About 18 months ago I switched my gas and electricity from EDF to OVO on a fixed 1 year tariff. The electricty switch was completed but the gas was not. I complained many times but it just never got transferred. When the contract came up for renewal I ponted out that the amount I had to pay EDF was a lot higher than I would have been paying on the OVO contract.
They offered a goodwill gesture of £250
I pointed out that it had actually cost me over £1400 extra. They would not increase their offer and suggested I go to the ombudsman.
The ombudsman has just ruled and agreed with everything I said and that OVO were at fault. However he pointed out clause 19.2 in their terms and conditions
Which is this
19.2 We are not liable (responsible) for any:
• financial loss or damage, such as lost profit, wasted expenses,
income, business, opportunity, contracts or goodwill;
• any losses that are not our fault, or that we could not have
reasonably expected when we entered into this contract;
• loss that you suffer under any contract or other relationship with
any other person.
Therefore he could not ask them to compensate me
This seems to contradict 19.1 which is
If you suffer any loss or damage as a direct result of something we’ve
done, our maximum liability to you will be no more than £100,000 per
event or series of events if they’re connected
To me 19.2 is a very wide catch all phrase that basically says if we screw up we dont take any respo0nsibilty.
I was just wondering what anyone thought about this type of clause and whether it is worth me going to the small claims court for compensation
Any thoughts appreciated
They offered a goodwill gesture of £250
I pointed out that it had actually cost me over £1400 extra. They would not increase their offer and suggested I go to the ombudsman.
The ombudsman has just ruled and agreed with everything I said and that OVO were at fault. However he pointed out clause 19.2 in their terms and conditions
Which is this
19.2 We are not liable (responsible) for any:
• financial loss or damage, such as lost profit, wasted expenses,
income, business, opportunity, contracts or goodwill;
• any losses that are not our fault, or that we could not have
reasonably expected when we entered into this contract;
• loss that you suffer under any contract or other relationship with
any other person.
Therefore he could not ask them to compensate me
This seems to contradict 19.1 which is
If you suffer any loss or damage as a direct result of something we’ve
done, our maximum liability to you will be no more than £100,000 per
event or series of events if they’re connected
To me 19.2 is a very wide catch all phrase that basically says if we screw up we dont take any respo0nsibilty.
I was just wondering what anyone thought about this type of clause and whether it is worth me going to the small claims court for compensation
Any thoughts appreciated