Outfox The Market - Terms and Conditions amendments 26/11/18

VoucherMan
VoucherMan Posts: 2,771 Forumite
Name Dropper First Post First Anniversary
edited 23 March 2019 at 9:40AM in Energy
The conniving scrotes have been at it again.


Since they don't bother to let their customers know about changes (the legality of which is still in question), I thought it may be useful to highlight recent updates.
Text in red indicates changes, either added, removed or amended. I've tried to include both old & new terms so that the changes can be seen more easily.

The first point of interest to me is the claim that they were updated almost 3 weeks ago. They may have updated them, but they definitely didn't update the website then. Not only have I been checking the T&C every weekend, I also checked it 3 days ago when I had a query. These modified T&C have been online for less than 3 days.
22.8
We updated our Terms and Conditions on 26th November 2018, it is your responsibility to read the terms and conditions regularly to make sure you are aware of any changes.
To the changes.
There are many formatting amendments. No idea if it was intentional, maybe to make comparing the different versions harder, or just incompetence. Unless they're part of a section including text changes, I've ignored these.

To make it a little more concise I've not always listed the entire sections, in some instances just the sentences with the changes. I was going to try and remove some of the repeated items, but gave up after numerous formatting issues.

Old 3.1
The tariff is made up of your unit rate for each fuel and a monthly membership fee. The membership fee is only for electricity supply. The Zapp! tariff is for customers with an electricity EAC of less than 8,000 kWh per annum only.
New
The tariff is made up of your unit rate for each fuel and a daily standing charge for each fuel.
Old 3.2
The monthly membership fee is based on your estimated annual consumption (EAC) which will be totalled if you have more than one MPAN.
You will be required to provide your EAC initially upon sign up and this will be verified once we receive the relevant data flow from your previous supplier. If required it will be adjusted accordingly as well as being amended according to any meter readings you provide which indicate your more accurate actual consumption. Please note that your EAC is a changing figure dependant on your usage and this will result in your membership band being amended at any point based on the most up to date consumption information available. We may increase the price you pay per unit of energy under your tariff by providing you with 30 days’ advance notice.
New
You will be required to provide your EAC/AQ initially upon sign up and this will be verified once we receive the relevant data flow from your previous supplier. If required, it will be adjusted accordingly as well as being amended according to any meter readings you provide which indicate your more accurate actual consumption. Please note that your EAC/AQ is a changing figure dependant on your usage and this may result in it being amended at any point based on the most up to date consumption information available. We may increase the price you pay per unit of energy under your tariff by providing you with 30 days’ advance notice.
Old 3.7
If you are on this tariff, your contract will be for the Whack! tariff in your region. Regions are divided according to national gas and electricity distribution zones. Whack! is a fixed tariff for the period of 12 months from either live date or successful transfer (where the customer is changing tariffs internally), after which you will revert onto the relevant standard variable tariff. The tariff is made up of your unit rate and a monthly membership fee. The membership fee is only for electricity supply. Your Whack! Tariff may have a certain month attached to it, for the avoidance of doubt the terms in this section shall apply to any such variations of the Whack! Tariff.
New
If you are on this tariff, your contract will be for the Whack! tariff in your region. Regions are divided according to national gas and electricity distribution zones. Whack! is a fixed tariff for the period of 12 or 18 months from either live date or successful transfer (where the customer is changing tariffs internally), after which you will revert onto the relevant standard variable tariff. The tariff is made up of your unit rate for each fuel and a monthly membership fee for electricity only. Your Whack! Tariff may have a certain month attached to it, for the avoidance of doubt the terms in this section shall apply to any such variations of the Whack! Tariff.
Old 3.8
Under the Whack! Tariff, the unit rate element is fixed. However, membership fees may still vary depending on usage and we reserve the right to review and amend these charges where necessary, in the same way we would under a variable tariff. The monthly membership fee is based on your estimated annual consumption (EAC) which will be totalled if you have more than one MPAN.
You will be required to provide your EAC initially upon sign up and this will be verified once we receive the relevant data flow from your previous supplier. If required it will be adjusted accordingly as well as being amended according to any meter readings you provide which indicate your more accurate actual consumption. Please note that your EAC is a changing figure dependant on your usage and this will result in your membership band being amended at any point based on the most up to date consumption information available.
New
Under the Whack! Tariff, your unit rate is fixed. However, membership fees may vary depending on usage and we reserve the right to review and amend these charges where necessary, in the same way we would under a variable tariff. The monthly membership fee is based on your estimated annual consumption (EAC) which will be totalled if you have more than one MPAN.
You will be required to provide your EAC initially upon sign up and this will be verified once we receive the relevant data flow from your previous supplier. If required, it will be adjusted accordingly as well as being amended according to any meter readings you provide which indicate actual consumption. Please note: Your EAC is a changing figure dependant on your usage and this will result in your membership band being amended at any point based on the most up-to-date consumption information available.
