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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice
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I am the practice manager of a vets surgery I recd a telephone

Customer Question

I am the practice manager of a vets surgery
I rec'd a telephone call from what I thought was a regulator who told me we were not registered with any utility I said I thought I had sorted that, that I had been called from
existing supplier and renewed. She said "no but I will just check again" she then said no your not registered with anyone and you have to be.
So she gave me options and prices and I picked one. At this point she said "just hold on a minute while I switch on the recording"
I was contacted by E.On who told me they had stopped the switch because I had a contract with them until march 2015 they also told me I didn't need to be registered and I had in fact been contacted by a broker.
The new contract with besutilities is dated 1st September 2014.
On Friday 5th September I emailed besutilities and said the contract could no longer go ahead as the switch had been stopped because I had a contract in place as I had said at the very beginning.
besutilities have replied by email today saying they have acted fairly and the contract is legal and binding.
Do I have a cooling off period?
Cath
.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you mean Best Utilities?
Customer: replied 2 years ago.

I was told BES

Expert:  Jo C. replied 2 years ago.
Have they provided any utilities?
Customer: replied 2 years ago.

Not that im aware of e.on stopped the switch

Expert:  Jo C. replied 2 years ago.
Did you agree for the switch to be within 7 days?
Customer: replied 2 years ago.

Not sure it was all done over the phone

Expert:  Jo C. replied 2 years ago.
Well, did they try to make the switch within 7 days?
Customer: replied 2 years ago.

They may have because e.on have written to us 3rd September to say they have stopped the switch.

Expert:  Jo C. replied 2 years ago.
Thanks.
It depends what you did agree to here.
On the face of it, you are covered by the distance selling regulations. The only thing I can think is that they say it doesn't apply because you are a business but its not really very likely. Mostly the providers don't know that.
If you did agree that the supply should start within 7 days then the DSR does not apply.
However, if you are saying that you were misled then you would be able to escape on the bassi of misrepresentation.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Should I write to BES explaining misrepresentation I am only concerned that they said conversation was recorded, but the recording was only at the end.

Expert:  Jo C. replied 2 years ago.
The conversation would have been recorded but if you know that was what was said then it matters not.
You can write to them setting out the misrepresentation.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for information but not sure what I do next

Expert:  Jo C. replied 2 years ago.
Its not really for you to do anything.
If they want to enforce this then they have to sue you. To sue you, they will need to go into court. Then you will have chance to defend this
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you that's clear. I feel much better now

Expert:  Jo C. replied 2 years ago.
No problem.

All the best.

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