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Thread: Legal Advice about mis-sold energy contract

  1. #1

    Legal Advice about mis-sold energy contract

    Hi All,

    Was wondering if the collective hive could give me any advice, i'l keep the story short:
    5 years ago, my company (Dental practice, which was a partnership at the time) got a call from a broker (utility alliance, in Hartlepool, who are now bust) advising they could give us the best energy deal (How foolish I was!). We signed up for the work contracts for G&E . Then they asked if I worked from home, to which I told them I had an office at my house. They quoted me a great deal, so I went ahead.

    I noticed that bills to my home were addressed to the name of my practice (Also as a LTD, which we weren't). I asked the broker to change it around 5 times, they said it was a mistake from the energy company (Total energies) and they'd correct it. They never did.
    Fast forward earlier this year, I rang total energies to see what the latest deal was with the energy prices. I informed them that the address was a home address and if they could change the name of the account from the company, to mine.I'm then informed that my home meter had been changed to a business meter!

    They are now retrospectively charging me their variable rate over the last 5 years, as they aren't domestic suppliers! Turns out I need to pay an extra £15k or so! They claim that it was the broker's fault for changing the meter from domestic to business. Obviously I argued the point that I had no idea they were going to do this, but Total energies just want my money!

    Any advice? I'm waiting to hear back from the ombudsman, but am getting legal letters about the money I owe. One argument I have is that they have been billing to a totally made up company (i.e. My practice wasn't trading from my house and it certainly wasn't even a LTD!)

    Cheers guys!

  2. #2
    Craftsman
    Join Date
    Jun 2010
    Location
    Fife
    Posts
    265
    Not my field, but get advice from Solicitor and consider laying out for an Opinion from Counsel.


    Sent from my iPhone using TZ-UK mobile app

  3. #3
    Not sure you have a legal case, the broker was acting as your agent(?) and managed to sign you up for the wrong contact. The supplier didn’t miss-sell anything.

    Just my, non-legal, opinion and I’d hope the supplier can sort it out via goodwill.

  4. #4
    Very common
    Your contract was with the energy company not the broker
    You would have to sue the broker for compensation
    The energy company you will have to set up a payment plan or come to a negotiated settlement.
    Sorry I’ve seen this happen twice in the restaurant trade .


    Sent from my iPad using Tapatalk

  5. #5
    Master
    Join Date
    Aug 2015
    Location
    Leeds, West Yorkshire, UK
    Posts
    1,220
    Critical here is whether the top line of your MPAN has changed from 01 or 02 domestic to 03 or 04 Business.

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