Old 3.13
If you are on this tariff, you contract will be for the Whamm! Tariff in your region. Regions are divided according to national gas and electricity distribution zones. This is a variable tariff meaning that charges can increase or decrease at any time. The tariff is made up of your unit rate for each fuel and a monthly membership fee. The membership fee is only for electricity supply. The Whamm! Tariff applies only to customers with an electrical EAC of over 8,000 kWh per annum.
New
If you are on this tariff, you contract will be for the Whamm! Tariff in your region. Regions are divided according to national gas and electricity distribution zones. This is a variable tariff meaning that charges can increase or decrease at any time. The tariff is made up of your unit rate for each fuel and a daily standing charge for each fuel. The Whamm! Tariff applies only to customers with an electrical EAC of over 8,000 kWh per annum.
Old 3.14
The monthly membership fee is based on your estimated annual consumption (EAC) which will be totalled if you have more than one MPAN.
You will be required to provide your EAC initially upon sign up and this will be verified once we receive the relevant data flow from your previous supplier. If required it will be adjusted accordingly as well as being amended according to any meter readings you provide which indicate your more accurate actual consumption. Please note that your EAC is a changing figure dependant on your usage and this will result in your membership band being amended at any point based on the most up to date consumption information available.
New
You will be required to provide your EAC/AQ initially upon sign up and this will be verified once we receive the relevant data flow from your previous supplier. If required it will be adjusted accordingly as well as being amended according to any meter readings you provide which indicate your more accurate actual consumption. Please note that your EAC/AQ is a changing figure dependant on your usage and this may result in it being amended at any point based on the most up to date consumption information available.
Old 3.19
The tariff is made up of your unit rate and a monthly membership fee. The membership fee is only for electricity supply. Your Boom! Tariff may have a certain month attached to it, for the avoidance of doubt the terms in this section shall apply to any such variations of the Boom! Tariff. The Boom! Tariff requires 6 months payment up front to be made upon sign up, if payment is not received within 48 hours of sign up your switchover will be paused. If the prepayment you have made requires adjusting once we have verified your EAC through the data flow received from your previous supplier, we will take payment for any outstanding amount.
New
The tariff is made up of your unit rate and a daily standing charge for each fuel. Your Boom! Tariff may have a certain month attached to it, for the avoidance of doubt the terms in this section shall apply to any such variations of the Boom! Tariff. The Boom! Tariff requires 6 months payment up front to be made upon sign up, if payment is not received within 48 hours of sign up your switchover will be paused. If the prepayment you have made requires adjusting once we have verified your EAC/AQ through the data flow received from your previous supplier, we will take payment for any outstanding amount.
Old 3.20
Under the Boom! Tariff, the unit rate element is fixed. However, membership fees may still vary depending on usage and we reserve the right to review and amend these charges where necessary, in the same way we would under a variable tariff. The monthly membership fee is based on your estimated annual consumption (EAC) which will be totalled if you have more than one MPAN.
You will be required to provide your EAC initially upon sign up and this will be verified once we receive the relevant data flow from your previous supplier. If required it will be adjusted accordingly as well as being amended according to any meter readings you provide which indicate your more accurate actual consumption. Please note that your EAC is a changing figure dependant on your usage and this will result in your membership band being amended at any point based on the most up to date consumption information available. Your Direct Debit payments will be split into two different amounts - a winter amount (October-March) and a summer amount (April-September) and the relevant amount will be payable depending upon the time of year. This will also initially be based on your EAC figure but will be assessed before you enter your second period, whether winter or summer, based on your consumption history so far and therefore the Direct Debit figure you were initially quoted may not apply at that time if all variables are not the same.
New
Under the Boom! Tariff, the unit rate and standing charge is fixed. You will be required to provide your EAC/AQ initially upon sign up and this will be verified once we receive the relevant data flow from your previous supplier. If required it will be adjusted accordingly as well as being amended according to any meter readings you provide which indicate your more accurate actual consumption. Please note that your EAC/AQ is a changing figure dependant on your usage and this may result in it being amended at any point based on the most up to date consumption information available.
Old 3.25
The Pow! Tariff If you are on this tariff, you contract will be for the Pow! Tariff in your region. Regions are divided according to national gas and electricity distribution zones. This is a variable tariff meaning that charges can increase or decrease at any time. The tariff is made up of your unit rate for each fuel and a monthly membership fee. The membership fee is only for electricity supply.
New
The Pow! and Blast! Tariff If you are on this tariff, you contract will be for the Pow! or Blast! Tariff in your region. Regions are divided according to national gas and electricity distribution zones. This is a variable tariff meaning that charges can increase or decrease at any time. The tariff is made up of your unit rate for each fuel and a daily standing charge for each fuel.
Old 3.26
The monthly membership fee is based on your estimated annual consumption (EAC) which will be totalled if you have more than one MPAN.

