BES Utilities - change of tenancy issues - advice needed

[anthonyd923]

We have recently taken over a commercial property who were supplied electricity through BES.

 

After lots of hard work we've finally managed to change the electric supplier to EDF. Much better contract and much less money.

 

BES want to charge us for the period between taking over the tenancy and today. The rates they have stipulated are a £1.50 standing charge per day, and a rate of 22p per KWA usage.

 

Are the above rates fixed? Is there any way we can object and get a lower tariff? Seems harsh that we never entered a contract with BES, yet they are able to charge us these ridiculous rates, because the previous tenants dealt with them.

 

Any help much appreciated.

[ploddertom]

They will be their "deemed" or Out of Contract rates and although you & I may think them very high unfortunately they get away with it. Do make sure you had a correct meter reading when you moved in and again when you change over - these people seem renowned for sending guestimated bills which are absurd in their size.

[BankFodder]

I would like to come in here and say that although the contract is "deemed" and you have to accept that if you are receiving electricity then they will be a contract with someone, that is not to say that BES – who are the subject of a huge number of complaints on this forum and elsewhere are entitled to impose their own unilateral rate for the supply.

 

This goes against common sense and also any basic understanding of law.

 

Although the Supply of Goods and Services Act relates only to contracts with consumers, it seems to me that there is a read across to many other kinds of contract.

 

Section 15 of the Supply of Goods and Services Act says that where no price for services has been agreed, then a reasonable price will be implied.

 

This seems to me to be a very sensible basis for deciding the cost of an item or service where one party has been forced to contract with a supplier "a deemed contract" until such a time that arrangements can be put in place for the customer to move elsewhere.

 

This very sensible rule seems to me to be even more appropriate where the customer has no choice about the contracting partner, because it seems to me that in that case the supplier is almost in a position of trust. A supplier would only be entitled to impose an excessive tariff for electricity of other services if that tariff had been negotiated with a partner of equal bargaining power who had a real choice.

 

In another thread, I asked BES Utilities if they would like to answer some questions about deemed contracts and the cost of electricity and they did not reply although I know that they visited the thread and they are fully aware of the question. http://www.consumeractiongroup.co.uk/forum/showthread.php?437765-BES-Utilities-customer-service-question-for-you-please

 

I am quite convinced that this is a route that they would rather not go down for fear of losing money which they are receiving on the basis of extortionate charging for other "deemed contracts".

 

Let me hurry to say That BES Utilities are not the only people in on this game.

 

I think that you have no basis for challenging the existence of a deemed contract. However, I think that you have an excellent basis for challenging the high price that you are being charged when you have been given no choice as to your contracting partner or any opportunity to negotiate the price.

 

If you want some help with this, we would be happy to support you in any way we could.

 

I really wonder whether BES utilities would dare to go to court for this because if they lost – and I think that there is a high chance that they would lose – they would be in a position where they would not be able to do it again and also they would have to refund a lot of money to a lot of small businesses.

 

I think that you have to decide what you are prepared to do.

 

What is the price that you are being charged so far? And what would be the price that you would be paying if you were in a position to negotiate your contract with a free hand