Not sent cooling off notice

vrethammar wrote: »

Toto Energy have not sent me cooling off notice despite being cold called by Currys on Monday 25 June. I have since read their customer reviews and decided to cancel. I wrote out my own cooling off notice and sent it by post and e-mail but I have had no response, simply automated e-mails and automated telephone calls. They do not appear to be complying with the Consumer Credit Act. Such a pity the Office of Fair Trading was closed down.

You should have received some form of Welcome Pack from Toto Energy (your reference to Currys is lost on me I am afraid) which may have mentioned the 14 day Cooling Off period or referred you to your contract terms and conditions. Why do you believe that The Consumer Credit Act applies? Energy suppliers are regulated by Ofgem. All Supply Licences include the 14 day 'cooling off period' provision and this is reflected in Toto Energy's ts and cs:

“Cooling Off Period” means a period of 14 days from the Commencement Date. During this time, the contract can be cancelled by you, if you decide that you do not want us to supply Services to you.

I confess to being a serial switcher and I have never received what you call a 'Cooling Off Notice'. Provided you send something to the supplier within the 14 day period, the supplier is required to action it even if it received AFTER the 14 day 'cooling off' period has elapsed. For example, you write a recorded letter on day 14 cancelling the contract, but it is not received by the supplier until the 17th day: this is still a legitimate contract cancellation.

Robin9 wrote: »

Hengus - I think you are a Zog fan. I got this from Zog by return when I applied to it :-

"We would be sorry if you decided not to switch to Zog, but we do give you the chance to change your mind. You have a cooling off period until 01/07/2018 to change your mind during which we can stop the switchover free of charge. To cancel your switch please email cooloff@zogenergy.com."

Indeed, I am - but as I intimated above the reference to the 'cooling off period' forms part of the Welcome Letter. Bulb has a similar paragraph in its Welcome Letter:

Cancelling your agreement

Your 14-day cooling off period begins the day after you receive this information pack, or the day after your agreement started with us, which ever is sooner. In order to cancel your agreement and for us to stop the process of switching your supply to Bulb, you must let us know within this time frame.

I suspect that the OP's problem is that he has not received a Welcome Pack so it is possible that there is nothing to cancel. My reading of the OP's post was that he was expecting to get something similar to this:

If your agreement is regulated under the Consumer Credit Act, the lender must give you a written copy of the agreement setting out:

what type of credit agreement it is, for example, credit sale, hire purchase or conditional sale
the true cost of the credit, called the Annual Percentage Rate (APR)

the amount of each payment, when it is due to be paid, and how it is made up (loan, interest, administration charge)

your cancellation rights and whether you can pay off the loan early.