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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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I have been duped into a 5 year fixed term business electricity

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I have been duped into a 5 year fixed term business electricity supplier contract via a recorded verbal telephone agreement. I was contacted by someone purporting to work for an independant utility broker. They sid my electricity meter was unregistered and that I was out of contract with my current supplier (British Gas) He then went on to tell me that e had looked for the best deal and gave me three quotes. Two with recognised firms and one with a company called BES Commercial electricity. BES were the best quote, Before that he told me what my current charges were with British Gas. This I found later was completely wrong and widley over inflated. Foolishly I agreed to the contract. When the contract came in the post the next day. It said that I waso a tracker contract. I had expressly stated that I thought it was a fixed rate price for the 5 years. Basically the broker (who probably works for BES has lied through his teeth to get my business. I am desperately worried. He also told me there was no 7 day cooling off period. I want out of the contract which was agreed on 11/02/14. Is it possible for me to cancel?

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do you accept there was no cooling off period?
Customer: replied 4 years ago.

The broker never said anything until I mentioned it. He then said that there was no cooling off period.

Well, OK, but you did not ask and insist upon a cooling off period?
Customer: replied 4 years ago.

No because I thought that I was getting a good deal. the figures he told that I was cureently paying were completley wrong. I did not have any bills to check what he was saying was correct. Itook him for hs word. When I got back home and checked a recent bill I was horrified to see that I had accepted BES rates which are much higher that my current rates with British Gas. As I said before , he told me a pack of lies.

Have they offered anything that they have not provided ? Or do you just not know at this stage?
Customer: replied 4 years ago.

No not yet. Except I haven't got what I thought I was getting. eg Fixed rates for 5 years, a better rate that I'm currently on etc. Surely this is a case of mis-selling and deliberately mis leading the customer. If you look at blog sites for this company you will see many more worried and disgruntled customers who have fallen for the same scam.

Yes, that might be right but it doesn't amount to evidence in your case.

You could try to argue that there was a misrepresentation upon which you relied to enter the contract. Obviously I haven't heard the telephone conversation or their account for this and there might be a defence open to them. Its impossible to say on this information.

They haven't defaulted upon what they offered so there isn't a breach of contract point allowing you to cancel.

You seem to accept not agreeing cooling off rights and they are rare with business customers.

Even if they do sue though and the misrepresentation fails they still only have a claim for their lost profits which will be nothing like the sum of the contract. The chances are that they will not sue anyway but even if they do that is all they could claim.

Hope this helps. Please let me know if you need more information.

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