Can fixed tariff be changed?

lisyloo

goodValue said:

not having internet would have cost me hundreds on pounds over the next 18 months.

I don't understand this. Could you explain please.

Sure.
I’ve managed to get switched onto a good tariff with BG saving me hundreds of pounds over the length of the fix because I kept trying.
the 2 factors that made it a success were home internet and listening to others (on here).

lisyloo

goodValue said:

There must be something I am missing here.
If I make an agreement with someone, then the onus is on both parties to implement it.
Yet everyone seems to be saying that the onus is on me to keep checking that it is being processed.
And, also, that the agreement isn't valid until it is actually put into practice.
This doesn't make sense to me.

The bottom line is that

agreeing something to be done with a call agent is not a legally binding contract especially when we know the tarriff is no longer available.


Where did you find the tarriff details?
What legal statute or regulations are your beliefs based on?

If you can explain which law you are relying on we can try to help.

goodValue

Where did you find the tarriff details?
What legal statute or regulations are your beliefs based on?

If you can explain which law you are relying on we can try to help.

I saw the details on this forum last August.

Radio 4 consumer programmes have repeatedly said that a verbal agreement is legally binding. I have heard it so often that I have come to believe it. If not, I would have thought they would have later made an apology.

If you are all so confident that the tariff change would not be binding, then it appears best for me to change supplliers. The customer service has been terrible, 5 months and they still have not responded to a letter of complaint.

goodValue

I’ve managed to get switched onto a good tariff with BG saving me hundreds of pounds over the length of the fix because I kept trying.
the 2 factors that made it a success were home internet and listening to others (on here).

Thank you.
I have gradually increased my knowledge about using the internet over the last couple of years, and would like to use it more effectively.
But, in this case, a major problem has been getting in touch with BGAS, who seem to have put up barriers to communication.
As one poster put it:  "emails and texts disappear into the ether".
Another has said that Chat is now difficult to use( but as you had  a positive experience with it, I will give it another try).

goodValue

JAT but I would have thought that your tariff offer is only valid for the same customer at the same address.  I might be wrong and am happy to be corrected. 

I don't really understand what you are saying.
But I have a feeling that it is not directly related to what most people have been discussing. What you have quoted was just the first of a number of problems.
The tariff change most of the discussion has been about, took place a few months later.

MWT

goodValue said:

Where did you find the tarriff details?

I saw the details on this forum last August.

So taking that first point, BG did not make an offer to you of the tariff you wished to be on, you learned from the forum that some people were able to get onto the tariff by persistently searching out a CS rep willing to put them on it...

goodValue said:

What legal statute or regulations are your beliefs based on?

Radio 4 consumer programmes have repeatedly said that a verbal agreement is legally binding. I have heard it so often that I have come to believe it. If not, I would have thought they would have later made an apology.

Verbal contracts can be binding but there are still some hurdles to overcome to meet the standard for a contract...

1. Offer: One of the parties needs to have promised to enter into a contract on the basis of set terms that are specific, complete and capable of being accepted.
2. An acceptance of that offer: Acceptance must be made unequivocally, meaning the contract is not subject to further negotiations.
3. Consideration: The contact must include an exchange of some value, such as services for payment.
4. The intent to create legal relations: Both parties must intend to enter into a legally binding contract.

#1 In this case you are the one making an offer as you approached them to request a specific tariff, and in making that offer you are agreeing to be bound by their standard terms & conditions.

#2 Given that you are agreeing to their terms & conditions unequivocal acceptance would be issuing you with a confirmed contract in written form, which did not happen.

#3 You have made no payment under the contract you wanted to enter into so there is no consideration, although a promise to pay can be a consideration.

#4 You may have the intent required, but a CS agent knows full well that they have no power to bind the company to a contract and would have no intent to do more than attempt to get you what you have asked for by requesting the change, as it was not something within their power to grant, so they lacked intent...

This is why those who were successful mostly achieved it by talking to someone who did have the power to move them to the tariff immediately, resulting in the issuance of a formal confirmation of the contract.

goodValue

Verbal contracts can be binding but there are still some hurdles to overcome to meet the standard for a contract...

Thanks, that's very enlightening.

lisyloo

goodValue said:

Where did you find the tarriff details?
What legal statute or regulations are your beliefs based on?

If you can explain which law you are relying on we can try to help.

I saw the details on this forum last August.

Radio 4 consumer programmes have repeatedly said that a verbal agreement is legally binding. I have heard it so often that I have come to believe it. If not, I would have thought they would have later made an apology.

If you are all so confident that the tariff change would not be binding, then it appears best for me to change supplliers. The customer service has been terrible, 5 months and they still have not responded to a letter of complaint.

I’m not sure what you read but the tariff is no longer available.

i agree that a verbal contract is binding.
however there are often qualifying criteria that you failed to meet (by asking for a tarriff no longer available).

BG were wrong to tell you or imply that this was a firm contract.
i 100% believe you recall correctly as I had similar experience, but I am confident you won’t be able to enforce the failed communication of a call representative who’s first language probably isn’t English.

i am not sure if they have closed these down, but you would have been better off just repeatedly trying to get an agent to make a mistake and put you on it (but you’d need to check to know whether they’ve done it or not).