Utility Company chasing over £600 for quote fee - Opt out/ Opt in questions

[eddie1836]

Hi everyone! I'm looking for advice. Last year I requested a quote for a new utility connection, I received an email confirming they had received my quote request and the next steps etc. The email mentioned an attachment detailing the process further which I missed. I did not go ahead with the quote as it was extremely expensive. I have now started to receive letters chasing a debt for over £600 for a "complex quote fee". When I have told them I have never agreed to pay such a fee I have been informed that the attachment that I missed mentions the fee and that I must email to opt out and cancel my quote request.

Can they actually do this? It seems crazy that they can expect me to pay over £600 to receive a quote without asking me to confirm I want to proceed with this? Surely these things should be an opt out rather than an opt in? They have no interest in listening to me and now seem to have passed this over to a debt collector.

Thanks for any advice in advance.

[PallasAthena]

Was the utility connection for you as a domestic customer or for a business supply?

[echat11]

Sounds like a 'business customer', regardless it's 'ridiculous', complex quote or not.

Go through their 'Terms and Conditions', even though they say they can, the 'Terms and Conditions' might be 'unfair'.

[atticus]

"Might" be unfair?

[echat11]

"Might" be unfair?

Without seeing what exactly what the T &C's say, it's is difficult to say, but 'common sense' tells me it's 'unfair', it would be off putting for a potential customer to even request a quote.

[PallasAthena]

Unfair contract term law isn't something I know much about but doesn't it only apply to consumer contracts and not to B2B? I may have misremembered that, but it was the thought behind my question in Post #2.

[atticus]

A business can be a consumer. s2(3) Consumer Rights Act 2015: "Consumer" means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.

So Part 2 CRA 2015 can apply.

[Pezza54]

CRA 2015 SCHEDULE 2 Part 1

Contract terms that may be regarded as unfair

3. "A term which has the object or effect of making an agreement binding on the consumer in a case where the provision of services by the trader is subject to a condition where realisation depends on the trader's will alone."

In Eddie's case the services are the preparation of the quotation and Eddie was not given the chance to accept the agreement to provide the quotation (only to opt out)

Please also read http://www.pinsentmasons.com/out-law...ng-regulations. The trader may have breached these regulations.

Misleading acts and omissions are unfair commercial practices. Misleading omissions are made when a trader omits or hides or provides material information in an unclear manner.

By providing a fundamental term (that provision of the complex quotations must be opted out by the consumer to avoid the fee of £600) in a separate document that has to be opened, the utility company may not have provided this info in s clear manner.

[Pezza54]

If you want to report the company to Trading Standards you need to contact Citizens Advice who will do the job for you.