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BES - Been tricked into a 5yr contract.

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Just been had by BES, wish i researched them before hand.

 

I've been had by these BES also. Is there a way of getting out of the contract quickly ?

 

Hi,

 

Been tricked into a 5yr contract with BES by a broker, 'Concept Industries'.

 

Called BES to be released from said contract, but can't.

 

Any help is appreciated for a quick solution.

 

Thanks

KB

Edited by citizenB

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I would suggest that you give far more detail so that those who are in the know can help you.


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Moved into premises on 10th June.

 

I started getting calls from 'Concept Industries', telling me I was getting charged high rates as I was a new tenant in property. I was told BES are the cheapest supplier in my area by far. They gave me figures for 2 other suppliers, which were higher than BES's rates.

 

I asked If I could source my own supply, but was told that I couldn't and had to take it through them. (I have now found out this to be a lie, I can source my own supply)

 

 

So under pressure verbally agreed to a 5 yr contract.

 

I've told BES about the conduct of the broker but they don't seem to care. They just keep on telling me I agreed to a 5 yr contract with them and I can't leave.

 

I need help please.

 

A quick soluton would be the best, but I know it may take time.

 

 

Any help is appreciated.

 

Thanks

KB

Edited by citizenB

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The guys will be along as soon as they are available.

 

Can you give more details of the alleged trickery please?


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Personally, I would challenge this. The broker is a agent of the company and he lied. I would even take this to a solicitor and see what he has to say.

 

 

Everyone who has been on here with this same problem seem to have just accepted there is nothing they can do, well there is, including court.

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have you contacted the Utilities Intermediaries Association yet?


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I haven't contacted the Utilities Intermediaries Association, will do asap.

 

I'll get back with what they say.

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I have merged some of your posts to keep your thread tidy.


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The number of complaints and various investigations against this company are breathtaking.

 

Clearly there's an awful lot of people in the country who think that they and their associated companies are scoundrels.

 

Here's just some of the links that I found and frankly there were so many more I just didn't have the time to start collecting them all.

 

http://forums.moneysavingexpert.com/showthread.php?t=4128345&page=2

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262060-BUSINESS-ENERGY-SOLUTIONS-dodgy-contract-sign-up-process-BE-VERY-AWARE!!

 

http://www.telegraph.co.uk/finance/yourbusiness/2792559/Watchdog-criticises-firms-transfer-policies.html

 

http://www.thisismoney.co.uk/money/article-1707096/Power-price-rogues-cost-me-my-shop.html

 

http://www.thisismoney.co.uk/money/article-1372679/Energy-supplier-Business-Energy-Solutions-faces-class-action-contracts-row.html

 

http://0lly.uk/2013/09/26/[problem]-bes-energy-central-network-meter-registrations-the-meter-registration-service/

BES Commercial Electricity Limited - Notice of revocation of gas supplier licence

 

http://www.sourcewire.com/news/70101/the-energy-advice-line-calls-for-watchdog-to-help-businesses#.U72AILGiW5I

 

http://www.freeindex.co.uk/business-advice/under-contract-with-british-gas-but-bes-says-i-have-contract-with-them_19988.htm

 

http://energybroker[problem].blogspot.fr/

 

http://www.utility-exchange.co.uk/ofgem-investigates-objections-to-bes-gas-electricity-supply-licence-applications-13282/

 

http://www.which.co.uk/switch/news/2012/01/best-and-worst-energy-companies-revealed-276248

 

http://www.idealenergyuk.co.uk/2013/01/energy-brokers-face-clampdown-as-watchdog-may-ban-rollover-deals/

 

http://www.complaintsboard.com/complaints/bes-commercial-energy-mis-sold-energy-contract-amp-prices-c620887.html

 

Of course, if people recorded their calls then this would never happen. I really don't understand why at least distances don't routinely invested a decent call recorder and record all of their calls.

 

If you record your calls, you will never regret it – ever. If you don't record your calls, you will live to regret it one day


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You could try asking the brokers for a copy of the recording of their unsolicited call to you and ask them where to send the £10 for the SAR.

If they claim no tape made or kept then they are on a sticky wicket whn it comes to a contractual obligation.

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We were caught out by a broker from UK Energy and ended up with a 5 year contract for BES to supply our gas and electric at a variable price, which is not what the broker had told us as he said it was a fixed price. Needless to say he only recorded the part of the call where he was not lying and conning us.

We have fought BES all the way and have finally got them to change it to a 12 month fixed price contract, although having to give a penny to that company is annoying to say the least.

Now we are going to take the broker to court and are starting the ball rolling on that front.

People have to stand up and fight these appalling business practices.

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Please keep us up on how it goes Shelly, these brokers really are the lowest of the low. If cag didn't have a swear filter I would say what I really think of them.

 

 

Any future discussion with anyone, make your own recording.

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i am unsure so my answer is totally subjective

 

I was under the impression Consumer contracts cannot be made beyond 24 months. Did the mobile phone companies not try that one.

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Good afternoon,

 

Commercial contracts vary in length, generally between 1 and 5 years, and different suppliers offer a range of products to suit the individual customer's needs. You can find more information about business energy contracts on Ofgem's website under the 'information for consumers' section.

 

If you have any questions relating to a BES contract, please get in touch with us and we'll be happy to look into this for you. Our Customer Services number is 0844 5678 427.

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In my experience the length of a commercial contract depends very much on if you are being conned and lied to by a third party broker (selling contracts on behalf of energy companies) and the length is determined not by the needs of the customer but by how much commission that broker can earn!

 

 

Some of the brokers that we have dealt with have been incredibly professional and helpful whereas others are the exact opposite.