You will be required to provide your EAC initially upon sign up and this will be verified once we receive the relevant data flow from your previous supplier. If required it will be adjusted accordingly as well as being amended according to any meter readings you provide which indicate your more accurate actual consumption. Please note that your EAC is a changing figure dependant on your usage and this will result in your membership band being amended at any point based on the most up to date consumption information available. We may increase the price you pay per unit of energy under your tariff by providing you with 30 days’ advance notice. Your Direct Debit payments will be split into two different amounts - a winter amount (October-March) and a summer amount (April-September) and the relevant amount will be payable depending upon the time of year. This will also initially be based on your EAC figure but will be assessed before you enter your second period, whether winter or summer, based on your consumption history so far and therefore the Direct Debit figure you were initially quoted may not apply at that time if all variables are not the same.
New
You will be required to provide your EAC/AQ initially upon sign up and this will be verified once we receive the relevant data flow from your previous supplier. If required, it will be adjusted accordingly as well as being amended according to any meter readings you provide which indicate your more accurate actual consumption. Please note that your EAC/AQ is a changing figure dependant on your usage and this may result in it being amended at any point based on the most up to date consumption information available. We may increase the price you pay per unit of energy under your tariff by providing you with 30 days’ advance notice. Your Direct Debit payments will be split into two different amounts - a winter amount (October-March) and a summer amount (April-September) and the relevant amount will be payable depending upon the time of year. This will also initially be based on your EAC/AQ figure but will be assessed before you enter your second period, whether winter or summer, based on your consumption history so far and therefore the Direct Debit figure you were initially quoted may not apply at that time if all variables are not the same.
New 3.27
A deemed contract will not be at a different rate to our usual Pow! or Blast! Tariff.
New 3.29
You will only be able to sign up to the Pow! or Blast! tariff if you are a dual fuel or electricity only customer.
Old 6.2
A membership fee for electricity calculated based on your EAC or combined EACs if you have multiple MPANs registered to your property.
New
Your standing charge for gas and your standing charge for electricity.
Old 6.5
Any missed or late payments will incur a charge of £25 if payment is not made within 5 working days from the payment due date.
New
Any missed or late payments will incur a charge of £25 each time.
Old 7.0
Direct debit — in this contract refers to standard fixed direct debit only.
Old 7.1
By agreeing to be supplied by us, you agree to pay by standard direct debit.
New
By agreeing to be supplied by us, you agree to pay by direct debit.
Old 7.2
Paying by standard direct debit means
You must give us an up-to-date meter reading at least every 30 days.
Your monthly direct debit amount will be fixed based on the amount of energy we think you’ll use each year of your contract divided by 12 but may be weighted according to winter/summer seasonality.
New
Paying by direct debit means
You must give us an up-to-date meter reading at least every 30 days on the correct billing date.
Your monthly direct debit amount will be based on the amount of energy we think you’ll use each year of your contract but may also be weighted according to winter/summer seasonality.
I'm a little confused by this amendment as I can't find their definition of 'billing date'.


Old 7.3
You may pay higher unit prices or membership fee on this different tariff.
New
You may pay higher unit prices or standing charges on this different tariff.
Old 10.2
Any missed or late payments will incur a charge of £25 if payment is not made within 5 working days from the payment due date
New
Any missed or late payments will incur a charge of £25.
Old 11.4
Please be aware that membership fees will not be refunded whether in whole or in part regardless of when you decide to leave us, they are paid in full in advance and are non-refundable.
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Comments

  • editor1
    editor1 Posts: 287 Forumite
    Home Insurance Hacker!
    Excellent work VoucherMan, although one issue, in private correspondence we've note its likely that our original T&Cs have been updated at least two times since we joined this mob in the first quarter - are we now saying that they have only actually changed the T&Cs once this year, namely in the last few days?

