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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10412
Experience:  Barrister 17 years experience
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we have a small 15 bedroom guesthouse and were approached by

Resolved Question:

we have a small 15 bedroom guesthouse and were approached by a low energy company to take control of our gas and electric getting us lowest prices at all times they requested I write a letter giving them power of attorney bills sent to them direct debits did increase by double to them and on ringing n power who we signed a contract with and asking what our bills have been resulted in discovering we are paying double energy company are being paid out of a ladies name on finding out who supplied our gas it is not contracted with ourselves so couldn't give me any information because of data protection contract is with Adrian francis ass.ltd trading as the gas company have rang to cancel been told we are in a contract for 4 years I have ask for a copy will not answer phone to me how do we stand do we need a solicitor
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. YOur first step here is to formally write to the low energy company and state that you wish to cancel your contract with them as their prices are much too high. All companies are required through strict complaints handling standards to deal proactively with complaints from domestic consumers. They all have complaints procedures detailing how they do this. If this does not resolve the issue, then you can make a complaint to the Ombudsman Services Energy. Ombudsman Services Energy (OSE) can investigate if: the complaint hasn’t been resolved to your satisfaction after 8 weeks; or the energy company deadlocks the complaint (they say they can do no more to resolve it) before 8 weeks are up. visit their website: www.ombudsman-services.org/energy.html. OS:E can require the company to correct the problem, apologise, explain what happened, and make a financial award. Its decisions are binding on the energy company but not the consumer.

Buachaill :

2. Your other remedy is to sue in court on the basis that certain of the clauses in the Energy Supply agreement are unreasonable and contrary to the EU Unfair Terms Directive which is applicable to consumer contracts. For example the four year terms is unreasonable as it locks in the consumer to an unduly high contract price. However, this method is much more expensive & I would recommend the OSE instead.

Customer:

does any of this make a difference if it is a small buissness

Buachaill :

3. Small or micro businesses have the right to make a complaint to the OSE. That usually means employing less that 8 people full time. I am sorry I didn't address this point.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10412
Experience: Barrister 17 years experience
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