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Good afternoon,

 

Commercial contracts vary in length, generally between 1 and 5 years, and different suppliers offer a range of products to suit the individual customer's needs. You can find more information about business energy contracts on Ofgem's website under the 'information for consumers' section.

 

If you have any questions relating to a BES contract, please get in touch with us and we'll be happy to look into this for you. Our Customer Services number is 0844 5678 427.

 

01567 553582

^^ Landline number

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As far as I am aware, as of March 2014, it is in fact illegal for energy companies to use 0844 numbers. They should all be using 0300 or 0345 etc numbers.

 

Source?

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Very good point Neil...research on the internet shows that from 13th June 2014 it is illegal for companies to use 0844 numbers for a post sales customer line. If anyone wants to look into this in more detail then try googling The Consumer Contracts Regulations 2013 for more detail.

 

 

The wording that I have seen states 'Where a trader provides a contact number to a consumer in connection with a contract, calls must not be charged over the basic rate. If more than the basic rate is charged , the trader will be liable to compensate the consumer for charges over the basic rate'.

 

 

So, BES Utilities poster (who still hides behind a veil of anonymity) can you confirm that BES Utilities 0844 number is charged at the basic rate and, if it is not charged at the basic rate, will you be changing the telephone number to comply with the law and automatically refunding any of your customers who have had to use the 0844 number since 13th June 2014? According to the Which website customers who have had to use a surcharged number for services they have bought, or to deal with a complaint, they have an automatic legal right to claim back the money from the company.

 

 

I am sure we all await the response from BES Utilities poster to the above.

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Very good point Neil...research on the internet shows that from 13th June 2014 it is illegal for companies to use 0844 numbers for a post sales customer line. If anyone wants to look into this in more detail then try googling The Consumer Contracts Regulations 2013 for more detail.

 

 

The wording that I have seen states 'Where a trader provides a contact number to a consumer in connection with a contract, calls must not be charged over the basic rate. If more than the basic rate is charged , the trader will be liable to compensate the consumer for charges over the basic rate'.

 

 

So, BES Utilities poster (who still hides behind a veil of anonymity) can you confirm that BES Utilities 0844 number is charged at the basic rate and, if it is not charged at the basic rate, will you be changing the telephone number to comply with the law and automatically refunding any of your customers who have had to use the 0844 number since 13th June 2014? According to the Which website customers who have had to use a surcharged number for services they have bought, or to deal with a complaint, they have an automatic legal right to claim back the money from the company.

 

 

I am sure we all await the response from BES Utilities poster to the above.

 

 

I take it your are referring to this bit?

 

Help-line charges over basic rate

41.—(1) Where a trader operates a telephone line for the purpose of consumers contacting the

trader by telephone in relation to contracts entered into with the trader, a consumer contacting the

trader must not be bound to pay more than the basic rate.

(2) If in those circumstances a consumer who contacts a trader in relation to a contract is bound

to pay more than the basic rate, the contract is to be treated as providing for the trader to pay to the

consumer any amount by which the charge paid by the consumer for the call is more than the basic

rate.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

 

Also, who is operating under a veil of anonymity? BESUtilities are an admin authorised poster so we are happy with their "bona fides". However, that doesn't mean to say that they will get an easy ride here given the volume and nature of the complaints against their outfit.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

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Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Call me old fashioned but I always like to know the name of the person from the company I am dealing with rather than them hiding behind a corporate identity. That way I can either contact the company and pass on praise if they provide a good service, or I know who to formally complain about if they provide a poor service, are caught out lying, fail to respond to a specific question or who to name when legal action is required.

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Thank you for your enquiry regarding call charges. To confirm, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 classify a consumer as follows:

 

Part 1 - Regulation 4: In these Regulations —

 

“consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;

 

BES Utilities supplies gas and electricity to commercial customers only and therefore these Regulations are not relevant in this case.

 

Several members of staff post from the BES Utilities admin account, hence these posts are not from one named individual; however, any response to queries received into our forums mailbox include personal contact details.

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Dear Neil,

 

You are correct in that these are definitions but definitions in Statutory Instruments are designed to inform the reader of the meaning of the word/phrase.

 

The Regulation itself refers to, amongst other things, Traders and Consumers which are clearly defined at Part 1 Paragraph 4. As stated previously BES do not contract with Consumers and therefore any section of the Regulations that refers to Consumers and Traders does not apply to BES (see below). I would also refer you to the Department for Business, Innovation & Skills Implementing Guidance for these Regulations which clearly states that they only relate to a Trader selling goods or services to a Consumer.

 

You state in your post that there is a definition of “Business” and you have purported to copy that within your post. The Definition of business is set out at Part 1 Paragraph 5 and it states- “business” includes the activities of any government department or local or public authority;” I fail to see the relevance of your comment relating to “business.”

 

The excerpts you’ve posted above which you allege are the definitions of business are actually Part 1 Paragraph 6 of the Regulation that relates to limits of application of the Regulations and not the definition of business.

 

Turning to call charges which was the original query raised, the Site Manager referred to section 41 of the Regulations. This section clearly refers to Traders and Consumers and in that respect I would refer you to the above definitions again and the guidance above.

 

Our interpretation of the Regulation in question is that the additional protections introduced by this legislation apply to “consumers”, as defined by the Act (and as described in our earlier post). As such, the regulations are clear as to what applies and what does not. It may be that your own legal adviser has a different interpretation.

 

Regards,

 

Joel Chapman – Head of Regulation, BES Utilities

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Hiya Neil

 

 

You ask about BES and morals...an interesting concept but not sure it will catch on

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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.

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