help got rid of BES Utilities now having even bigger problems with Opus energy

[annieglue]

can bes take over a residential property electric supply as they only do commercial electricity

I need to no as been miss sold a contract

 

please help

 

the last few days have been hell

 

bes utilities phoned me saying they were acting on behalf of my hopefully soon to be landlord no lease signed

 

I have ended up in a contract

 

some how I have been bullied and feel forced into this contract

 

really not sure wat to do as I don't have a lease yet or permission to change the electricity supplier

still they say I cant get out of it

 

they say they are going to take over the electric suppy on the 25th and there is nothing I can do

 

they also said the supplier at the moment cant reject the take over

 

apparently I have no choice but to go with them

 

all I want to do is get out of this contract.

 

also the address on the contract is a residential house

 

helllllppppppp

[silverfox1961]

Hi and welcome to CAG

 

As far as I am aware, they are only supposed to supply small and medium sized businesses. I will keep looking for more info

 

Just checked on the OFGEM website and they are only licenced to trade with businesses and not domestic customers.

 

They must let you go.

[annieglue]

will they still try and take over the contract on a residential house

 

really don't want to speak to them

 

dos this make the contract void

 

dos any one no I would love just to rip it up

 

they have been a complete pain and have been suffering badly for one phone call

[silverfox1961]

Contact your existing supplier and ask them to block the transfer, explaining that you are a domestic customer and BES are a commercial ONLY company.

[annieglue]

the problem is because I didn't have a lease I gave them the wrong address by 2 digits

I tried to tell them the right address but when the contract turned up it had the wrong address on it

 

I don't no what to do

 

I am in a lot of trouble with my hopefully soon to be landlord and might not even get the lease

 

after this we sent them an email saying if we cant sort it out in the next 10 days we will have to look for legal help

 

we have reported them to ofgem and spoken to citizens advice

but because they want to take over the supply on the 25th

there is no time to try ofgem arrrggghhhh

 

they also miss sold me a contract as I would never of agreed to a 60 month contract that wasn't made clear

when I only hopefully have a lease for 2 years

 

my hopefully new landlord says even with a lease I wouldn't be allowed to change providers

but when I said this to bes utilities they said they needed a lease to prove I cant change providers

 

they are being incredibly difficult I am young and made a very silly mistake I no this but there must be some way out

 

any ideas of what I should do

 

I have tried every thing

 

but we will run out of time soon far to quickly especially if they can force there way

 

even if the current provider is told not to let them as this is wat they have told me

[silverfox1961]

BES are well known on this forum for their treatment of customers. Do a simple search and you will see. Just because they say you can't do something doesn't mean that is true. You still have 18 days to get this sorted. As well as contacting the existing supplier, file a complaint with BES. You can use the contact us section on their website but follow it up with a letter by snail mail.

 

The only way BES could ever take over a supply is if you didn't have your own meter and paid the landlord for your energy usage.

 

Make OFGEM aware as well as they are investigating BES for their shady tactics. If you need addresses for BES, let us know.

[annieglue]

sorry just very stressed every thing you have said has been helpful hope u have a good night

[silverfox1961]

Check to see if your existing supplier can be contacted over the weekend. They usually do. Who is the existing supplier?

 

As Honeybee has said, it can be quiet over the weekend but as you still have time to block this transfer try to de-stress for tonight.

[annieglue]

I think the existing supplier to the place we might get a lease is hydro electric

 

I think not sure about the residential house which is on the contract like I said

 

I did tell them the actual address which seems to have been ignored

 

even though we don't want the contract and at all cost will try and not let them

 

if they ignore the fact I did tell them and do not send a different contract

 

dos the one they sent me stand for any thing

 

is it worth going to a lawyer

 

I am trying not to worry thank you.

 

you are being so helpful

 

please don't worry if you are busy tonight

 

I can wait till tomorrow for a reply I understand that you are volunteers and need life too

[neil-uk]

I'm afraid your story doesn't particularly surprise anyone here - but there are now a team of people that are taking on BES with some vengeance, if you would like to private message me then I will gladly pass their details.

 

I should point out they are NOT lawyers or people who charge for their services, but I am prohibited from disclosing who they are for reasons of prejudice.

 

Make OFGEM aware as well as they are investigating BES for their shady tactics

Tut tut Silverfox, that's defamatory!

