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We had a 1 year contract with British gas Gas & Electricity…

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We had a 1 year...
We had a 1 year contract with British gas Gas & Electricity for both my home and business. I recieved a letter saying that if we didn't reply by a certain date we would be commited to a 2 year contract. I replied saying I did not accpet this but when we tried to move our account to Eon BG said that I had only snet 1 letter sayiing I wanted to terminate with British gas and they said I should have sent 4 letters -there are diffeent account numnbers for gas & Electic Business and Domestic.
I was not aware of this and think it very unfair that BG can do this
Do I have a way out?
Submitted: 8 years ago.Category: UK Law
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Answered in 4 minutes by:
6/10/2010
Solicitor: Joshua, Lawyer replied 8 years ago
Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,160
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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I think it very unlikely they will be able to get away with this. There is a question mark as to whether automatic renewals would fall foul of the Unfair Terms in Consumer Contracts Regulations and in any event, the requirement for 4 letters I feel certain would fall foul of these same regulations.

Essentially these regulations deem unlawful any terms which create a significant imbalance between the parties when such a term has not been individually negotiated.

If I was in your situation, I would advise them that they would need to seek to enforce their claim in the County Court and that I would be defending it on the above basis. I would be fairly confident the judge would agree with me.

This article by Ofcom tends to support this: http://www.ofcom.org.uk/telecoms/ioi/addcharges.pdf as doe this http://whatconsumer.co.uk/unfair-contract-terms/

Having said that I am not aware of any case law on the subject - I imagine it is because these things never really get passed the County Court level which is not a court of precedent.

Edited by Joshua on 6/10/2010 at 3:11 PM EST
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