Unfair terms in Tenancy Agreement - help please!
Discussion
Long story short, I moved into a rented flat a few days ago - I was under huge time pressure when I signed the tenancy agreement, and have basically unwittingly agreed for an unwanted energy supplier to start billing me. This company seem like a massive bunch of shysters, and wondered if anyone could give me some advice?
My recorded notes so far:
20/7/12 - Signed Tenancy Agreement in Your Move. Noticed the clause that the energy supplier had been appointed. This energy supplier was ‘Spark Electricity’. I stated at the time of signing, that I did not wish them to supply my energy and that I did not give them permission. I was assured by Your Move that the arrangement could be cancelled within 14 days by calling ‘Spark’ and telling them I did not want it.
21/7/12 - Appointed EDF Electricity as my supplier (Continuing my previous relationship with them at my old address). They will take over the supply from Spark asap, but this could take 6 weeks. They will take over, but they recommended that I also insist that the deal with spark is cancelled from my end. I found this odd, as I’ve never heard of this before with any other energy supplier.
24/7/12 - Called Spark, and they immediately tried to open an account in my name. I thought this strange, as the letting agent said they would already know who I was. I told them that they did not have my permission to bill me for anything, as they had not been appointed by me, and I had not had sight of their tariff before. I refused to give them a meter reading or any of my bank details. I immediately googled the company and found that this is a scam set up for commission via ‘Your Move’ letting agency. One site had 283 negative reviews, all saying that the clause in the tenancy agreement was a con to avoid the consumer credit act and it’s stipulation to allow customers a cooling off period of 14 days. The clause in the agreement is disguised in it’s meaning, and is clearly intended to confuse a customer in a stressful situation.
I spoke to Hayley at the Your Move branch concerned and voiced my concerns. She said she would email them, and that would be the end of the matter as Spark invariably listened to them.
The Spark leaflet I was issued with from Your Move states ‘What if I don’t want Spark to supply my property? It would be a real shame to miss out on the benefits of being supplied by Spark. After all we exist to make your experience better. If you wish to move to another supplier, you are of course free to do so; all we ask is that you inform your letting agent of which supplier you switch to. Why not give us a call first; we may be able to put your mind at rest.'
At the bottom of the page, it then states ‘Our promises may change from time to time and printed stock doesn’t always keep up. Please check our website for latest updates or offers.’
I thought such literature had to be current at all times, with dates clearly printed on it so you knew how long these terms applied for?
I am awaiting a return call from Citizens Advice, but I really don't need the hassle of these guys chasing me for money and refusing to release me to a new supplier. I have never agreed and consider that I signed under duress.
It would appear that this supplier does not allow new suppliers to take over - spouting inaccurate meter readings as justification for keeping you locked into a ludicrous tariff.
Any thoughts on where I stand, or how I can head this off?
Cheers
My recorded notes so far:
20/7/12 - Signed Tenancy Agreement in Your Move. Noticed the clause that the energy supplier had been appointed. This energy supplier was ‘Spark Electricity’. I stated at the time of signing, that I did not wish them to supply my energy and that I did not give them permission. I was assured by Your Move that the arrangement could be cancelled within 14 days by calling ‘Spark’ and telling them I did not want it.
21/7/12 - Appointed EDF Electricity as my supplier (Continuing my previous relationship with them at my old address). They will take over the supply from Spark asap, but this could take 6 weeks. They will take over, but they recommended that I also insist that the deal with spark is cancelled from my end. I found this odd, as I’ve never heard of this before with any other energy supplier.
24/7/12 - Called Spark, and they immediately tried to open an account in my name. I thought this strange, as the letting agent said they would already know who I was. I told them that they did not have my permission to bill me for anything, as they had not been appointed by me, and I had not had sight of their tariff before. I refused to give them a meter reading or any of my bank details. I immediately googled the company and found that this is a scam set up for commission via ‘Your Move’ letting agency. One site had 283 negative reviews, all saying that the clause in the tenancy agreement was a con to avoid the consumer credit act and it’s stipulation to allow customers a cooling off period of 14 days. The clause in the agreement is disguised in it’s meaning, and is clearly intended to confuse a customer in a stressful situation.
I spoke to Hayley at the Your Move branch concerned and voiced my concerns. She said she would email them, and that would be the end of the matter as Spark invariably listened to them.
The Spark leaflet I was issued with from Your Move states ‘What if I don’t want Spark to supply my property? It would be a real shame to miss out on the benefits of being supplied by Spark. After all we exist to make your experience better. If you wish to move to another supplier, you are of course free to do so; all we ask is that you inform your letting agent of which supplier you switch to. Why not give us a call first; we may be able to put your mind at rest.'