[steviehowie]

Dear Annie,

 

For a contract to exist ,

I sure the legal boys will have more to say, you need offer, acceptance, consideration, intent/ requirement

to create legal relationship between the parties and be consuming the product.

 

Now as you have not moved in you are not consuming so keep doing so.

You have not made any payment ( consideration), so keep doing so.

This breaks the consideration element of the contract .

 

I think you have not accepted BES offer? so write to BES and tell them. Hence no acceptance.

 

Its clear you do not wish to create legal relationship, with BES so a simple letter making that point should be sent, also stating other pertinent facts.

 

So in simple terms you may not have a contract as you need all the elements stated above and clearly certain elements are missing.

 

But in any event you have a cooling off period where you can withdraw from such a contract, if it ever existed in the first place.

 

Notwithstanding the legal side of things

have a look at the 2014 standard licence conditions below

( I have not yet looked at the latest version which came into force on the 31 December 2014 ,

but in the topic below called Scottish Power end of deal hassle,

 

 

Mike Hawk on the 4 March 2015 has provided a link for you to see the latest SLC document for the year 2015.

Have a look yourself for any additions or amendments to section 22.

 

Most importantly have you an offer which satisfies 22.5 (b)?

I doubt it because none of the energy companies might this provision.

People check your contracts today.

 

But some other points to help you:-

Standard Licence Condition 22 ( pursuant to the Electricity Act 1989 ).

 

SECTION B: STANDARD CONDITIONS FOR DOMESTIC SUPPLIERS

 

Condition 22. Duty to offer and supply under Domestic Supply Contract

 

Licensee’s obligations

 

22.1 If the licensee supplies electricity to Domestic Premises, it must do so under a Domestic Supply Contract or a Deemed Contract.

 

22.2 Within a reasonable period of time after receiving a request from a Domestic Customer for a supply of electricity to Domestic Premises,

the licensee must offer to enter into a Domestic Supply Contract with that customer.

 

22.3 If the Domestic Customer accepts the terms of the Domestic Supply Contract offered to him under paragraph 22.2,

the licensee must supply electricity in accordance with that contract.

 

22.4 A Domestic Supply Contract must:

 

(a) be in Writing; and

 

(b) include all the terms and conditions for the supply of electricity, including:

 

(i) a term separately identifying the Charges for the Supply of Electricity and the charge for any other good or service to be provided; and

 

(ii) a term reflecting the provisions of standard condition 24 (Termination of Domestic Supply Contracts)

in relation to the ending of the contract in the circumstances set out there.

 

22.5 A Domestic Supply Contract or a Deemed Contract with a Domestic Customer entered into or negotiated

on or after the day after the day on which the Electricity and Gas (Internal Markets) Regulations 2011 are made must include:

 

(a) the identity and address of the licensee;

 

(b) the services provided, including any maintenance services provided, and any service quality levels that are to be met;

 

© if a connection is required, when that connection will take place;

 

(d) the means by which up to date information on all applicable tariffs and maintenance charges may be obtained;

 

(e) any conditions for renewal of the Domestic Supply Contract;

 

(f) any compensation and refund arrangements which apply if contracted quality service levels are not met,

including inaccurate and delayed billing; and

 

(g) information concerning the Domestic Customer’s rights as regards the means of dispute settlement available to them in the event of a dispute with the licensee including how dispute resolution procedures can be initiated.

 

Also create a chronological list of events from start to finish with dates , times, telephone conversations', letters offer from BES if it exists etc

 

Also asquint yourself with,

 

 

1. The Distance Selling Regulations no longer apply in UK law. As of 13 June 2014 the new Consumer Contracts Regulations
   
2. - which implement the Consumer Rights Directive in UK law - apply to all purchases you make at a distance.
   

This includes shopping online, by mail order, over the phone or through a TV shopping channel.

 

I think the new regs will apply in your case.

 

Stevie H

[annieglue]

thank you so much for the advice

 

 

I going to send a letter and email stating I do not want to be in the contract

and why and why I think they miss sold and quote pieces from which you were speaking about

 

 

I really don't want my hopeful landlord involved as I really would like the shop.

 

 

do you no whether they could take over the contract on a residential house and whether we would be doing wrong if it came to it

and we didn't say about the actual address

 

 

I did give them the right number on the street but they havnt put it on the contract that was sent

[BESUtilities]

We're sorry to hear you're having some problems with your BES contract and would be really keen to look into this for you. Please contact us via our dedicated online team mailbox and we will get back to you: [email protected]. We need as much information about your supply and some contact details for you.

