Utility Point - Beware

zxc99

There is something seriously wrong going on at Utility Point. I am in the middle of switching to them but am now backing out as I cannot get any contact with them whatsoever. They have not answered any emails, they do not answer the phone and their chat line is disconnected.  Oddly, I sent them yet another email today telling them that under the 14 day cooling off rule I was cancelling the direct debit that was to be set up. Now my bank has told me the DD mandate has suddenly just appeared on my account - but fortunately I have stopped it before they took first payment.  Not sure what happens now but they have a fight on their hands if they try to ask me for money - technically I am still with the old supplier. Interesting situation.

bristolleedsfan

villabadger66 said:

This 'new' company tell me I have agreed to a new 12 month contract even though the UP contract is up for renewal in the summer.

Neon Reef variable rate tariff with no exit fees rates are virtually identical to its 12 Month fixed rate with exit fees

munnymizer

Like other ‘electricity only’ customers, I was unexpectedly advised on 27th January by UP that I was being transferred to Neon Reef with effect from 1st Feb.  Both UP and Neon Reef Customer Service were contacted via eMail asking for this action to be cancelled. My main concern was that neither company has advised me what the proposed new tariffs/Terms & Conditions would be! It’s now been over 10 days and heard nothing.

This kind of situation has obviously occurred previously as Citizens Advice has a link to cover this situation. As a Newbie I can't post a link so search for 'youve been switched to a new energy supplier without your agreement'.

UP's Clause 22.1 in their standard Terms & Conditions is unlikely to allow them to cancel an existing contract and to transfer it to another legal entity without the customer’s consent. But if the Neon Reef conditions were so much better than the existing UP contract why didn't they give reasonable notice. Anybody have a view on this?

UnclaimedEnergy

Most, if not all suppliers will have a similar clause which will essentially allow them to sell of their customer base.

Bulb for example: "18.2 - We can transfer any or all of our rights and responsibilities under the agreement (including the right to receive any payments due to us) to another person without your permission, as long as they have all the necessary licences and approvals from Ofgem or other industry bodies. We will tell you in writing if this happens."

I'm not sure how much notice would need to be given in terms of letting you know that you're being moved to another supplier. As there's been no formal announcement I wouldn't expect this to be formal and to the book.

If there was a tariff increase involved then you should had received reasonable notice which is normally about a month.

Shedman

My interpretation would be the ' rights and responsibilities' includes the 'responsibility' that if they transfer to a new provider without your consent then that new provider should continue to provide the supply under the same (or better) terms (eg tariff, period of fix etc) as your were on with the transferring company.   I doubt if it is acceptable under contract law to get out of your contractual obligations by transferring to whoever you like regardless of what they might then charge the customer.  In my experience this sort of situation (ie transfer a contract to a third party) would normally be dealt with through a novation clause which does require customer consent.  

Bacman

UP has bad feedback. NR and UP have the same directors and both at Merck House, so probably the same staff?

Looks like, as a guess, UP are transferring their customers internally to NR, presumably as NR have a "cleaner slate" on feedbacks? "Buyer beware" maybe to those looking to move to them perhaps??

munnymizer

Thanks for the responses. I guess I just have to wait and see what I end up with. As someone who has experience of contracts and related law, I'm surprised that such a one sided and flexible clause is considered to be reasonable....but I suppose customers have no option but agree to it!

jemima82

I received the email re Utility Point switch to Neon Reef (elec only customer, in credit) and assumed it was an erroneous transfer in lieu of any proper information!

When I emailed them to say I had not requested a switch, Neon Reef came back to say it was all fine, they would take over on a cheaper tariff.

Switch occurred at the start of February. At the start of March I received a read request from UP. Today I have a statement from UP:

starting credit balance of £44ish
direct debit payment £79.55
dd payment ‘adjusted’ -£79.55
new bill £60ish
*debit balance £15ish*!

I have emailed them to ask where the £79.55 dd payment has been allocated. They have also calculated the bill on the UP (fixed until summer) tariff instead of the cheaper Neon Reef figures.

the crappy NR site shows no bills, only that the switch occurred Feb and next DD is due at the start of April.

at this point I would like to cancel the Direct Debit mandate and begin the switch elsewhere, but I fear charges/being left in credit that I can’t get back.

very frustrating - just leaving this here for anyone else searching the topic 

bubieyehyeh

I'm not sure if you haven't had any bills, but the bills are slightly hidden in the portal, under invoices in the menu on top right of portal. However I noticed my March direct debit had not appeared on the website after a week, and queried it and they said it would be added shortly, so it maybe they have some billing issue.