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British Gas removes guarantee dates from SoLR tariffs...

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  • I just came here to say that I've experienced the exact same thing with my switch from Bristol Energy (Together Energy). Our original "contract" email stated a "price guarantee" until March 31st 2023, yet was also specified as a variable contract. I phoned to confirm "what exactly was being guaranteed" on Feb 4th and was told that the both tariffs (dual fuel) were indeed "price guaranteed" and the information on the website (where it said "not applicable") was incorrect and would be "updated" once my account takeover had been completed. (This was a "special welcome tariff" that wouldn't be offered to normal customers.)

    When this never happened I phoned back on Feb 24th to question the tariffs again and the customer service representative still couldn't clarify, despite being on the phone for close to an hour. (On their view, both tariffs still said "price guarantee until...") This employee was clearly aware of the blatant misinformation and aware how annoyed people would be. They even implied that the correct solution would be to send a contract "correction" to all people affected and would try to push for this action. (This has obviously not happened.) They also stated that I was far from the first person to have called regarding this issue, so it is obvious that British Gas were well aware of the misinformation.

    I also note that I was informed of the price increase by email on Friday March 4th, i.e. less than 30 days from April 1st, on which the price rise takes place. If the tariff is indeed variable then why aren't they adhering to the minimum notice period, as stated in their own contract?

    As mentioned by others, I certainly wasn't convinced that the tariff price was fixed from the outset, but sought clarification on the matter for over a month and didn't receive any. It amazes me to find out that British Gas have repeatedly made this mistake. Surely they have a legal team who go through contracts with a fine toothed-comb before sending them out? If not, it makes me think that it was a deliberate ploy to confuse people so that they won't consider switching until the rises are enacted.

    Has anyone gone to the press with this story? Given the impending cost of living crisis I would imagine they would be very interested in how well those companies entrusted with taking over failing supplies are doing. What irks me most is the clear misinformation on all fronts and the complete disregard with taking any meaningful action to rectify it. (Perhaps they don't want to admit liability.) At this time people really need clear, accurate, and timely information. I do imagine that many would have pushed harder to look for better alternatives if it was immediately clear that nothing about the prices stated in tariffs within the contract were guaranteed. (Other than being subject to the price cap.)
  • For reference, I was also fobbed off when making a formal complaint to British Gas. (They had the cheek to talk about the rise in wholesale gas prices and the Russia/Ukraine conflict to make it sound like they were the victims.) Next step, the ombudsman I guess.
  • Legally the BG contract contained two contradictory clauses: "The Tariff is Variable" and "The price is fixed to dd:mm:yy end date". Only one of these can be true.

    I am of the opinion that a Court of Law would require the enforcement of the clause which was beneficial to the plaintiff, not the defendant.
  • For reference, I was also fobbed off when making a formal complaint to British Gas. (They had the cheek to talk about the rise in wholesale gas prices and the Russia/Ukraine conflict to make it sound like they were the victims.) Next step, the ombudsman I guess.
    See this thread also https://forums.moneysavingexpert.com/discussion/6332617/british-gas-welcome-to-british-gas/p10 
  • See also the post from @nobby1963 on page 239 of the Neon Reef thread, 10th March, for yet another example.
  • BobT36
    BobT36 Posts: 594 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    edited 11 March 2022 at 12:55AM
    Legally the BG contract contained two contradictory clauses: "The Tariff is Variable" and "The price is fixed to dd:mm:yy end date". Only one of these can be true.

    I am of the opinion that a Court of Law would require the enforcement of the clause which was beneficial to the plaintiff, not the defendant.
    Indeed. This is clearly big biz mis-selling by using beneficial hooks & large-text to form a contract, with explicit dates, then trying to put a mini-get out clause in the small print, essentially "what I sez goes". 
    Happy to have a "contract" and "guarantee" while it benefits them (hooking in customers), but then rescind on it as soon as it doesn't benefit them anymore. Surely that's not how "contracts" work and just because one side is big biz, that shouldn't allow them to get out of it scot free. 

    If the customer has done their due diligence by contacting and clarifying and being explicitly told one thing ("Guaranteed", which a reasonable person would understand to mean the price would stay as-is and be honoured no matter the circumstance besides the biz going under), then it's the company acting dishonourably. 

    I'm not even a customer of British gas, I just hate people going back on their word, and big biz using their big pockets to dump on everyone else and only have ONE side of capitalism. Just like the bailouts and the rest. Moneybags benefiting either way, to the detriment of everyone else. You'd ABSOLUTELY be enforced to pay a debt if you made a bad gamble. Why shouldn't they?
      
