BES Contract - now warrant issued 2014 - help!!

[NottmLass]

Hi All ! I'm hoping you will be able to help and give me some advice please.

 

My husband has recently opened up a new business. As part of the process I have been helping him as much as I can, even though we have 3 young children.

 

He opened the shop in September 2013 and by the middle of Sept he was inundated with phone calls from BES Utilities.

 

My husband's English isn't very good so the last call he received he gave them my number for me to speak to them.

 

When I took the call it was my understanding that they had already spoken to my husband and he had agreed to something with them.

They went through the whole process of giving me the numbers etc and that my hubby's business would have a standing charge of 0p etc with Npower

and would be charged X amount for usage.

 

 

I did explain that he would be using very little gas, but the rep was very persistant and eventually I agreed to a contract,

however this was based on the information they provided at the time.

 

I now know that that was a very watered down version of the information

and I believe that I was deliberately mis-led with the information provided at the time, so that I would agree to a contract.

 

At the time they asked for my name and asked for bank details to set up the direct debit,

I provided them with my husband's business account details.

 

I spoke to my husband later in the evening and he was furious that I provided his bank details without his permission

and that HE didn't agree to anything and wouldn't do so.

And on reflection I agreed that I was wrong, however felt that as a business they should have asked if I had the account holder's permission which they didn't !!

 

 

 

I contacted BES Utilities to cancel the contract and was told that I couldn't and that there wasn't a "Cooling off" period.

 

 

I contact Trading Standards for advice and was told the same thing.

However I did register my enquiry with them and they were helpful in that they have said that the business is solely in my husband's name,

I don't have any authorisation to make any sort of financial based decisions and that I should contact them to tell them so.

 

I have read the previous threads, re this company and followed some advice.

I have contracted the previous supplier British Gas and asked them to start a Erroneous Transfer,

but they have said that because the supply has already moved over to BES as the supplier that they can't start it, but that I should ask BES to.

 

My husband in the meantime has written to them stating that he is the sole owner of the Mico-business,

no-one has any authority to act on behalf of the business and that he would like the contract to be declared void and a Erroneous Transfer to begin.

He has also asked for ALL recordings in which he has agreed to the contract relating to his business.

 

He did send an email on the 1st November but he still hasn't received a reply.

 

 

On the 20.11.2013 he sent them a letter 1st Class 'Signed For'.

He has checked the Royal Mail website and it has been delivered to BES

- someone called Buckingham has signed for it.

Whether this is a genuine name or not I don't know !!

 

In the meantime I have received a letter from NPower welcoming me to them as a business

and informing me that I have agreed to a verbal contract.

As yet I haven't contacted Npower.

But having researched the Data Protection Act I shall be contracting them to amend their records accordingly in that I don't own the business.

 

I have also researched the Data Protection Act with regard to recording phone calls.

Under the DPA, BES MUST tell you that they are recording your telephone conversation,

which they didn't inform me at the time, however when my husband rang them to try and cancel the contract,

they said they had my recording in which I agreed to the contract.

 

Also they are in breach of the DPA because they took the bank details,

without the account holder's details. Which my husband mentioned in his letter.

 

We also researched the Contract Terms Act 1977, and quoted some terms within the legislation.

 

We also researched contractual law and in his letter the following points were made:-

 

*** In England, a contract whether verbal or written, MUST follow some basic principles in order to be formed:

 

- There must be an offer by a party to enter into a contract on certain specific terms. The offer must be accepted – with no variation of terms of the offer and then communicated.

- If there is a variation, then this becomes a counter offer, which itself must be accepted.

- There must be consideration, so something in exchange for what is being offered.

- There must be an intention to create legal relations. Without intention there cannot be a contract.

 

My husband has stated that there was no intention for him to form a contract relating to his business !!!

 

I have received numerous phone calls from BES asking me to ring them. This is no doubt to do with the fact they have sent a bill for £293 for 2 week usage of GAS !! Thankfully my husband cancelled the DD, so they no longer have any bank details to take the money from.

 

In the last week alone I have received about 7 phone calls and 3/4 voicemails asking me to ring them. I have avoided all phone calls to numbers that I don't recognise and added BES as a contact to me phone and added the 4 different phone numbers they have tried ringing me on. This is so that I know which numbers they are using. !!

 

I shall be emailing UIA, the Data Protection Commissioners Office and Office of Fair Trading to see of they can help with any caselaw which may help me.

