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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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I am aware that there is a 14 day cooling off period

Resolved Question:

I am aware that there is a 14 day cooling off period for new consumer energy contracts, but please could you tell me if there is a similar cooling off period for new business energy contracts.
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.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Hi Jo

I am a partner in a business. I have recently agreed over the telephone to 2 year fixed price for our business electricity. I have subsequently found that an alternative supplier would provide a much cheaper price. Please can you tell me if there is a cooling off period for this type of contract.

Expert:  Jo C. replied 2 years ago.
Did you agree cooling off rights?
Customer: replied 2 years ago.

There was no specific mention of cooling off rights in the telephone conversation. However, the subsequent supplier who quoted the much lower price, believed that a cooling off period would apply to the original contract.

Expert:  Jo C. replied 2 years ago.
Ok.
And i suppose you were acting in your business capacity rather than as a consumer?
Bearing in mind that business can be a consumer sometimes.
Customer: replied 2 years ago.

I confirmed that I was acting as a partner in the business. The business has 3 partners who jointly trade as ' xxxx', and electricity is used in the manufacturing process as well as for heating and lighting. Does that help?

Expert:  Jo C. replied 2 years ago.
There is no way around that then. You were acting as a business.
I'm afraid the DSR still does not apply to business purchases and so there is no automatic cooling off right. That said, the company might not know that as they are not lawyers so they might well cave in if you try to cancel under the DSR.
Also, they would only have a lost profits claim even if you did cancel unlawfully which will be nothing like the sum due under the contract.
They would probably let you cancel anyway if you paid a severance amount by you might well prefer not to do that for obvious reasons.
Sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
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