At the bottom of the page, it then states ‘Our promises may change from time to time and printed stock doesn’t always keep up. Please check our website for latest updates or offers.’
I thought such literature had to be current at all times, with dates clearly printed on it so you knew how long these terms applied for?
I am awaiting a return call from Citizens Advice, but I really don't need the hassle of these guys chasing me for money and refusing to release me to a new supplier. I have never agreed and consider that I signed under duress.
It would appear that this supplier does not allow new suppliers to take over - spouting inaccurate meter readings as justification for keeping you locked into a ludicrous tariff.
Any thoughts on where I stand, or how I can head this off?
Cheers
With no particular personal expertise, I'd say you're doing the right things.
Make sure you do have accurate meter readings for when you moved in (and for when you change to EDF).
Write everything down (as you seem to have done)
Write to the lettings agency telling them of your supplier change (get it recorded?).
Make sure that 'Spark' get none of your financial details (including from the letting agency)
HTH.
Make sure you do have accurate meter readings for when you moved in (and for when you change to EDF).
Write everything down (as you seem to have done)
Write to the lettings agency telling them of your supplier change (get it recorded?).
Make sure that 'Spark' get none of your financial details (including from the letting agency)
HTH.
I didn't think a supplier could stop you moving to a competitor, but from my experience of moving house where i changed the energy provider, i had to open an account with the old provider (British Gas in my case, who i was moving away from) before i could get Eon (who i was continuing my account from my previous address with) to switch the service.
Because the previous tenant had British Gas set-up for utilities, all electricity and gas that i used in the property, up until Eon took over, i owed British Gas for, despite not taking out any contract with them. Both British Gas and Eon confirmed this is the way it's done.
Because the previous tenant had British Gas set-up for utilities, all electricity and gas that i used in the property, up until Eon took over, i owed British Gas for, despite not taking out any contract with them. Both British Gas and Eon confirmed this is the way it's done.
The problem is that I have no faith in Spark Electricity to do whatever they are 'promising' to do.
The tariff remains elusive, and I don't see why I should agree to be billed when I haven't been told the rate.
The letting agent has copied me into an email to their 'partner manager' at Spark, demanding that I be released without penalty. Let's see if that holds any water! Perhaps the content of my email had some bearing on things
I may be in for a bun fight over the next few weeks, but I guarantee that they will get bored long before I do
The tariff remains elusive, and I don't see why I should agree to be billed when I haven't been told the rate.
The letting agent has copied me into an email to their 'partner manager' at Spark, demanding that I be released without penalty. Let's see if that holds any water! Perhaps the content of my email had some bearing on things
I may be in for a bun fight over the next few weeks, but I guarantee that they will get bored long before I do
Mr Overheads said:
Call Natonal Grid & Xoserve to find out who supplies your gas & electricity currently, it might not be Spark. You'll need the meter serial number.
Have you actually called ANtional Grid (Elec) and Xoserve (Gas) to find out who the appointed supplier actually is. It may not be Spark. You've received no bills from Spark or other correspondence that confirms they are the appointed supplier (per your 1st post) just Your Move telling you that they are. You need to check.I had something similar with a tenancy. Spark said I could not move to a new supplier until I had paid all I owed them. I asked how much I owed them and was told 'We won't know until you change over'. I asked how I could pay it before that date if they did not know how much. Utter idiots!
At this point in time I had moved in about a week previously so had not received any bills, therefore did not owe them anything. It took two attempts to move away from them, they refused the first request by the new supplier as I owed them money (I did not at that time as no bill received).
Do everything in writing if possible, if not, buy a voice recorder and record all phone calls so you have proof of everything.
At this point in time I had moved in about a week previously so had not received any bills, therefore did not owe them anything. It took two attempts to move away from them, they refused the first request by the new supplier as I owed them money (I did not at that time as no bill received).
Do everything in writing if possible, if not, buy a voice recorder and record all phone calls so you have proof of everything.
Edited by KevinA4quattro on Thursday 26th July 09:40
Hi Where2Guv, what was the eventual outcome of all this, I too missed the part of the clause about switching to spark energy, after a few threatening e-mails and 4 attempts to move (actioned by npower, my preferred supplier) and two promises from spark they eventually agreed if I paid an outstanding balance of £36, which I did, it's now changed to npower and now spark are demanding a load more cash, which I'm refusing to pay.
Just wondered what the eventual outcome was with your situation?
Just wondered what the eventual outcome was with your situation?
Petrolhead_Rich said:
Hi Where2Guv, what was the eventual outcome of all this, I too missed the part of the clause about switching to spark energy, after a few threatening e-mails and 4 attempts to move (actioned by npower, my preferred supplier) and two promises from spark they eventually agreed if I paid an outstanding balance of £36, which I did, it's now changed to npower and now spark are demanding a load more cash, which I'm refusing to pay.
