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ClaudiaJ

Mis sold into 5 year fixed contract with BES***Resolved***

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2 weeks ago I was called by an energy broker claiming to be on behalf of the landlord of the new business premesis I was looking into but hadn’t signed any lease agreement yet, they claimed I had to set up the energy for the building before the landlord could progress with the lease agreement

 

this is the first time I’ve ever had to deal with anything like this as I’m a small business owner who works from home so I don’t know how it works.

I then found myself in a 5 year contract with BES for a property I don’t have a lease over or any access too.

 

Ive contacted them and told them there is no lease and there won’t be a lease agreement going forward yet they still refuse to release me from this contract.

I have contacted citizens advice but they don’t really help.

 

I’ve even got my estate agent to message BES to explain there was never a lease agreement in place and yet all they do is send us a “move ouform” to fill in which requires details of the owner which I do not have and metre readings.

 

How can I move out of a premises I was never in in the first place?!

Does this make the contract void as it’s based on impossible terms?

 

i feel so lost someone help me!

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How did you find yourself in a 5 year contract...did you verbally agree ?

 

If you entered into the contract over the phone, online or on your doorstep, you have 14 calendar days to cancel the contract under the Consumer Contracts Regulations. The cooling-off period starts the day after you agree to go ahead with the service.

Andy


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Do these regulations apply to a business?


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How did you find yourself in a 5 year contract...did you verbally agree ?

 

If you entered into the contract over the phone, online or on your doorstep, you have 14 calendar days to cancel the contract under the Consumer Contracts Regulations. The cooling-off period starts the day after you agree to go ahead with the service.

Andy

 

Over the phone, I entered myself into an apparently legally binding contract.

i phoned and emailed the next day to cancel and they said they do not offer a cooling off period.

 

They’re asking for the details of my landlord but I don’t have them, because I was going through an estate agent. He’s emailed them to confirm there’s no lease and I had no responsibility to change supplier or access to the property.

 

But theyre still refusing to release me. How can it be legal for me just to change someone energy supplier without any form of signed responsibility?

its effectively like me walking past my next door neighbours house, phoning a supplier and agreeing a new contract for their supplier?!

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Do these regulations apply to a business?

 

Yes, it’s a commercial property

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please post up the letters or emails you have received from BES in PDF format.

 

Also, I suggest that you have a look around the Internet for reviews of BES and also about the problems they have had with the regulator.

 

By and large I would send them a letter telling them that no contract exists and in any event you would not be bound by a contract and that if they want to make anything of it they should take to court. Tell them that you were misled by their salesman who falsely informed you that you had to sign up to an energy agreement before a lease agreement could proceed.

 

Tell them that in any event you don't have a lease and there won't be a lease and furthermore you have now looked around the Internet and you have understood the reputation they have for mis-selling/hard selling and so you wouldn't be prepared to get involved with them as a supplier anyway.

 

We are customer services guide and implement the advice there. Make sure you record all your calls in future and never agree to any kind of contract on the telephone and in fact never be pressurised at any time to make an instant decision. You should always tell a salesman whether on the telephone or a visit to your home or premises that you will need time to think about it.

 

If they then try to say that you are likely to lose some bargain then tell them that it's just tough.

 

Make a complaint to the regulator. It won't be the first time that the regulator have heard about this company. Do it all in writing and make sure that BES know that you have now begun a complaint to the regulator.

 

Let us know what happens.

 

Before you get involved with any kind of business in future, check them out on the Internet and if you want come here for advice. You can trust us – and there are many other people around that you can say that about


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I have done the first part and told them their contract with me with a void contract as I’ve never had responsibility over the premises.

 

They replied with because they have a recording of me saying I did after the sales broker told me I did they can’t release me without the details of the person who holds responsibility.

But I refuse to give the landlords details to the company as I’m not going to enter her into any agreements with this horrible company!

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Do these regulations apply to a business?

