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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a new contract for electricity, it is with BES Utilities. It

Customer Question

I have a new contract for electricity, it is with BES Utilities.
It started on the 29/07/14
I am running a pub and new to the business (7 weeks), I was getting inundated with sales calls and there was a lot of confusion at the time. I went with BES as I was told they were the best for commercial electric and cheapest by a broker, it was all done over the phone talking very fast and very pushy. I agreed to them to supply me.
it now turns out I have a 60month contract witch I cannot get out of, with obscene charges all over the place.
I am a micro business with a 3y tenancy agreement.
is there anything I can do ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will try and help you with this.
Alex Watts : Did you ever sign anything? Were you misled in any way please?
JACUSTOMER-hdkec1c9- :

they say that it was a verbal contract and that its exactly the same as actually signing something.

JACUSTOMER-hdkec1c9- :

they also said that they have a recording of this.

JACUSTOMER-hdkec1c9- :

I believe that I was completely misled and that the so called broker was in fact themselves or a sister company. I felt rushed in to making a choice and it was all done within a few mins. I would have never agreed to a 5y contract, knowing that I am possibly only hear for 3y. they did not point out any of the obscene charges to me and with no paperwork until it was to late.

Alex Watts :

Ok - the bad news is as a business person you have far fewer rights in terms of contracts etc.

Alex Watts :

This is because the Court will consider as a business you have more sense and need less protection.

Alex Watts :

However saying that there are some laws that apply such as misreprsentation

Alex Watts :

This is where one party is induced into a contract by a statement which later turns out to be false

Alex Watts :

If this was the case and you seem to indicate that it was then you have a case of breach of contract by misrepresentation

Alex Watts :

What you need to do is write and set out your position, make it clear there is a breach by false representation.

Alex Watts :

The remedy for this is that both parties go back to the position they were in before the contract started.

Alex Watts :

You can pay for the energy used, switch and tell them to see you in Court for the balance.

Alex Watts :

They would need to prove to a Judge that they knew of the position, the statements were correct and you were not misled

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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