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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi. Could you please help! Back in September i instictivly

Customer Question

Hi. Could you please help! Back in September i instictivly entered into a 'Business' utility agreement after being told inaccurate information regarding my current supplier. I agreed to to switch suppliers but quickly changed my mind two days after subsequnet to me speaking with my current supplier and realising i had been told a load of rubbish basically. I thought i had cooling off rights especially with it being a distance sell (over the phone) but have since found out i dont have the same consumer rights as a business. They proceeded to bill me a termination fee and some other standing charge fee of £140.18. At the time of setting up the agreement they sent me an email which i was to forward to my current supplier EON asking them to release me. I never did this and EON duly BLOCKED them from being able to take over the account. So in my opinion they never had it?? on the 20th December they took the amount directly out of my bank account. When i disputed it this was there response: "We commenced supplying electricity to your premises on 25th November 2013, therefore the termination fee stated below would only apply if the supply did not go ‘live’ with us" Why the heck would they have been supplying electricity to our premises on the 25th November when we disinstructed them back in Septemeber?! Even more worrying is that this company has our card details and proceeds to take out a DD even though the agreement was cancelled and the DD should have been too. Can I do anything to get this money back? Thank you in advance for your help Rebecca Rawson
Submitted: 4 years ago.
Category: Law
Expert:  Nicola-mod replied 4 years ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 4 years ago.

Okay. Thank you for responding. I will await a response. Rebecca

Expert:  Nicola-mod replied 4 years ago.
Hello Rebecca,

We will continue to look for a Professional to assist you.

Thank you for your patience,

Expert:  Ash replied 4 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Just to confirm, you were acting a business, not a consumer?

Customer: replied 4 years ago.

That is correct. Thank you. Rebecca

Expert:  Ash replied 4 years ago.
As you know as a business you do not have any cooling off rights. If you were told inaccurate information then this is breach of contract by misrepresentation.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?