    That said, those with better memories than mine, who actually remember their Contract Law as taught at Law School are of the opinion that far from the Customer having to check T7Cs for changes on a daily basis, the onus is on the company itself to give notice of any changes, which OFTM has not done, namely, all Customers should have been notified by Mail or Email, that this has not happened has breached Contract Law, which has all sorts of implications for OFTM I'm afraid, particularly for us on the Fixed Term contracts, which numbers quite a lot I believe.
  • tin
    tin Posts: 502 Forumite
    Wow. Again. Thanks VoucherMan for the sterling effort there.
  • VoucherMan
    VoucherMan Posts: 2,771 Forumite
    Name Dropper First Post First Anniversary
    editor1 wrote: »
    we've note its likely that our original T&Cs have been updated at least two times since we joined this mob in the first quarter - are we now saying that they have only actually changed the T&Cs once this year, namely in the last few days?
    .


    Definitely not!


    Energylinx have a version from late 2017 available to download from their site. https://energysuppliers.energylinx.co.uk/outfox-the-market/ , although that one claims to be from 10th October 2016.


    Next is the one I saved to the archive site in October https://web.archive.org/web/20181008172806/https://outfoxthemarket.co.uk/Terms-and-conditions.aspx .

    This one is conveniently missing the revision date, but there are so many changes between that and the 2017 version that I find it hard to believe there haven't been other amendments in between. That was when, as you know, I took a more direct approach to trying to find older copies, without success


    The version online until earlier this week was dated 25th October 2018.


    Today's check reveals another version dated 26th November, but it wasn't there the other day when I as asking about the standing charge.


    So we can say for certain that there have been at least 2 changes. I believe there have been more, but my trust & naivety meant I never downloaded a copy. Nor it would appear did anyone else.
  • markharding557
    markharding557 Posts: 3,116 Forumite
    They are like Arthur Daley in his dodgy car business are OFTM, familiar to those old enough to remember minder:D
  • jaybeetoo
    jaybeetoo Posts: 1,337 Forumite
    Name Dropper First Anniversary First Post
    The terms & conditions don’t say anything about leaving them as far as I can see.
  • blinko
    blinko Posts: 2,507 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    whats the quickest way to get away from this company
  • Neil_Jones
    Neil_Jones Posts: 8,912 Forumite
    First Anniversary Name Dropper First Post
    blinko wrote: »
    whats the quickest way to get away from this company

    Sign up with somebody else.
  • editor1
    editor1 Posts: 287 Forumite
    Home Insurance Hacker!
    Well, for all those worried about OFTM and where Customers stand with regards the Company's strange behaviour shall I say, do cheer up as the business actually has to conform to the Consumer Rights Act of 2015, which can be found here for all to digest. And yes its complex, but this is the yardstick: https://www.legislation.gov.uk/ukpga/2015/15/introduction/enacted
  • editor1
    editor1 Posts: 287 Forumite
    Home Insurance Hacker!
    Here's a guide for business in relation to the CRA2015, its a pity the Bastian clan ain't read it: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/450410/Unfair_Terms_Explained.pdf
  • VoucherMan
    VoucherMan Posts: 2,771 Forumite
    Name Dropper First Post First Anniversary
    ...it is your responsibility to read the terms and conditions regularly to make sure you are aware of any changes.


    For anyone interested. The weekly check reveals a few amendments...
    bold & underlined = added
    (bold & bracketed = removed text)

    As this is only to highlight the changes, I haven't necessarily shown complete lines (and some sections are shortened)

    2.1
    • You maintain your account in credit at all times, increasing your Direct Debit amount where necessary. If you do not do this, it will be done automatically to ensure your account is not in arrears. However, automatic Direct Debit reviews are only done at intermittent periods and it is still your primary responsibility to ensure that you are paying enough for your energy.

    3. Our Tariffs
    Any tariffs we offer will always be subject to availability and their inclusion in these Terms and Conditions does not necessarily indicate their disposal since we also provide information on former tariffs which some customers may still be on. Please always check current tariffs on offer at any given time by asking us directly. All our tariffs include VAT at the applicable rate.

    3.1
    ( The ) Zapp! Tariff

    You will be required to provide your EAC/AQ initially upon sign up and this will be verified once we receive the relevant data flow from your previous supplier. If required(,)
    (comma removed)

    3.7
    ( The ) Whack! Tariff

    If you are on this tariff... (section cut) The tariff is made up of your unit rate for each fuel and a monthly membership fee for electricity (only).

