Spark Energy switched without consent

Ant174

A couple of weeks ago I receied a not-so 'welcome letter' from Spark addressed to "The Occupier" saying that:

"As instructed by your letting agent on your behalf, we've been appointed as the gas and eletricity supplier to your property."

So here's the issue: Firstly, we have no landlord because we own our own property and have done for over seven years. Secondly, we had no intentions of even switching supplier as we were quite happy with our fixed term deal with our current supplier, which had another year to run.

Better still, this letter is dated 12th April, and it claims "Good news! You electricity supply went live on 12 April and your gas will go live on 24th". Not such good news. And where was the 14 day cooling off period during which time I could have taken some action to stop this at the outset? The first notification I get that my energy has been switched is a welcome letter on the day of the switch.

So I contacted our current supplier and they confirmed that we had been switched. I raised an Erroneous transfer with them and they said they would liase with Spark. I also email Spark customer services, both the email given on MSE as well as the one from the un-welcome letter. To be fair they both responded saying that they will raise the ET and try to cancel the switch. If only for a moment I had peace of mind that this issue was being sorted.

Rest of the week I hear no more from Spark, then today I get a letter from my ex-current provider stating that Spark "has rejected the proposal to return your supply back to us." and that we need to liase with Spark. But as it's a weekend I can't get through to anyone. And I don't have the time during the week for this. So I'm sitting here stressing about how to proceed and trying to anticipate the hurdles that I'm quite likely to face on this issue.

I would like to know how this has happened. How can someone claim to be a landlord and switch my energy, and how can the energy company refuse to cancel? As far as I can tell I have no contract with Spark as I have received no written contract from them. This whole fiasco appears to be totally underhanded and legally questionable. I do wonder who Spark have the contract with.. the supposed 'landlord', or myself. If it's the former then I wonder who will be paying the bills. If it's the latter, then why are Spark taking instructions from a third party on my behalf?

What concerns me, of course, is that since I am not the account holder (I assume, as I am 'The Occupier' as opposed to the mythical Landlord), will they even deal with me when I try calling them next week? They responded to my initial emails. Although now they seem to have stopped.

I suppose as a last resort I can give it 28 days and then switch to a new supplier, but in doing so I will not only lose my current deal, but will be liable for a month's energy from Spark, which I resent paying for.

The worrying thing about all this, is that it seems that anyone can go around setting up and switching energy supplies to anyone's house. Without consent, or without even a legitimate right. I may as well walk up someone's driveway, wash their car without their consent and then bill them for my services. It amounts to the same thing. There are no checks done to confirm that the applicant has the authority to make the switch. It's madness.

This is a stress that I don't need at the moment. So any advice would be greately appreciated.

lopsyfa

Your issue is similar to this thread https://forums.moneysavingexpert.com/discussion/5905280/spark-energy-switched-without-my-permission

May the response there will be useful to you.

Ant174

Thanks lopsyfa.


I've already seen that thread, and have tried going through the same routes to resolve this issue. But to no avail. The OP in that thread had the issue resolved after contacting Spark via their MSE rep. I've gone through this route already, and initially it seemed promising. However, unlike the OP in that thread, after a helpful start from them, I've now had a refusal from Spark to honour the Erroneous Transfer protocol, and so I am now stuck with them, it seems. I can sense, already, that this is not going to be a simple issue to resolve.


I'm also awaiting a response from Citizens Advice on this issue too.


I'll attempt to call Spark next week and at least ty to get an explantion of what is going here. Failing that, I'll try a written complaint to Spark, and then take it to the Ombudsman.


Can't believe this really. It amazes me that out of the blue, you can get dropped in to this sort of situation, and left to fight for a way out.

Biscuit_Tin

Ant174 wrote: »

A couple of weeks ago I receied a not-so 'welcome letter' from Spark addressed to "The Occupier" saying that:

"As instructed by your letting agent on your behalf, we've been appointed as the gas and eletricity supplier to your property."

So here's the issue: Firstly, we have no landlord because we own our own property and have done for over seven years. Secondly, we had no intentions of even switching supplier as we were quite happy with our fixed term deal with our current supplier, which had another year to run.