 

I have also emailed BES asking them for a unedited copy of the telephone conversation, and a person's name as the single point of contact for my complaint via email. To date I have not received any reply.

 

My understanding is that BES have 40 days to supply a copy of the telephone conversation.. So I shall see !!

 

I would like to think that I am a pretty level headed person, but this has really got me, because normally I would have checked the company before committing my hubby to anything. As a new business my hubby is struggling to find his feet anyway and this issue isn't helping.

 

So any further help, guidance and case law and authorities/organisations which may help would be most useful.

 

I am also seriously considering getting legal advise, because I think they have breached the terms of a verbal contract anyway.

 

Thanks guys.

[silverfox1961]

Hi and welcome to CAG. Sorry your first post was missed.

 

Hopefully my posting will pop this thread on to today's posts where someone with the right knowledge will be able to assist

[Zepher]

I can get you out this contract, and have successfully done so in the past using methods just as honest as BES's business practices.

[caro]

I can get you out this contract, and have successfully done so in the past using methods just as honest as BES's business practices.

 

That's great. If you'd kindly post up how you did this I daresay it may help many other people as well as the OP.

[Zepher]

I can't put my email up as I am only a new user (need 10 posts before it will allow) but I'm with google [email address removed] so email me as I'd rather keep the details private or they may put a stop to it.

[silverfox1961]

I can't put my email up as I am only a new user (need 10 posts before it will allow) but I'm with google [email address removed] so email me as I'd rather keep the details private or they may put a stop to it.

 

Hi

I'm afraid we do not condone email advice. If you have some information that needs to be passed on, you are able to contact any member of the site team by private message.

[Zepher]

I was unaware of the dodgy rip off companies out there until I had a run in with Unicom telecoms (stay well clear)

after my experience with them I researched BES as I had previously agreed a contract with them due to start soon,

and unfortunately an all too familiar story when reading all the horror stories about them.

 

When I received the letter and first bill it was for double the amount on a different contract terms to the one agreed.

 

My methods arent exactly honest but It took me two weeks and I'm now out of the contract.

 

Anyone who isnt adverse towards bending the rules a little (BES certainly aren't) private message me and I'll explain how I done it.

[riddhim1]

Hi Zepher, why not spread the word, so all of us victims of BES unethical tactics can get out of contracts and live better life. I am one of them and most of time is going into thinking about BES rather than promoting my business. Any help will be greatly appreciated.

[NottmLass]

Hi Zepher, I posted the original post re BES. I have tried sending you a message but CAG won't let me. I have sent you a friend's request, so hopefully I may be able message you after that.

 

As an update. My husband has 2 businesses, a previous one which he has now employed someone to run and the current business. He was advised to set up as a limited company, which he successfully did in December.

 

As a limited company, can he now agree a contract with another supplier? Even though he has never had a contract with BES in the first place?

[honeybee13]

Hello guys.

 

The reason that you can't message each other is that you don't have the requisite number of posts.

 

Unless there are specific reasons for posting privately, we encourage all discussions to be help on open forum so advice can be scrutinised, for example. If you post with personal information removed, it should be fine.

 

HB

[Surfer01]

The main way to get out of a contract is a Change of Tenancy and this includes a sole trader becoming a limited company.

[NottmLass]

Hi All,

Thank you for the messages. I have now become aware that my husband can change suppliers because the entity of his business has changed from a sole trader to a limited company. The business was never in my name. I was never a partner in the business. It is all my husband's hard work and family and friends that helped him financially to set up. I have no legal authority or claim to the business.

 

However BES seem to think that because I agreed the initial contract (which I have now been told I had no authority to do so in the first place) that they seem to think that I own the business and sneakily have changed the entity of the business to get out of the contract !!

 

The fact that my husband has another business and wants to limit his liability is something BES aren't aware of or want to be aware of !!

 

They also seem to think that the shop has used up to £2700 worth of gas in about 3 months. In actual fact the shop has used around £250 worth !!! They apparently base their monthly rate of consumption on the previous year's usage !! How this makes sense is beyond me !! So if you had a restaurant in a premise and then that was replaced with a bookshop - the bookshop would have to pay the same consumption charges as a restaurant !!! Somebody please explain this to me ?????

 

Also my husband has asked for a final bill with a breakdown of the charges and to date that hasn't materialised. BES are determined not to let the supply go but they have no legal right to keep him.

 

Someone please advise me. Thank you.

[Surfer01]

Demand a deadlock letter from them explaining why they will not release the supply as you wish to escalate the issue to the Ombudsman.

