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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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Dear Sirs, I moved into a rented property in August 2012. When

Customer Question

Dear Sirs,

I moved into a rented property in August 2012.

When I moved I asked EON to take on both supplies. The Electrics they did.

However, Spark Energy appeared out of the blue and said they were supplying the gas.

Despite numerous attempts I could not shift Spark.

Interestingly my tenancy agreement makes no reference to a specific supplier.

I am arguing with Spark that as there is no contract in place there is no agreement of the tariff, therefore it is a horse trade as to how the settlement figure is arrived at.

What are your thoughts please?

Regards
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

 


Dear Jo,


 


I moved in to a rental property in August 2012.


 


When I went to arrange my service suppliers, I requested that EON come across from my old property to supply the electricity and gas.


 


The electricity was fine but with the gas a company called Spark Energy appeared from know where to claim they were the gas supplier.


 


I tried to remove them and paid the outstanding amount, but EON could not transfer the service. This went on for about 3-4 months.


 


In the end I gave up spending my whole day on the phone to Spark Energy who were less than helpful.


 


Interestingly I sont have a tenancy contract that names them as the supplier or pshes me in any direction whatsoever as the letting agent do not use Spark Energy it was the agent before.


 


At present I have continually argued that without a contract there is no agreement of tariff and we are in a horse trade situation.


 


Spark Energy ignore all my emails and come back with the same rhetoric.


 


They have now passed my account to a debt collector who is suggesting under OFGEM regulations I am in contract with Spark Energy and they can decide the tariff ti charge me. My thoughts and opinions are meaningless.


 


Personally I think I have got them on this one.


 


I look forward to your comments.


 


 


Kind regards,


 


 


 


 


Chris

Expert:  Jo C. replied 3 years ago.
Yes, I've read the facts.

What is your question about this?
Customer: replied 3 years ago.

 


Am i in my rights to horse trade a settlement figure due to no contract in place or can Spark Energy charge me what they want without recourse?

Expert:  Jo C. replied 3 years ago.
Thanks.

Do you deny that they are supplying and have you used the gas?
Customer: replied 3 years ago.
Hello,

No I don't dispute they are supplying or that I am using the gas.


My argument is that I have no contract with them or in the tenancy agreement. I tried to remove them but they wouldn't budge. Therefore, my dispute is that if no contract is in place it is down to a simple contract of they supply and I pay something. What that something is in this terms the tariff is down to a mutual settlement/agreement. At present Spark Energybelieve they can do whatever they want! This can't be right.
Expert:  Jo C. replied 3 years ago.
Thanks.

I am sorry but if you are using the gas then you do have a contract with them. There may be terms that you can challenge but there is a contract if they are supplying the gas.

If you are saying that you deny ever agreement prices then you can ask them to prove that a specific price was agreed but they are entitled to the value of the consumption I'm afraid.

I'm afraid that you cannot avoid paying for the gas consumed on the basis that your tenancy agreement doesn't specific the supplier. If there was gas supplied then you knew there must have been a supplier I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

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