Hi - I sent them the following yesterday but have not received a response:
"Gary - thanks for your reply.I trust that you are familiar with the Domestic Bulk Liquefied Petroleum Gas Market Investigation Order, 13th October 2008.I would like to refer you to:Part B2.5 If a customer does not want a tank transfer, the customer can indicate in a notice oftermination of contract that the customer wants the existing tank to be uplifted...and13.1 When a tank is uplifted, the existing supplier shall not charge the customer....Now, although these are in the context of changing supplier it is clear the intention is that customers should not be charged uplift. On this basis I once again request that you agree to uplift my tank and no charge and reimburse me for the gas remaining in the tank.Finally, note that you cannot determine that the contract has not terminated if I decide to terminate the contract and give you notice of this.Thanks- Nick"
Here is their response to my drawing their attention to the articles in the Order:
Nick – Thanks for your email.
Unfortunately your reference to the ‘Domestic Bulk Liquefied Petroleum Gas Market Investigation Order, 13th October 2008’ would only be relevant if you were entering into a switching process. This would involve you signing a ‘Notice 1’ with the new supplier, they would then send this to us showing your intention to switch. We would then send a valuation of the tank to the new supplier, at this point you would be able to indicate that you would not want a tank transfer, however you would then have another tank installed by the new supplier and then be responsible for their uplift charges, and possibly their installation charges depending on the terms of your new contract.
You should to write and set out your losses and ask for a refund within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy. If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The Court will then issue the claim which will be sent to the Defendant and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation. Can I clarify anything for you about this today please?
Alex - I have not suffered any loss.
There is a large metal tank with Liquid Petroleum Gas (LPG) in in in my garde.The tank is rented from a firm Extra Gas.I have rented the tank for 5 years (this is relevant because there was a 2 year exclusivity clause)I no longer need the tank.I want Extra Gas to remove their tank without charging an uplift charge and to refund me for the gas in the tank. They want to charge me £250 and keep the £200 of gas.There is a ‘Domestic Bulk Liquefied Petroleum Gas Market Investigation Order, 13th October 2008’ order you need to read to understand this case.Simply suggesting I go to court is not what I need. Currently I have not suffered a loss.
I want to know if the ‘Domestic Bulk Liquefied Petroleum Gas Market Investigation Order, 13th October 2008’ articles mean they cannot charge me an uplift charge when I am not changing supplier but rather no longer require bulk gas so no longer require neither a tank nor a gas supplier.
I would like to know if I should terminate the contract and if so what I should do in terms of instructing them to remove the tank.
Yes you can terminate.
If they try and claim the costs you can say sue me
If you want to recover the gas stored you will probably have to sue them
They are not going to budge
But once court proceedings are issued, they are likely to get a very different approach
Does that clarify?
Hi - Alex thanks that clarifies. So you think I can rely on the Domestic Bulk Liquefied Petroleum Gas Market Investigation Order to back my assertion that I should not be charged an uplift?
Yes I think you can
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