    "Contracts" should not be only enforced on one side. This clearly wasn't a "mistake", the consistency in this "mistake" applying to multiple products, and inconsistency in communication of the reason for it afterwards, points to that. 
  • Hello

    My energy supplier went bust like many have and I was transfered to British gas. 

    I contacted British Gas after several weeks as I had no correspondence from them . 
    I was advised that I had been transfered onto a fixed rate till March 2023. I was really surprised at this and questioned them several times to which they said my rate would not increase until March. 
    A few days later a got a letter which stated I was on a variable rate. I contacted them again and asked the question regarding me rate. They assured me that I was on a fixed rate but they have called it variable as I have no exit charges and the benefits of a variable? 
    I repeated to them that this does not make sense I really needed to know if 
    1- will my rate change in April 
    2 -will my rate go up in October.
    I needed to know as i was commiting myself to I was buying a new car and needed to cancel this if I was at a variable as I didn't wasn't to get myself in a mess with money.
    The advisor assured me that I was on a fixed rate, please do not worry go ahead and buy your car . I can promise you it will not go up . The phone calls are recorded if you have any issues going forward and to go and enjoy my new car. These was his words. 
    I  have now  had another letter to say my rate will be increasing in April to the capped rate
    I contacted them and spoke to another advisor whom I explained that I was assured twice that I was fixed till March 2023. 
     She told me there was nothing she could do and I was advised incorrectly.
    Can anyone  advise me on where I stand on this issue
    I have put in a formal complaint to bg awaiting their reply
    I am so upset over the situation as I would never of committed to a new car of this was the case
  • victor2
    victor2 Posts: 8,103 Ambassador
    Part of the Furniture 1,000 Posts Name Dropper
    edited 11 March 2022 at 1:22PM
    chezza28 said:
    Hello

    My energy supplier went bust like many have and I was transfered to British gas. 

    I contacted British Gas after several weeks as I had no correspondence from them . 
    I was advised that I had been transfered onto a fixed rate till March 2023. I was really surprised at this and questioned them several times to which they said my rate would not increase until March. 
    A few days later a got a letter which stated I was on a variable rate. I contacted them again and asked the question regarding me rate. They assured me that I was on a fixed rate but they have called it variable as I have no exit charges and the benefits of a variable? 
    I repeated to them that this does not make sense I really needed to know if 
    1- will my rate change in April 
    2 -will my rate go up in October.
    I needed to know as i was commiting myself to I was buying a new car and needed to cancel this if I was at a variable as I didn't wasn't to get myself in a mess with money.
    The advisor assured me that I was on a fixed rate, please do not worry go ahead and buy your car . I can promise you it will not go up . The phone calls are recorded if you have any issues going forward and to go and enjoy my new car. These was his words. 
    I  have now  had another letter to say my rate will be increasing in April to the capped rate
    I contacted them and spoke to another advisor whom I explained that I was assured twice that I was fixed till March 2023. 
     She told me there was nothing she could do and I was advised incorrectly.
    Can anyone  advise me on where I stand on this issue
    I have put in a formal complaint to bg awaiting their reply
    I am so upset over the situation as I would never of committed to a new car of this was the case
    Good that you've put in a formal complaint. You then have to give them 8 weeks to sort it out before you can refer it to the ombudsman.
    Do you have copies of the recordings? If not, you can make a Subject Access Request (SAR), and BG should supply whatever they have about you, including call recordings. Not sure of the exact procedure, but if someone on here doesn't have any suggestion, you can always google it.
    Keep all correspondence in writing (email is fine) as much as possible, so that you have a record.
    If you have a way of recording calls, use it (and inform the other person) should they call you, or you find it necessary to call them.
    Do let us know how it goes.

    I’m a Forum Ambassador and I support the Forum Team on the In My Home MoneySaving, Energy and Techie Stuff boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. 

    All views are my own and not the official line of MoneySavingExpert.

  • MWT
    MWT Posts: 10,202 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 11 March 2022 at 1:27PM
    if this goes to the Ombudsman try to focus on the actual loss suffered as a result or relying on their erroneous representations.
    The Ombudsman is unlikely to enforce a 'mistake' so getting the tariff fixed isn't likely, but you have a better chance of some sort of compensation if you can show a loss as a result of the mistake which isn't just the difference in the tariffs.
  • I don't think it can be classed as a mistake when they have been repeatedly making it over the course of many months and have failed to clarify or correct said mistake on each occasion.
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