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PreAction claim for breach of utility contract

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WongWongWong
WongWongWong Posts: 3 Newbie
First Post
edited 2 April at 1:40PM in Energy
A few years ago I signed up to a utilty company to have my utilties switched and have voice recordings to agree to give this company authourity to do so. At the time I was locked in and the switch dod not happen so I thought nothing of it... A few years must have past and i may have renewed the contract with my existing utilty company and now four years later the previous company have asked PreAction to collect about £6k from me! They say that as I have signed the switch with them and that did not happen I am in breach of contract and now threatening to take me to court as I am liable to all the costs and loss of revenue. I need to respond by 16th December... Or they are threatening to take me to court and add 8% interest.

Please can anyone give me some guidance as ti what to do next?

Much apprecated.
«1

Comments

  • You say you ‘may’ have renewed with your other provider - did you or didn’t you? 
  • Is this a business contract?
  • You say you ‘may’ have renewed with your other provider - did you or didn’t you? 

    Yes it is a business contract.
  • diinozzo
    diinozzo Posts: 139 Forumite
    100 Posts Second Anniversary Name Dropper
    This is the Consumer Rights Board part of the forum.
  • powerful_Rogue
    powerful_Rogue Posts: 8,344 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 16 December 2022 at 9:17AM
    I would get legal advice. With this being a business contract you could very well owe the £6k. When did you receive this letter and why have you left it until the night before the deadline to look into it?
  • user1977
    user1977 Posts: 17,790 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    I would get legal advice. With this being a business contract you could very well owe the £6k. When did you receive this letter and why have you left it until the night before the deadline to look into it?
    To be fair, the "deadline" in this case is probably just a trigger for...a slightly more sternly-worded letter. If it was a real deadline to defend a court action it would actually matter.
  • elsien
    elsien Posts: 35,979 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 December 2022 at 9:35AM
    Not knowing what contracts you’ve renewed and which ones you haven’t possibly isn’t the most effective way to be running a business. Surely you’ve got some paperwork floating around somewhere with regard to the existing contract and renewal.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • user1977 said:
    I would get legal advice. With this being a business contract you could very well owe the £6k. When did you receive this letter and why have you left it until the night before the deadline to look into it?
    To be fair, the "deadline" in this case is probably just a trigger for...a slightly more sternly-worded letter. If it was a real deadline to defend a court action it would actually matter.

    Possibly, or they may now go to court action as they have issued the LBA.
  • MrSirius
    MrSirius Posts: 6 Forumite
    Photogenic First Post
    I urge anyone who gets a letter from this company to not just "ignore it" like some of these threads suggest. Read the terms you signed because we learned the hard way about signing a commercial contract. Wish we had've taken this more seriously.
  • Pollycat
    Pollycat Posts: 35,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    MrSirius said:
    I urge anyone who gets a letter from this company to not just "ignore it" like some of these threads suggest. Read the terms you signed because we learned the hard way about signing a commercial contract. Wish we had've taken this more seriously.
    For reference:

    bdfbdiinozzo said:
    This is the Consumer Rights Board part of the forum.
    Signing a commercial contract does not give you consumer rights.
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