 

Sale of Goods Act & Supply of Goods and Services Act

 

Most of the Sale of Goods Act and the Supply of Goods and Services Act, which provides the buyer with rights in cases of faulty goods, mis-described goods or substandard services, also applies to business-to-business contracts.

 

The Electronic Commerce (EC Directive) Regulations 2002 therefore cover

 

• Business that sell goods or services to businesses or consumers over the internet, or by email or by text messages. That’s B2B and B2C.


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Thanks.

 

(Of course I should know this):embarassed:


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I have done the first part and told them their contract with me with a void contract as I’ve never had responsibility over the premises.

 

They replied with because they have a recording of me saying I did after the sales broker told me I did they can’t release me without the details of the person who holds responsibility.

But I refuse to give the landlords details to the company as I’m not going to enter her into any agreements with this horrible company!

 

Refer in your letter to the Supply of Goods and Services Act as mentioned above. Also, send them a separate letter recorded delivery – an SAR – asking for all data which they hold on you in any form including the recorded call that they have referred to in their letter of XXX date.

 

I wonder whether they will really supply it to you?


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Well this is what I’m thinking, surely it is not legal for them to change the supplier of a premesis without any proof of lease agreement ect? I don’t know if it’s just scare tactics or what.

If that’s the case I could go and change numerous peoples supplier without them knowing?

 

I will put a letter together today so they receive it probably Monday requesting everything they have on me.

 

Citizens advice said some company’s only record the part where you are agreeing and not the part where the broker lies and Mis sells you. Annoying.

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They have the recording of the call.

As suggested, SAR them and get this recording.

Also, nothing matters because you emailed a cancellation the very next day, well within the statutory 14 days.

They can't change the regulations because they're not the parliament.

The cancellation stands and they can do and say whatever they, but they'll never get a penny out of you.

Report them to the Ombudsman and trading standards.

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beware, they doctor their calls so check the length of the call with your phone service call record ( if moble that will be easy)

Now kingy may well be right about the unfair contract but they wont allow you to migrate elsewhere without a struggle. They will lie to the new supplier to keep the business so expect to expend quite some time and effort on this.

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Hey thanks for your advice!

 

But I won’t need a new supplier as I live with my parents and I’m staying working from home now. I’m just worried they’ll change the landlords provider without her knowing! can they do this?

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no but they can bill you for the gas as you are the customer.

However, as they dont have any proof you are a business or any association with that premises it is at best a "frustrated contract".

 

So was it your mobile they called you on or a landline

This can make a big difference regarding proof of authority as they were calling you and you are under no obligation to tell them the truth.

 

I sometimes claim to be the local crematorium to unsolicited callers but that places no obligation on me to accept corpses at my house.

Marvellous when they ask for Mr or Mrs so and so and you tell them they are too late to speak to them but they can apply for custody of the ashes.

Edited by dx100uk
space/spell

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They called me on my business mobile, asking for my business name which also made it seem legit but then I realised my number was infact taken off of my business social media page.

 

I’ve requested my recordings of the phone call or a deadlock letter so I can get in touch with the ombudsman again but funnily enough they’ve not responded for 5 days when before they were responding daily!

Edited by dx100uk
quote

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mobile schmobile. No busijess premises commected to the phone so they dont have a chance of proving where they have agreed to supply.

best thing you can do is not say a word to them if they ring again, just disconnect so they cant cut and paste your voice recordings.

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So good news guys,

Thank you all for your help.

 

I went down a different route and got my local radio station involved and contacted their consumer show and they rang the company for me, the company still refused to release me as I “wasn’t cooperating” with them. I then informed the host of the show that my estate agent had emailed them as evidence of me not signing a lease over the premises. The show rang them again and sent them over the evidence I had previously submitted to them 2 weeks ago and they released me from the contract. The powers of bad press and the BBC!

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Excellent ...thread title amended.

 

Regards

 

Andy


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