There have been cases of electricity contract sales in which consumers think they only asked for an offer or for additional information, but the seller has started a process to change the electricity supplier. If you receive such an unjustified order confirmation, you should react immediately.
If you receive a confirmation from a telemarketer for an electricity contract that you have not made, do as follows:
- If the contract’s cancellation period is still valid, inform the telemarketer that you would like to cancel the electricity supply contract. In cases of electricity telesales, the consumer always has the right to cancel the contract within 14 days from the date when the contract was made on the phone.
If an electricity supply contract that you consider unjustified was made over the phone or otherwise and the cancellation period has expired or there was none, do the following:
- Make a complaint to the seller as soon as possible and deny that an electricity supply contract has been made. Do this in writing. The right to challenge the validity of an electricity supply agreement not only applies to telemarketing but also to other situations, such as sales by an electricity company on a temporary stand in a shopping centre.
You must have grounds to deny the validity of the contract. You can state, for example, that you have not specifically accepted or signed a contract.
The electricity supplier, in turn, must be able to prove that a valid contract has been made between the parties, by means of a recording of a phone conversation, for example.
You can also inform the network operator, that is, the local electricity network company, in writing that you dispute the validity of the electricity supply contract. If you do this, the network operator will not change your electricity supplier. If the change has already been made, the network operator will revert you back to the previous electricity supplier.
You can deny the validity of a contract also if electricity has already been transferred by the new supplier. It is not the network operator’s duty to investigate whether the consumer has a legally valid reason to deny the existence of a new electricity supply contract.
If electricity has already been supplied by the new company, the latter has the right to charge a reasonable compensation for the electricity supplied should your complaint prove to be unfounded.
If your complaint to the company is unsuccessful, contact the consumer rights advisors at a Local Register Office. They will provide free guidance and mediation in disputes.
Cancellation right in distance sales