    3.8
    has been rewritten/reworded . They still haven't worked out how to use a spelling & grammar checker. :doh:

    Old Text
    Under the Whack! Tariff, your unit rate is fixed. However, membership fees may vary depending on usage and we reserve the right to review and amend these charges where necessary, in the same way we would under a variable tariff. The monthly membership fee is based on your estimated annual consumption (EAC) which will be totalled if you have more than one MPAN.
    You will be required to provide your EAC initially upon sign up and this will be verified once we receive the relevant data flow from your previous supplier. If required, it will be adjusted accordingly as well as being amended according to any meter readings you provide which indicate actual consumption. Please note: Your EAC is a changing figure dependant on your usage and this will result in your membership band being amended at any point based on the most up-to-date consumption information available.


    New Text
    Under the Whack! Tariff, your unit rate is fixed but your membership fee band will be varied depending on your EAC figure. Your payment amount will also vary as normal depending on usage and we reserve the right to review and amend this where necessary, in the same way we would under a variable tariff. You will be required to provide your EAC/AQ initially upon sign up and this will be verified once we receive the relevant data flow from your previous supplier. If required it will be adjusted accordingly as well as being amended according to any meter readings you provide which indicate your more accurate actual consumption. Please note that your EAC/AQ is a changing figure dependant on your usage and this may result in it being amended at any point based on the most up to date consumption information available.


    3.13
    ( The ) Whamm! Tariff

    3.19
    ( The ) Boom! Tariff

    Old Text
    If you are on this tariff, (section cut) The tariff is made up of your unit rate and a daily standing charge for each fuel. (section cut)

    New Text
    If you are on this tariff, (section cut) The tariff is made up of your unit rate and a monthly membership fee for electricity. (section cut)

    3.20

    Old Text
    Under the Boom! Tariff, the unit rate and standing charge is fixed.

    New Text
    Under the Boom! Tariff, the unit rate is fixed but your membership fee band will be varied depending on your EAC figure.

    3.25
    The Pow! and Blast! Tariff
    is now
    The Pow! or Blast! Tariff

    3.26
    You will be required...
    If required(,) (comma removed) (& sections cut)

    Old Text
    Your Direct Debit payments will be split into two different amounts - a winter amount (October-March) and a summer amount (April-September) and the relevant amount will be payable depending upon the time of year. This will also initially be based on your EAC/AQ figure but will be assessed before you enter your second period, whether winter or summer, based on your consumption history so far and therefore the Direct Debit figure you were initially quoted may not apply at that time if all variables are not the same.

    New Text
    Your Direct Debit amount will be based on how much energy we think you will use in a year split equally over 12 months.

    3.27
    (Removed)
    (A deemed contract will not be at a different rate to our usual Pow! or Blast! Tariff.)

    3.29

    Old Text
    You will only be able to sign up to the Pow! or Blast! tariff if you are a dual fuel or electricity only customer. We are not able to supply customers with gas only, neither will we be able to support customers on business or prepayment meters (rest of section cut)

    New Text
    We are not able to support customers on business or prepayment meters. (rest of section cut)


    Sections 3.31 to 3.43, 3.44 to 3.49 and 3.50 to 3.55 have been added for new tariffs.

    More new sections added (4.9, 6.7, 6.8 )
    4.9
    Outfox the Market currently run a Discount Code scheme for Daily Mail/Mail Online readers only. The scheme requires you to enter a correct and legitimate code upon sign up (as per Daily Mail/Mail Online promotion ads). You will then receive the one-off discount of £25 in the form of a credit onto your energy account with us, on your 4th monthly bill. This discount can be used only for dual fuel or electric only customers and applies to all variable tariffs only. This scheme will expire as of 01/05/19 when it will no longer apply to new sign ups from that date. This offer cannot be used in conjunction with any other and may be withdrawn or amended by us at any time. We may refuse to apply the discount at our discretion if you have not complied with the terms or requirements of the scheme.

    6.7
    Please be aware that if your tariff has a membership fee rather than a standing charge due to it being an older historical tariff, the membership fee is a changing figure depending on consumption and you will be moved across bands depending on your EAC/AQ.

    6.8
    For the avoidance of doubt, any exit fees payable for fixed tariffs shall be payable upon you moving home or selling your property the same as if you end your contract early.

    12.2
    You will manage your direct debit using email/web chat only. You will receive bills from us through your Hero Hub, we do not provide a paper billing service as standard.

    22.8
    We updated our Terms and Conditions on 20th March 2019, it is your responsibility to read the terms and conditions regularly to make sure you are aware of any changes.

    Previously

    We updated our Terms and Conditions on 26th November 2018, it is your responsibility to read the terms and conditions regularly to make sure you are aware of any changes.
This discussion has been closed.
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