 

Give them 14 days in which to send this letter otherwise you will be notifying the Ombudsman that they are refusing to send a deadlock letter.

 

Approaching the Ombudsman will cost BES in the region of about £600.

 

The investigation may take up to 8 weeks, but in the meantime get a quote from another company and apply to transfer.

 

If the Ombudsman rules in your favour, BES will be compelled to back pay the difference between their rate and the rate of the new supplier.

 

If by some unlikely chance the Ombudsman rules against you, you can appeal or just stay with BES, but you will not incur any charges.

 

If the appeal fails, you can still take it to the small claims court.

[NottmLass]

Hello all,

Just a quick update. my husband did pursue this through the ombudsman, however they have told him that because the contract with agreed by his wife (i.e. me) that this is a third party dispute, and that there was no miss-selling and that this complaint is not something they can deal with.

 

Also the entity of the business has changed from a business to a limited company.

 

Should my husband demand a deadlock letter ? (even though he has approached the Ombudsman service)?

 

Someone help .... please

[NottmLass]

Hi Shelly,

I am (unfortunately) ! I am in a very similar position to yourself. Agreed a verbal contract with BES without my husband's knowledge or agreement. He was a sole trader at the time, although he is now a limited company (and the only director) on the advice of his accountant.

 

BES have obviously used every trick in the book and are disgusting creatures but they have now applied for a warrant at Magistrates court to enter my husband's business premises on Friday ! Even though he has never agreed a contract with BES and even sent a cheque for £299 for gas consumption which BES have denied receiving.

 

I think I will email Chris Newton and see if he will be able to help.

 

 

Any advice or guidance would be much appreciated. [REMOVED]

 

Thanking You

Edited June 15, 2014 by dx100uk
dx

[dx100uk]

thread title updated

 

now you have a warrant

 

dx

[RMJ]

I am no expert but

 

as far as I know, companies have to first apply to the Court for a County Court Judgement (CCJ)

 

and IF the Court issues a CCJ against you

 

and IF you default on any payments that the Court has ruled,

 

only then can they send in the bailiffs.

 

This link gives good information about how it works. [removed]

 

Hope this helps

Edited June 16, 2014 by dx100uk
link removed - dx

[shelly8748]

Hiya NottmLass

Has there been any developments with your case?

I really hope you have managed to resolve things

[Robtrader]

Hi All,

 

 

Im in the middle of dealing with BES at the moment.

 

 

BES are targetting new businesses and new business owners, using these kind of tactics. Generally, these are small independent businesses - which are in their early years. The businesses are vital to the growth of the UK, and indeed one of the largest tax payers contributing to the country's economy. Its about time the government sat up and saw exactly what BES are doing. I would like to collate stories / statements from other people that have suffered from these guys, and present it to my MP (who is a client) - please let me know if you are interested. My twitter is besrip, lets get a proper conversation going....

 

Rob

[shelly8748]

NottnLass. Any news on your case yet?

[shelly8748]

For the attention and information of everyone on the forum please be aware that Ofgem are now investigating several issues re BES. If you want further information about their investigation then please check out the Ofgem website and look under the investigations tab. You can also register on their website for e-mail updates on how their investigation is progressing.

[BESUtilities]

For the attention and information of everyone on the forum please be aware that Ofgem are now investigating several issues re BES. If you want further information about their investigation then please check out the Ofgem website and look under the investigations tab. You can also register on their website for e-mail updates on how their investigation is progressing.

 

We are happy to comply with Ofgem and always have been, following an almost 10 year untarnished record as a supply business. Investigations are common place in the energy industry and this is one of 16 live investigations across all energy suppliers currently including many of the ‘Big 6’. We treat all Ofgem intervention seriously but we also see it as an opportunity to seek guidance on how to improve our processes and in this instance, as every other, we will be looking to Ofgem to help us tweak our processes for the future. I would encourage people to respect that an investigation is neither admission nor an accusation of any wrong doing, it is simply an opportunity for the regulator to understand in more detail how we approach compliance against a small handful of the many supplier licence conditions which are in operation in the market. Any outcomes of this process we therefore intend to use to strengthen for future growth as we look to continue to take the fight of the smaller independent suppliers to the wider market and in particular, the ‘Big 6’.

Ben Jones – CEO, BES Utilities

[citizenB]

Miranda, I will start a new thread for you and post a link back here.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?436407-Re-Another-BES-Victim-!

 

Link to Miranda's own thread ^^^^