EDF FreePhase Dynamic Tariff

masonic

https://www.citizensadvice.org.uk/consumer/energy/energy-supply/problems-with-your-energy-bill/your-gas-or-electricity-supplier-has-put-up-its-prices/

The above seems pretty clear.

Also, the T&Cs they emailed me when joining has the following:

So at a minimum we should be receiving a variation notice (assuming this change is wholly a result of a change in law, regulation, tax, or duty), and 18b gives us the ability to suspend the change for 20 days while shopping around for a better deal. Alternatively it looks like a breach of contract, given the FAQ page contradicts these terms.

bristolleedsfan

……………………….

https://www.edfenergy.com/gas-and-electricity/freephase

masonic

Yes, that is the contradiction in the FAQ I alluded to. The FAQ cannot override the legal contract, so when it contradicts, clause 18a of the contract must prevail: "If you are on a fixed term tracker or dynamic tariff, your charges will change during your fixed term period in line with how your tracker or dynamic tariff operates. For details of how your tracker or dynamic tariff operates visit edfenergy.com/ eligibilityandfeatures. Except for a change in law, regulation, tax or duty which affects us in a way that is beyond our reasonable control, or the introduction of a new tax, duty or charge which we have to or allowed to recover from you through your energy bill (or bills), or the index or price-source for a tracker or dynamic tariff is unavailable or discontinued, the prices and terms and conditions for your fixed term tracker or dynamic tariff will not change in any other way until the end date."

So I have asked them for proof that the change to the C and P coefficients arises wholly through "a change in law, regulation, tax or duty". The introduction of the GD term clearly meets this test, but I think they will struggle to show a 10% rise in C and 10p rise in P (for my region) does. But I await with interest what evidence is forthcoming.

Of course none of this overrides the regulatory obligation to give reasonable notice of a detrimental change.

The_Groat_Counter

I suppose EDF's argument would be that the first two sentences of that clause covers the situation…

"If you are on a fixed term tracker or dynamic tariff, your charges will change during your fixed term period in line with how your tracker or dynamic tariff operates. For details of how your tracker or dynamic tariff operates visit edfenergy.com/eligibilityandfeatures. […]"

In other words the T&Cs refer to "how your tracker or dynamic tariff operates", and the quoted URL in turn includes this text and link: "Learn more about how we calculate rates here."

The linked page is the main Freephase information page which includes the FAQs, one of which does (as @bristolleedsfan pointed out above) include the information about how changes to the Coefficient and Premium values will happen every April.

To be clear, I'm not trying to be an apologist for EDF - just suggesting this could well be compliant with their T&Cs.

masonic

Yes, that could well be their argument. But if it is, and they are relying on a statement not in the T&Cs, and not even in the URL they reference within the T&Cs, but in a link referenced within a URL referenced within the T&Cs (buried beneath a long table you'd have to scroll all the way through to know there were additional Q&As beneath it), then it would seem to be buried so deep as to be effectively hidden from the customer who I'd contend have a reasonable expectation that the tariff follows a formula set for the duration of their term. I'm inclined to test that one out with the EO if it comes to it - that is if they aren't able to come up with a convincing justification for the price hike being based on earlier changes to regulatory charges or fob me off with some token goodwill payment.

But nowhere in the terms, or the pages referenced within them, or the links within the references in the terms, do I see anything waiving the right to reasonable notice if a change is detrimental, so I'll be pursuing that argument rather harder.

I suspect were it not for the "government discount" being rolled out in April, notice would have been given, but the optics of an increase hot on the heels of a reduction aren't good. But Octopus managed to give 2 weeks notice when hiking Go pricing recently.

Had they notified me of the impending hike, say in mid-April, giving me time to look into the situation and possibly do something about it, then I suspect I'd be reacting differently. A change made in haste and quietly on the very last day possible (according to those FAQ), effective the very next day, is not something that should go unchallenged in my view.

TheSavvy1

Looking ahead to next week, with the revised formula, most areas could see more than 50p per kWh for the red period. The changes to the premium added to the 16:00 to 19:00 period were quite large, so 40p per kWh or above appear to be the new norm. A tariff that is still quite new to the market has become less appealing to remain on.

masonic

Looking at today and tomorrow, and measuring up very crudely against Agile Octopus, the rates seem to line up with the most expensive half hours in each of the three periods, which means it will be more expensive in rate almost all of the time at these levels. But the standing charges are lower, so on low use days I could potentially still save. Then again, I lose out when prices go negative. So I'm torn.

What I do know is this tariff is not one I'd be willing to take into winter under the new formula, so it may be prudent to plan ahead and avoid all options drying up by the time we get there. Decisions, decisions…

SJMALBA

https://forums.moneysavingexpert.com/discussion/comment/81984104#Comment_81984104

And I've not seen any mention of them offering negative pricing (like Agile), which is the least they should do given the massive increases… then again, given their lack of communication, who knows?

SJMALBA

Free electricity tomorrow from 20:00 - 23:00 - not related to wholesale prices.

Also, tomorrow's red UR is significantly lower than today, despite similar wholesale prices…?

SJMALBA

I did wonder if they had reverted to the original formulae, perhaps in response to 'feedback'/complaints, but the FAQ is still showing the new formulae…?

Any info. on the Freephase Users Facebook page?