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BES Utilities - misrepresentation

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  • BES Utilities - misrepresentation

    Hello,

    I'm hoping someone can assist with these bunch of chancers.
    Soon after purchasing a company and it's building, the business was contacted by a company called "Action energy" stating to one of my staff that we were on an emergency tariff and they were a government backed agency to help small businesses get better rates. We are a healthcare company with a partially government contract therefore this was believable.

    I contacted the number left and spoke to an advisor regarding the current energy contract, I knew we were still in contract therefore I was no pressed to look for an alternative. I advised them of this and they insisted that we were on an "emergency rate" so it was in my best interest, I requested a quote but said I wasn't in a position to make a purchase as I was within an existing contract. The sales woman requested company details so that she could offer me the most competitive quote, I proceeded to provide these details and after mentioning multiple offers she concluded that a variable rate contract with BES utilities would be the best deal. I stated clearly that I do not want a variable quote however said I would entertain a quote. She forwarded me to BES who again requested details and I agreed but at no point was it mentioned that this was a binding contract, we never exchanged payment details, size of the company (us being a microbusiness), lack of cooling off period, the fact we were already within a contract, the rates of the energy etc. I said I would be in touch and left the call.

    Once off the phone*I researched BES and realised the bunch of crooks they are therefore I wasn't at all surprised.

    I immediately phoned EDF (who was my energy supplier at the time) and requested that they do not transfer my supply as this was a fraudulent attempt. They acknowledges this and promised to maintain my contract.

    2 months later my EDF contract was coming to an end I noticed a letter from EDF "sorry you're leaving" and a few hours later an email from BES "welcome to BES utilities".

    I contacted them and asked them why they have taken over my contract without my consent to which the typical "verbal contract" response was received. This was at the beginning of Covid and I have been sending multiple emails with a recorded letter. The only response I've received is that a copy of my verbal contract will be released to me imminently. I have also received estimated bills of wildly inflated figures with the occasional "pre disconnection" warning.*

    I am waiting for the 8 weeks since my first complaint letter before raising with the ombudsman however I know there are many small business owners like myself in this position and it would be great to find a way to help stop this abomination of a company.*

    I have requested all the date they hold about me and copies of correspondence between themselves, the broker and my previous energy supplier. BES state that they don't have a sales department and that rogue brokers such as Action energy are not in their jurisdiction.*

    Considering the whole basis of a contract is based on lies and misrepresentation, is there a deemed contract?
    Tags: None

  • #2
    Ironically and becomes grey area due to fair market the supplier cannot stop take over has to be done by your instruction to the take over. Company in was most cases. a years old law to stop suppliers inadvertantly stopping move but safeguards to a degree slamming.It fails when you have no way of knowing who and what you agreed with if any .If bse are registered company you need to raise it with them as slamming but instruct supplier you want to take over service under clear instructions you were slammed not simply open new account.Contact your local trading standards as well.

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