and even the same dates, so I don't feel a need to clarify it unless or until there is a change either in my tariff or T&C's.

Did you see these T&C's changes?
https://forums.moneysavingexpert.com/showpost.php?p=74981788&postcount=45

matelodave

nxdmsandkaskdjaqd wrote: »

Did you see these T&C's changes?
https://forums.moneysavingexpert.com/showpost.php?p=74981788&postcount=45

Yes, but they aren't the ones in force when I joined them and I haven't had any notification that they've changed.

That's why I'll be carefully scrutinising my bills and statements to see if they try to change them.

However as my price is "guaranteed" unti 20the August 2019 I can't see that they can impose any tariff changes until then.

JohnB47

nxdmsandkaskdjaqd wrote: »

JohnB47. I was told that I would get a call from a Manager within 24-48 hrs. Did you receive the same information? Have you had any reply?

Well, a further update on my post #37. Having not heard anything from them since using their chat system on Sunday, I used it again today. The response was, "I have looked into the above and can see we have a complaint open, case number XXXXXXXX. This is now with our resolution managers , i have chased them up today and they will be in contact shortly to resolve the complaint."

I'm expecting the contact to be by email.

I bet their view of what 'shortly' means is different to mine.

I'll keep you posted if there are any developments. I'm sure you'll do the same.

Despite what they said last Thursday, my electricity is still with Octopus (and that's part of the complaint)!

nxdmsandkaskdjaqd

I have now received a reply from Eversmart:

""""Thank you for getting in touch. I would just like to confirm that the Welcome Home tariff is variable and is subject to change at any time with 30 days notice.

I understand that this was initially quoted to you as fixed, however I am sorry to say that this was a technical error when we first launched this tariff.

I would like to offer you £10.00 credit to your account and assure you that we have taken steps to ensure this does not happen again."""

I have replied that any change to charges would be a breach of contract.

gardner1

"this was a technical error".......but you do wonder why it took them so long to change it.......some might say they didn't to gain more customers;)

JohnB47

nxdmsandkaskdjaqd wrote: »

I have now received a reply from Eversmart:

""""Thank you for getting in touch. I would just like to confirm that the Welcome Home tariff is variable and is subject to change at any time with 30 days notice.

I understand that this was initially quoted to you as fixed, however I am sorry to say that this was a technical error when we first launched this tariff.

I would like to offer you £10.00 credit to your account and assure you that we have taken steps to ensure this does not happen again."""

I have replied that any change to charges would be a breach of contract.

Hmmmm. Looks like they are digging their heels in. That's exactly what I was told by the complaints dept. Now I am awiting an email from a resolution manager.I'm not sure that the response will be any different.

My current stance is to ask for their complaints procedure, which I've done. I want to know what they feel should be done by both parties in a dispute and when they think that they, Eversmart, have reached their final offer, i.e. there is deadlock. Only then can I be sure that I can refer the case to the Ombudsman.

Stratus

This post from the Economy Energy thread appears particularly relevant

https://forums.moneysavingexpert.com/discussion/5891891/economy-energy-raising-gas-unit-charge-by-88&highlight=economy+energy&page=8#145

Key point in this case may rest on the difference between Fixed and Price guaranteed until.