Better still, this letter is dated 12th April, and it claims "Good news! You electricity supply went live on 12 April and your gas will go live on 24th". Not such good news. And where was the 14 day cooling off period during which time I could have taken some action to stop this at the outset? The first notification I get that my energy has been switched is a welcome letter on the day of the switch.

So I contacted our current supplier and they confirmed that we had been switched. I raised an Erroneous transfer with them and they said they would liase with Spark. I also email Spark customer services, both the email given on MSE as well as the one from the un-welcome letter. To be fair they both responded saying that they will raise the ET and try to cancel the switch. If only for a moment I had peace of mind that this issue was being sorted.

Rest of the week I hear no more from Spark, then today I get a letter from my ex-current provider stating that Spark "has rejected the proposal to return your supply back to us." and that we need to liase with Spark. But as it's a weekend I can't get through to anyone. And I don't have the time during the week for this. So I'm sitting here stressing about how to proceed and trying to anticipate the hurdles that I'm quite likely to face on this issue.

I would like to know how this has happened. How can someone claim to be a landlord and switch my energy, and how can the energy company refuse to cancel? As far as I can tell I have no contract with Spark as I have received no written contract from them. This whole fiasco appears to be totally underhanded and legally questionable. I do wonder who Spark have the contract with.. the supposed 'landlord', or myself. If it's the former then I wonder who will be paying the bills. If it's the latter, then why are Spark taking instructions from a third party on my behalf?

What concerns me, of course, is that since I am not the account holder (I assume, as I am 'The Occupier' as opposed to the mythical Landlord), will they even deal with me when I try calling them next week? They responded to my initial emails. Although now they seem to have stopped.

I suppose as a last resort I can give it 28 days and then switch to a new supplier, but in doing so I will not only lose my current deal, but will be liable for a month's energy from Spark, which I resent paying for.

The worrying thing about all this, is that it seems that anyone can go around setting up and switching energy supplies to anyone's house. Without consent, or without even a legitimate right. I may as well walk up someone's driveway, wash their car without their consent and then bill them for my services. It amounts to the same thing. There are no checks done to confirm that the applicant has the authority to make the switch. It's madness.

This is a stress that I don't need at the moment. So any advice would be greately appreciated.

What basis, if any, was given by your supplier for the new supplier refusing the ET?

Why did your supplier not alert you as soon as they were aware by receiving notification from the new supplier that they were initiating a switch? This is normally done via a 'sorry you are leaving' notification. They don't have to, but their failure has allowed this matter to escalate to the state it is now in, and such failure could ultimately be considered a shortfall in their customer service to you.

If you are unhappy with the response you have received from your supplier (who was it, anyway?) then I suggest you follow their complaint procedure, escalating the matter to the ombudsman at the appropriate point if necessary. If things are as you say, then I am sure the ombudsam will eventually order that you are returned to your supplier of choice, and remain on the fixed tariff you previously agreed with them.

As you are probably aware, when a ET occurs, you will be put back into the same situation you would have been in had the ET not occurred.

You will pay for all the energy you consume to the original supplier. Hopefully the supplier will continue to collect monthly DD's for this tariff, but if not whilst this is resolved, do put the money aside to repay them later.
Do not pay the new supplier any money, as you say you have not formed any contract with them, and that seems correct as the new supplier does not seem to know your name (at least at the time they first wrote to you, but you probably gave it to them when you subsequently contacted them)

Whilst you do have the choice of which supplier to complain to, I would always recommend it is to your supplier of choice because:
(a) they are your supplier of choice, and
(b) they have more to gain by sorting this mess out (i.e. your continued custom)

This advice is in line with that of the CAB on ETs
https://www.citizensadvice.org.uk/consumer/energy/energy-supply/problems-with-your-energy-supply/youve-been-switched-to-a-new-energy-supplier-without-your-agreement/

Ant174

Thanks Biscuit Tin,

You make good points. Our original supplier wrote to us to explain that the ET had been rejected. They did not give a reason. I'll chase this up next week and get an explanation from them. You're right, and I thought the same, that if they want our continued custom that they help us to sort this out.