Just wondered what the eventual outcome was with your situation?
I too have encountered this issue, i have'nt done anything as of yet. Just wondered what the eventual outcome was with your situation?
They do regularly spam your phone and email when payment is due though, but i have paid them i think roughly £20 a month for gas (one bedroom flat).
Be interesting upon termination as i have the meter readings.
Fortunately I got the support of the letting agent after threatening legal action, and after a LOT of pressure and refusing to communicate with Spark in any way, I eventually received a letter from one of their senior management saying they had waived all charges and penalties and released me from any and all agreements. Worth pushing for... I can't stand underhand business practices.
Dave
Dave
Where2Guv said:
Fortunately I got the support of the letting agent after threatening legal action, and after a LOT of pressure and refusing to communicate with Spark in any way, I eventually received a letter from one of their senior management saying they had waived all charges and penalties and released me from any and all agreements. Worth pushing for... I can't stand underhand business practices.
Dave
Cheers, I've finally got everything switched back, they have sent me a final bill (ignored), a threat of legal action (Snotty e-mail telling them I wasn't paying up) and now a final (revised) bill based on estimated meter readings.Dave
Sadly my letting agent (No names, but blue and rhymes with "These Drains") are not helping at all, I'm in direct contact with our landlord though so going to suggest he drops them at renewal time!
f
k fk fk. Just realised I'm with Spark too through my tenancy agreement. Just contacts the LA who have confirmed no permission is required from the LL so I'm free to change, but I've only just been landed with Spark (as of 23/3). What's the best course of action from here? As far as I'm aware, Spark don't have my details yet and no meter readings (although I have them) - quickest way to change?
k fk fk. Just realised I'm with Spark too through my tenancy agreement. Just contacts the LA who have confirmed no permission is required from the LL so I'm free to change, but I've only just been landed with Spark (as of 23/3). What's the best course of action from here? As far as I'm aware, Spark don't have my details yet and no meter readings (although I have them) - quickest way to change?AyBee said:
fk fk fk. Just realised I'm with Spark too through my tenancy agreement. Just contacts the LA who have confirmed no permission is required from the LL so I'm free to change, but I've only just been landed with Spark (as of 23/3). What's the best course of action from here? As far as I'm aware, Spark don't have my details yet and no meter readings (although I have them) - quickest way to change?
Get in touch with your preferred energy supplier, get them to block any transfers, if it's already changed then get your preferred supplier to mark it as an erroneous transfer.k fk fk. Just realised I'm with Spark too through my tenancy agreement. Just contacts the LA who have confirmed no permission is required from the LL so I'm free to change, but I've only just been landed with Spark (as of 23/3). What's the best course of action from here? As far as I'm aware, Spark don't have my details yet and no meter readings (although I have them) - quickest way to change?Absolutely do not contact spark in any way, do not pay them, do not even acknowledge their letters, push for your preferred energy company to sort it out!
Just out of interest, who is your letting agent?
Petrolhead_Rich said:
Get in touch with your preferred energy supplier, get them to block any transfers, if it's already changed then get your preferred supplier to mark it as an erroneous transfer.
Absolutely do not contact spark in any way, do not pay them, do not even acknowledge their letters, push for your preferred energy company to sort it out!
Just out of interest, who is your letting agent?
Was too late for me to block the transfer, requested my preferred supplier to take it over, lettings agent had no issue with this despite it being in the contract (begins with F and heavily related to the supercar rally videos), got a letter today saying Spark have blocked the request to switch until I call them with the meter readings for me to change - think this is where the loop starts, i.e. by the time I give them readings and instruct the preferred supplier to take over, they'll want another reading for the time between the reading provided and the new supplier taking over Absolutely do not contact spark in any way, do not pay them, do not even acknowledge their letters, push for your preferred energy company to sort it out!
Just out of interest, who is your letting agent?
Give the opening meter reading and date to your preferred supplier and pay them.
http://en.wikipedia.org/wiki/Consideration_in_Engl...
This means if you do not receive anything of value from Spark you own them nothing EVEN if you have signed a contract with them.
I was with them when they first started out, were really good. I stuck with them with several properties then it seemed to go t**s up to big to quick!! I tried cancelling and they were wrongly charging with estimated bills and couldnt seem to manage to take actuals! Anyway i called in to talk to them in their Edinburgh office and was given the MD's number who i called, and he seemed pretty shocked by the way things were running, anyway he sorted it and had no hassles thereafter, be worth trying to get hold of him, unfortunately i dont seem to have his number but his names Chris Gauld.
Good luck.
Good luck.
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