Risk based fee

[Guest]

A company is trying to charge my company a risk based fee for fuel of .26p per litre coming to about £900 for half a weeks worth of fuel

When we found out about this we asked for evidence that our company was at risk and they told us they do not need to provide us with the evidence but we have to provide them instead with evidence that our credit rating as not fallen below 40/100
We sent them our creditscore but they have refused it as it wasn't from experian.

We quickly closed our account with them. But they are still insistent that we owe the money.

I have asked for a invoice out lining the risk based fee but all they have done is increase the price in fuel making it impossible for us to see exactly what the charge is.

since then we have cancelled our direct debt and made a payment for what we worked out we owe for fuel.

So my question is do companys have to provide details of what they are charging me for or can they just hide any charges within the invoice line hoping we won't notice?

[John c]

I believe this to be inviolation of this law:
The Consumer Protection from Unfair Trading Regulations 2008

But I'm unsure, can anyone help
(I forgot to create an account when posting the above question so im hoping i will now get any updates of replys)

[efpom]

It seems to be a business to business contract. If that is right the Consumer Protection from Unfair Trading Regulations 2008 would not be in play.

[John c]

I was speafically told by the sales representative that we were not tied into a contract, and I still have the email to confirm it.
If its not protected under that act do you have any suggestions where I should look. The terms I've been supplied with are only available on there website and I've been told its my responsibility to check the website regularly and if I don't respond within 7 days of them updating it then we have accepted any changes.

[ostell]

They can't change the conditions of a contract by just changing their website.

[John c]

This is what they have said

I don't believe this is binding but I am getting nowhere speaking to there customer service team

"Notification to you of any changes to the Fee Tariff shall take effect upon the posting of the revised Fee Tariff on our Website. It is your responsibility to check our Website regularly to ensure you keep up to date with any changes to the Fee Tariff notified to you in this way. If you wish to discuss any changes to the Fee Tariff you must contact us within 7 days of the change being notified to you through us posting the changed Fee Tariff on our Website. If you do not contact us within this 7 day period, you will be deemed to have accepted the new Fee Tariff by continuing to use your Cards once the 7-day period has elapsed."

[John c]

But my main argument is that the fee should be invoiced as a additional charge but instead they have just increased the price of the fuel with no possible way (other than cross refrencing the current fuel price minus vat to what is being charged on the invoice) this is made increasingly difficult as different fuel stations charges different prices

To me this comes across as intentionally hiding fees on the hope we won't notice

[des8]

This is what they have said

I don't believe this is binding but I am getting nowhere speaking to there customer service team

"Notification to you of any changes to the Fee Tariff shall take effect upon the posting of the revised Fee Tariff on our Website. It is your responsibility to check our Website regularly to ensure you keep up to date with any changes to the Fee Tariff notified to you in this way. If you wish to discuss any changes to the Fee Tariff you must contact us within 7 days of the change being notified to you through us posting the changed Fee Tariff on our Website. If you do not contact us within this 7 day period, you will be deemed to have accepted the new Fee Tariff by continuing to use your Cards once the 7-day period has elapsed."

That's what they say, but what does the contract say?
Perhaps a link to the contract so we know what's what

[John c]

I was never given a contract and the sales assistant told me we are not tied into a contract. That is a extrat from the terms and conditions. I still have the email telling me we are not tied into a contract

This is the link to the terms and conditions
https://www.allstarcard.co.uk/allsta...ms-conditions/

[des8]

You had a contract, but I don't suppose you downloaded and kept a copy of the T&Cs at the time, even though that is the first instruction on the link you have posted?

[John c]

Also thank you for looking at into this for me. If I come across abrupt it is not my intention. I am very greatful for any advice you can give.

I don't know if this will have any relevance but the company's parent company is currently being sued buy the ftc in America for adding hundreds of millions of dollars of hidden fees to small and medium business across America.

On top of that the parent company owns most fuelcard company's in the UK. I have only found 1 company not owned by this same parent company

[John c]

I didn't. I asked if I would be tied into a contract when being sold the service and was told that i would not be so I assumed I wouldn't be tied into a contract

[des8]

Had a quick (very quick) scan and draw your attention to clause 17.
They need to draw your attention to changes, not put the onus on you to check their website daily!

[John c]

The problem i have is I do not know if the "risk based fee" was there when I signed up with them or not

But my major argument is when they are charging these additional charges. They are hiding it in the fuel price line without outline the additional charge.

Which makes it almost impossible for me to see when they do add additional charges.

when I found out about the charges we closed our account
and stopped using them. But I have no way to know if another charges have been issued to us without our knowledge.

I've asked them several times to provide a invoice outlining these charges. Which they have refused.

To my understanding an invoice must include a clear description of what you are charging for but the invoice line just says diesel with no mention of the risk based fee

[John c]

And my other argument is they are refusing to provide proof that we are in anyway a risk. Currently the only risk they have incurred is the risk based fee which we haven't paid. Everything else has been paid