Regarding notification of the switch from our original supplier (Co-op), as all our correspondence with them comes via email we received no 'sorry you're leaving' letter through the post. However, after rifling through our emails we did find a notification. It came a week after a standard looking 'send us your meter readings' email (we were due to provide readings anyway so this raised no suspicion).

It was only sent about 24 hours before the electricity was actually switched, which in any case, was too short notice as we were away at the time anyway and could not have taken much action. We only discovered it on the day we got the welcome letter, which was only a week later.

Incidentally, when we initially contacted our original supplier, they did say that the ET could possibly be rejected, but that in our favour, strangley, Spark hadn't requested any meter readings from them.

As for giving my details to Spark, I have remained anonymous in my correspondence for the very reason of stopping them applying a name to the account and forming a contract.


I've already seen the CAB webpage on ETs. I'll be following their guidlines. But I'm just trying to research this issue from every angle, so any advice on this matter is greatly appreciated.

Benight

Ant174 wrote: »

...

So I contacted our current supplier and they confirmed that we had been switched. I raised an Erroneous transfer with them and they said they would liase with Spark. I also email Spark customer services, both the email given on MSE as well as the one from the un-welcome letter. To be fair they both responded saying that they will raise the ET and try to cancel the switch. If only for a moment I had peace of mind that this issue was being sorted.

....

Ant174 wrote: »

...

As for giving my details to Spark, I have remained anonymous in my correspondence for the very reason of stopping them applying a name to the account and forming a contract....

Really? :cool:

Spark_Energy:_Jenny wrote: »

Hi The Occupier

Sorry to hear about this.

It's strange this has happened if you are a property owner, and if you're not letting the property out via one of the Letting Agents that we work with.

It does sound like this is an Erroneous Transfer.

In order for me to look into this, I'd need you to email the address given in my profile, confirming the full supply address.

For the purposes of raising an Erroneous Transfer, we would need to know your name as shown on your account with Scottish Power, and this would be the only reason that we used it. We need to provide a name with the Erroneous Transfer, otherwise your rightful supplier likely won't accept the request to send the supplies back.

I'm not able to locate an email based on the first line of your address, so any information you can provide via the email address on my profile would be very much appreciated.

Kind regards

Jenny
Customer Relations Team

(My highlighting)

Ant174

Thank you Benight,

I take your (implied) point. Firstly, yes I am aware that an energy supplier can form a 'deemed' contract with an unnamed person. I appreciate that. But at the outset it seemed wise to mantain anonymity until the process was underway. Afterall, they needed no name to set up the account in the first place, it seems.

Secondly, they had every opportunity to request my name, which they didn't. I would have provided it had it been necessary.

But ultimate, the ET reversal wasn't refused by our original supplier. It was refused by Spark themselves. Perhaps they did need a name, but they never asked for one. In any case, as our original supplier submitted an ET directly with Spark, it was them that received the news that Spark were rejecting the ET. I interpret this as Spark refusing Co-op's ET request.

Former Spark Representative

Hi Ant174

Did I deal with you personally or was it picked up by one of my colleagues in the Customer Relations team?

Please email the address given in my profile, FAO Jenny, and confirm your full name and supply address. I can have a look at this.

Kind regards

Jenny
Customer Relations Team

Ant174

Hi Jenny,


The original email was picked up by one of your collegues. I have emailed you directly now with the details requested.


There has been nothing but silence from Spark since the initial ET was raised. Only a letter from Co-op stating that the ET was rejected by Spark. No reasons given.

Former Spark Representative

Hi Ant174

Thanks so much for getting back to me. I've responded to your email, I've got good news, and I'd be really grateful if you could get back to my email when you've got a moment.

I'll keep an eye out for any responses coming through.

By the way, if you want me to phone you, just confirm your phone number in your next email.

Kind regards

Jenny
Customer Relations Team

Benight

Glad to hear that this issue has now been resolved to satisfaction of OP :T

https://forums.moneysavingexpert.com/showpost.php?p=75775389&postcount=9