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    • silkster
    • By silkster 14th Feb 18, 6:37 PM
    • 1Posts
    • 0Thanks
    Deemed Tariff - EDF - can we challenge?
    • #1
    • 14th Feb 18, 6:37 PM
    Deemed Tariff - EDF - can we challenge? 14th Feb 18 at 6:37 PM
    Our supplier was EDF (we have now changed and very quickly). We moved into our new house in August 2017 and were put onto a deemed tariff. To be fair to EDF, my partner did call them when we moved in and we were informed that we were on a deemed tariff. My partner also said that we would look into switching supplier.

    The problem is that at that time in our lives, so much was going on that the issue of our supplier slipped. (Now when I say a lot was going on, please be sympathetic, I can't stress enough how awful our lives were at this time!) So, the next we knew it, we had a whopping great bill in December. Naturally, we switched supplier straight away.

    Obviously, we should have acted ourselves sooner but we did not.

    I understand that a deemed tariff allows that a supplier may put in place a scheme in these circumstances in which it is deemed that a consumer has contracted with the supplier [Sch. 6 Electricity Act 1989 and Sch. 2B Gas Act 1986]. Naturally, the supplier in this instance has taken advantage of this to unilaterally impose what would otherwise be grossly unfair contractual terms.

    Were it not for the fact that statutory provisions deem that a contract has been entered into, I would be minded to challenge this on the basis of an unfair contract between parties with unequal bargaining power.

    The best I can think of to do now is to challenge the terms of the tariff on the basis that they are inconsistent with EDF’s own stated policies of fairness and so on and / or that their decision not to retroactively amend the bill as though a fairer tariff had been agreed is likewise inconsistent with their own stated policies of fairness.

    To support that argument, I would advance that EDF did the absolute minimum necessary and did nothing to alert us as to just how unfair the deemed tariff would turn out to be (a single letter with no comparative data and so on).

    If EDF do not agree, I plan to take this to the Ombudsman.

    So, to the forum: does anyone else have experience of fighting this situation? Any advice and feedback on the strategy generally? Do we have a case to argue? What stance is the ombudsman likely to take?

    We look forward to your thoughts and input and thank you all in advance!
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    • Hengus
    • By Hengus 14th Feb 18, 6:58 PM
    • 5,604 Posts
    • 3,433 Thanks
    • #2
    • 14th Feb 18, 6:58 PM
    • #2
    • 14th Feb 18, 6:58 PM
    Hi - welcome to the forum. You are wasting your time. Deemed contracts were brought into Law to give certainty that when people moved into a property that it was on supply: otherwise, you might have had to wait up to 5 weeks to get connected. I think that you will find on the statements that you have received from EDF that there is a paragraph entitled !!!8216;Could You Pay Less!!!8217;. The EO will dismiss your complaint as the conditions relating to Deemed Contracts are laid out in great detail in the Supply Licence under which companies such as EDF operate. The Deemed Contract by its very nature has to be one that allows you to switch immediately without penalty and it is usually based on the supplier!!!8217;s standard variable tariff.

    Have a read of Standard Licence Conditions 7.3 to 7.14.
    Last edited by Hengus; 14-02-2018 at 7:16 PM.
    • gsmlnx
    • By gsmlnx 14th Feb 18, 7:00 PM
    • 819 Posts
    • 658 Thanks
    • #3
    • 14th Feb 18, 7:00 PM
    • #3
    • 14th Feb 18, 7:00 PM
    If the bill has the correct opening and closing readings then not a leg to stand on.
    They sent you a letter when you contacted them outlining the tariff (Standard Variable Tariff with no exit fees) then the play was firmly in your court.
    Sorry but that is it. An expensive life lesson.
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