Commercial property energy nightmare

jackof1trade

Another question…should the guy at Bionic have gone ahead and sold me a contract with EDF? I told him I’d just taken out a contract before I called him and was planning to cancel with the 14 day cooling off period- surely he should have known there isn’t a cooling period?

MWT

jackof1trade said:

Another question…should the guy at Bionic have gone ahead and sold me a contract with EDF? I told him I’d just taken out a contract before I called him and was planning to cancel with the 14 day cooling off period- surely he should have known there isn’t a cooling period?

You told him you had a 14 day cooling off period, he is not privy to the terms of your contract, so no, he was under no obligation to question your assertion.

Need to change the mindset once you switch to business not domestic, other people are not obliged to look out for you, you are presumed to be knowledgable and capable in all areas.

They cannot lie to you, and there are details they must disclose, but if you assert you are cancelling within a 14 day cooling off period then he had no obligation to challenge what you have told him.

theoretica

You have asked the first energy provider if you can cancel in the cooling off period - and been told there isn't one.  Worth asking the second energy provider too if you can cancel as you have messed up - if you don't ask they definitely won't say yes.

jackof1trade

MWT said:

jackof1trade said:

Another question…should the guy at Bionic have gone ahead and sold me a contract with EDF? I told him I’d just taken out a contract before I called him and was planning to cancel with the 14 day cooling off period- surely he should have known there isn’t a cooling period?

You told him you had a 14 day cooling off period, he is not privy to the terms of your contract, so no, he was under no obligation to question your assertion.

Need to change the mindset once you switch to business not domestic, other people are not obliged to look out for you, you are presumed to be knowledgable and capable in all areas.

They cannot lie to you, and there are details they must disclose, but if you assert you are cancelling within a 14 day cooling off period then he had no obligation to challenge what you have told him.

The lack of a 14 day cooling off period wasn’t part of my contract- it’s legislation for business contracts. I didn’t know that as a new business owner, but a broker selling contracts to business customers surely should? I agree with changing the mindset- I will have to learn. 

jackof1trade

theoretica said:

You have asked the first energy provider if you can cancel in the cooling off period - and been told there isn't one.  Worth asking the second energy provider too if you can cancel as you have messed up - if you don't ask they definitely won't say yes.

True. I’ve emailed giving them the whole picture of my mess up- they haven’t replied as yet.

MWT

jackof1trade said:

The lack of a 14 day cooling off period wasn’t part of my contract- it’s legislation for business contracts. I didn’t know that as a new business owner, but a broker selling contracts to business customers surely should? I agree with changing the mindset- I will have to learn. 

You misunderstand, there is no legally enforced 14 day cooling off period for business contracts, but that doesn't stop a company from offering a cooling off period if they want to.

So if you say you intend to cancel an existing contract under a cooling off period then he is perfectly entitled to take you at your word.

He is not in a position to offer you advice about a contract you have entered into with a different supplier...

Sure, it would have been nice if he had at least queried it with you, but he has no duty of care towards you in respect of a contract with a 3rd party.

jackof1trade

Quick update. I rang Bionic, the brokers who set me up with the EDF contract. I explained the situation and she offered to cancel the contract with them…there and then with nothing to pay, I was so relieved I could have cried.
Rang the other broker to chase up the voice recording and she told me it would probably be Monday- in the mean time their Direct Debit has gone through. 

victor2

Well done. Must be a great relief! 

jackof1trade

victor2 said:

Well done. Must be a great relief! 

Not half. I’ll be even more relieved when the confirmation email comes through that she promised me….several hours ago!

MWT

Excellent news, lets hope there is a flaw in the original contract as well so you can start again and find a decent deal this time.