 

We hope to hear from you soon.

 

Best wishes - The BES Utilities Online Team

[annieglue]

I have decided to wait till I have spoken to citizens advice before sending any more information

 

 

I am willing to battle my case tooth and nail

 

 

as I said I have gone to ofgem and I am also going to contact our MP who is also secretory of state of Scotland

as I think the way they treat there customers and soon to be customers is awful from wat I have seen

[nottslad]

Hi Annie

 

If the supply of energy is for a domestic property, then BES are bound by a 14 day cooling off period as prescribed in law in the Distance Selling Regulations. This means that you have 14 days to cancel a contract without penalty.

 

I'm not 100% sure BES have a licence to sell to residential consumers either, which would then mean that any contract they have put in place is absolutely not worth the paper it's written on so to speak

[annieglue]

from wat we have read and researched they can only supply commercial property's which I would assume means they would be breaking there trade terms by taking on a residential property but this is wat we aren't sure about they also didn't take into account the size of my business I am well and truly a micro business as it is just me

[nottslad]

So is it a domestic property or is there a business element?

 

Would you have to pay business rates or council tax would be the quickest way to tell whether you should be paying business or domestic electricity

[nottslad]

Hi Annie

 

I've just checked with Ofgem https://www.ofgem.gov.uk/ofgem-publications/93746/externalelectricitylist.pdf

 

BES are only licensed for non-domestic supply of energy. If the property the supply relates to is a domestioc property then they cannot supply you. If I were in your position, I would look up the property on the council tax (Valuation Office Agency) website and send therm a screenprint of the property details. This proves it is domestic and therefore they cannot supply it. Their contract would be unenforcable as they are not licensed to supply you. By insisting to carry on with the contract they would be in breach of the licence they have

[BESUtilities]

I have decided to wait till I have spoken to citizens advice before sending any more information

 

 

I am willing to battle my case tooth and nail

 

 

as I said I have gone to ofgem and I am also going to contact our MP who is also secretory of state of Scotland

as I think the way they treat there customers and soon to be customers is awful from wat I have seen

 

Hi,

 

Unfortunately we can't try to resolve your complaint without some further information from you. We really want to help sort this out as quickly as possible, so please just get in touch via [email protected]

 

We hope to hear from you soon.

 

Kind regards,

 

The Online Team - BES Utilities

[annieglue]

to the BES person how long does it take for a reply from the email contact you gave me

[annieglue]

can any tell how long legally these companys have to give you terms and conditions out of interest mainly for a friend with a similar problem

[annieglue]

I am now awaiting a phone call back from BES I will keep you up dated

[shelly8748]

Hiya annieglue...insist on everything being done in writing or via e-mail so that there is no dispute about what is being agreed. Alternatively ensure that you record every part of the telephone conversation with them to ensure that there is a true and accurate record of what has been said, discussed and agreed.

 

 

Please keep the forum updated with progress as there are plenty of people on here who will be willing to help you

[annieglue]

I have heard back from BES

they still say I cant cancel the contract as I apparently was not miss sold a contract

 

 

we are now seeking more legal help as we are not afraid to take them to court.

but my problem is how can this contract not be void

 

the address is a residential address on the contract

 

I don't have permission to change the supplier

 

I have no access to the property

 

I cant give any information on the meters because of above

 

I would never of signed up for a 60 month contract at any point in my life

 

I have no lease on the property and never will

 

but yet they are asking for a lease to prove I cant change the supplier

 

this is getting beyond a joke

 

they say they have to check the address to change supplier on the contract

 

 

but surely if they do that they will know they cant take on a residential property

 

any ideas on wat to do next

[nottslad]

Is the property purely domestic? IE it's not a shop with a flat above or anything like that? If it is purely domestic then I think you need to throw the following questions at BES:

 

1 - How do they intend to supply a residential property given that their licence is for business supply only

 

2- As this is a domestic supply, it is covered by certain consumer laws, which would mean you have a right to a cooling off period. Why are they denying you this right?

 

3- As they are in breach of their licence conditions by supplying a domestic property when they are not licensed to do so, do they wish for you to report this to OfGem and the secretary of state for energy and climate change?