Are EON in breach of contract for not fitting a smart meter?

stew1802

I signed up with EON to supply my gas and electricity last April and part of the T's and C's stated we had to agree to having their smart meters installed in order to get the "cheaper" online tariff. I explained to them that I already had Utilita smart meters that were installed by White Rose Energy but EON said they'd have to be upgraded with new software so they could read them. Now I'm almost at the end of my contract with EON and they still haven't done anything about the meter upgrade so I'd like to know if they're in breach of contract. The only explanation from EON is they're having difficulty getting the software upgrade but I feel they should've just fitted their own smart meters instead.

dinora

           

Streaky_Bacon

If you enter into a contract for X, and the other party fails to provide X, then your loss includes the cost of getting somebody else to provide X to you. So, if you entered into a contract for to have the meter upgraded/installed, you would be able to get somebody else to upgrade/install one for you and charge EON for the cost of doing so.

However, it would seem unlikely that a court would decide that the intention of you or EON was for the installation/upgrade of a new meter to be a term of the contract that you could enforce. Instead it would seem to be a right that EON could choose to enforce if they so wished.

It would be similar to you entering into a contract with Asda, which included free deliveries on Sunday, and then Asda suing you because you didn't book any Sunday deliveries.

JJ_Egan

Breach of contract ?? OP what is your intention  to cancel this contract or something else .

matelodave

stew1802 said:

I signed up with EON to supply my gas and electricity last April and part of the T's and C's stated we had to agree to having their smart meters installed in order to get the "cheaper" online tariff. I explained to them that I already had Utilita smart meters that were installed by White Rose Energy but EON said they'd have to be upgraded with new software so they could read them. Now I'm almost at the end of my contract with EON and they still haven't done anything about the meter upgrade so I'd like to know if they're in breach of contract. The only explanation from EON is they're having difficulty getting the software upgrade but I feel they should've just fitted their own smart meters instead.

Most people are whinging and whining because they have to have a smart meter rather than because they haven't been given one or it hasn't been upgraded - funny old world

JohnB47

stew1802 said:

I signed up with EON to supply my gas and electricity last April and part of the T's and C's stated we had to agree to having their smart meters installed in order to get the "cheaper" online tariff. I explained to them that I already had Utilita smart meters that were installed by White Rose Energy but EON said they'd have to be upgraded with new software so they could read them. Now I'm almost at the end of my contract with EON and they still haven't done anything about the meter upgrade so I'd like to know if they're in breach of contract. The only explanation from EON is they're having difficulty getting the software upgrade but I feel they should've just fitted their own smart meters instead.

You haven't said whether or not you actually got the cheaper tariff, right from the start. If you did, no problem. Best not to get a smart meter anyway, until all of the problems are sorted out - I'd say give it 20 years.

PennineAcute

Whilst I am in favour of smart meters, to sue someone, there has to be a reason.

Builders not doing a proper job on your extension leaving you with water ingress.  You could sue for that.
Slipped on a wet floor in a shop and injured yourself.  You could sue for that, too.  In both cases you would most probably win as you are out of pocket.

Not sure how you are out of pocket with E.on not installing smart meters, unless you are not on the tariff you signed up for!

Ectophile

I would be very surprised if they were in breach of contract.  You agreed that they could fit smart meters, but there would be nothing in the contract that obliged them to fit the meters.

MWT

stew1802 said:

I signed up with EON to supply my gas and electricity last April and part of the T's and C's stated we had to agree to having their smart meters installed in order to get the "cheaper" online tariff.

As long as you have been getting the cheaper tariff then no, they would not be in breach of contract, and you have no 'loss' for which to seek recompense.

bhewitson

Ive had similar problem with EON, I signed up to the contract via  MSE website which stated EON would recommend a smart meter but it wasnt compulsory.  Since switching I have been HOUNDED by EON, receiving texts, emails and letters through post.  I have replied and sent a screen shot of the T&C stating it is not mandatory but they wont leave me along....  They have now changed their tactic by sending a letter through the post saying my current meter is not safe!!! how ridiculous....I wished I had never chosen EON but Im stuck with them for another 11 months, I wont wouldnt recommend them and wont be using them again.  Not MSE fault, I use these all the time, but think this needs putting on website to say customer will be hounded.  

Retiredin2009

I've got BG smart meters that went dumb when I switched to Eon and Iv'e never had an email or letter from them about upgrading them.
I would love for them to become smart again so I didn't have to go outside to read them.