Eversmart saying my deal isn't fixed.

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  • matelodave
    matelodave Posts: 8,609 Forumite
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    edited 15 December 2018 at 3:58PM
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    My advice is the same as John's. The complaint clock started ticking when you first raised the query so request Eversmart to send you a deadlock letter ASAP as you are not satisfied with their resonse.

    Make sure that you keep records, download all bills, statements, emails, phone calls etc to ensure that you keep all your own evidence (dont forget the welcome pack as well) - do not rely on it remaining available on their website.

    Stuff gets lost (they've already changed the on-line T&C's so the only ones that are available are the October revisons) I've got a copy of the pre October ones if you want to PM me.

    It's probably worth seeing what Ofgem have to say as well and initiate a complaint with the Ombudsman if you dont get a timely response from Eversmart.
    Never under estimate the power of stupid people in large numbers
  • Innocent_Bystander
    Innocent_Bystander Posts: 9 Forumite
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    Thanks for the advices. My inclination is to not let them off the hook also.
    Two questions though:
    1. Has anyone yet successfully got them to back down on one of these (non-)fixed tariffs?
    2. When Eversmart go bust (sorry, if), will the OFGEM appointed new supplier have to honour the same tariff rates?
  • matelodave
    matelodave Posts: 8,609 Forumite
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    Innocent_Bystander wrote: »
    Thanks for the advices. My inclination is to not let them off the hook also.
    Two questions though:
    1. Has anyone yet successfully got them to back down on one of these (non-)fixed tariffs?
    2. When Eversmart go bust (sorry, if), will the OFGEM appointed new supplier have to honour the same tariff rates?

    Look at #188 above

    When they go bust and another supplier takes over it's a possibilty but unlikely that you remain on the same tariff.

    When GB Energy died and the CO-OP took over they did honour the tarrif, however when Octopus took over from IRESA they didn't. In fact Octopus were some 3p a kwh more than IRESA, that's why I jumped to Eversmart as soon as I could. (7200kwh x 3p = £216 extra)

    I'm guessing that there won't be many energy companies who would want to try and maintain Eversmart's tariff so lets hope that they hang on at least through the coldest parts of the winter
    Never under estimate the power of stupid people in large numbers
  • Innocent_Bystander
    Innocent_Bystander Posts: 9 Forumite
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    matelodave wrote: »
    Look at #188 above
    Excellent!
  • nxdmsandkaskdjaqd
    nxdmsandkaskdjaqd Posts: 782 Forumite
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    Innocent_Bystander wrote: »
    Thanks for the advices. My inclination is to not let them off the hook also.
    Two questions though:
    1. Has anyone yet successfully got them to back down on one of these (non-)fixed tariffs?
    2. When Eversmart go bust (sorry, if), will the OFGEM appointed new supplier have to honour the same tariff rates?

    I went to Ombudsman and won. Subsequently Eversmart have said they will keep my tariff fixed.
  • JohnB47
    JohnB47 Posts: 2,544 Forumite
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    edited 16 December 2018 at 12:23AM
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    nxdmsandkaskdjaqd wrote: »
    I went to Ombudsman and won. Subsequently Eversmart have said they will keep my tariff fixed.

    I have just received an email from the Ombudsman - yes, on a Saturday night, confirming that Eversmart have backed down on claiming that they will not honour the Welcome Home Fixed price tariff (same as experienced by nxdmsandkaskdjaqd). The relevant text of the complaint resolution is as follows:

    "Remedy Requirements

    To agree that the contract to supply a fixed price dual fuel tariff will be honoured for the 'Price Guaranteed Until' date.

    Company's comment

    Eversmart Energy's comment

    In regards to this complaint - The customer has been misinformed and the Welcome Home tariff is fixed and will remain at these rates for the duration of the contract.

    Issue

    Issue type: I have been mis-sold my contract

    Comment:

    Customer has been given wrong information - Welcome Home is fixed and will remain fixed until contract end date.

    Remedy

    Remedy type: No remedy or award

    Comment:

    Customer tariff will remain fixed.

    Add your comment:"

    So my next step is to add my comment and say, thanks very much Ombudsman, I hope Eversmart will continue to comply.
  • JohnB47
    JohnB47 Posts: 2,544 Forumite
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    nxdmsandkaskdjaqd wrote: »
    I have now had a reply from the Ombudsman. I am not sure how must of their email I can quote here, but have quoted some salient points:

    1. The nature of the tariff is a guaranteed price until August 2019, therefore I consider it reasonable to determine that as a fixed rate tariff.

    2. Given that the documentation received in relation to your tariff is a fixed rate tariff then if it does change the terms of that contract the company will be in breach of SLC 22.C9.

    3. In conclusion, I am of the view that should the company amend the terms of your fixed rate contract it will be in breach of the Standard Licence Conditions as detailed above.

    Hi again.

    I've just re-read this earlier post and I'm curious about the different way your case was dealt with compared to mine. You have received an email containing what seems to be the opinion of the Ombudsman, whereas I received an email directing me to my actual complaint and the response from Eversmart. I had to log on to their site and then read the complaint details to see the outcome - that's what I quoted in my previous post. Odd that they seem to have treated our complaints differently.
  • nxdmsandkaskdjaqd
    nxdmsandkaskdjaqd Posts: 782 Forumite
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    JohnB47 wrote: »
    Hi again.

    I've just re-read this earlier post and I'm curious about the different way your case was dealt with compared to mine. You have received an email containing what seems to be the opinion of the Ombudsman, whereas I received an email directing me to my actual complaint and the response from Eversmart. I had to log on to their site and then read the complaint details to see the outcome - that's what I quoted in my previous post. Odd that they seem to have treated our complaints differently.

    I just had an email, giving their considerations and then conclusions.
  • JohnB47
    JohnB47 Posts: 2,544 Forumite
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    nxdmsandkaskdjaqd wrote: »
    I just had an email, giving their considerations and then conclusions.

    Interesting. So you weren't given the opportunity to create a password and the ability to log-in to your complaint, to see details, progress and outcome?
  • Innocent_Bystander
    Innocent_Bystander Posts: 9 Forumite
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    Innocent_Bystander wrote: »
    They offered me £20 compensation for the "error in the Welcome Pack".
    After my rejection of their offer and mention of the Ombudsman, the stakes seem to have been raised.
    "I understand that your were informed by us on your welcome pack that the price is guaranteed, and that you have not been able to locate the 30-days price increase notification. I have been authorised to add the credit of £201.09 to your account to cover the increased cost of the Simply Smart tariff until May 2019."
    Considering my response.
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