Bord Gáis Energy “An update to our Terms and Conditions of Supply”

jamesoc85 · 13-04-2019 11:48AM #1

Hi,

I received below email from Bord Gáis Energy after they updated the Terms and Conditions of Supply for their Dual Fuel Contract

“Dear Customer,

We’ve recently made some updates to the Terms and Conditions of Supply for our Dual Fuel Contract. These changes are mainly as a result of changes in regulation in the CRU’s Supplier Handbook.

Please find your new Terms and Conditions here. These Terms and Conditions will take effect in 30 days from receipt of this email. Please see Condition 20 (a) for more detail in relation to your rights on this notice period.

If you have any queries please email us on info@bordgais.ie.”

20(a) say

“We may amend, vary or add to these Conditions at any time on giving you thirty (30) days notice in writing. If any variation, addition or amendment is unacceptable to you, you may end the Contract in accordance with Condition 17(c) (the unvaried Conditions applying during the seven (7) day notice period) otherwise by continuing to receive the supply of electricity of Natural Gas,
you will be deemed to have expressly consented to accepting new Conditions and these will become effective 30 days after we have served the notice of variation/addition/amendment.”

I called customer service to see if I could cancel my contract without penalty and I was told I’d have to pay €50. Does anyone know if this is correct? Do they have the right to charge you even if they change the terms of a contract?

Ten Pin · 13-04-2019 12:24PM

...you may end the Contract in accordance with Condition 17(c)

Is the 50e charge listed in 17c or anywhere else in the contract?

dudara · 14-04-2019 06:20AM

If I remember correctly, changes to contract terms because of legislation / regulations do not give you the right to exit the contract.

Mountjoy Mugger · 15-04-2019 01:13PM

Dudara, being the devil's advocate here. Would not the line

these changes are mainly as a result of changes in regulation in the CRU’s Supplier Handbook

indicate that not all is as a result in legislation/regulation?

jodome · 15-04-2019 03:38PM

I wish they would say what precisely has been updated. If they take the trouble to send a mail and expect folks to take the trouble to read T&Cs, they could at least be a bit more specific in what is changing. Or maybe the implication is they presume you won't read the T&Cs, so why bother pointing out what was changed.

Either way, I've had a read through and can't find anything that should sound alarm bells.

jamesoc85 · 17-04-2019 01:48PM

I contacted the Commission for Regulation of Utilities. This was their reply

“Dear James,

Thank you for contacting the CRU. The early termination fee should not apply if you wish to cancel your contract/change your supplier as a result of changes that have been made to the Terms and Conditions.

I suggest that you contact Bord Gais Energy again in relation to this, and highlight that the reason you want to cancel your contract/change supplier is as a result of the change to the Terms and Conditions.

Yours sincerely,

Ken
Customer Care Team
Commission for Regulation of Utilities”

dudara · 17-04-2019 02:59PM

Thanks for obtaining that response. That is the response I would expect when changes are made by the provider. However, it's not clear if the query specifically referred to changes which were made a result of regulation.

jodome · 19-04-2019 11:47AM

Got a reply from BG:

Please find below the main changes made on our Terms & Conditions:

- Clause which states that Notice to be given if the customer is on the same tariff for 3 years or more

- Clause which states that Notice to be given at least 30 days prior to the end of a Fixed Term contract (fixed term Ts and Cs only)

- Changes to Deemed Contract clauses

- Removal of Data Protection clauses and reference to separate Privacy Notices (GDPR Regulations)

- Change to definition of Special Services customers

- New Clause which allows for debts to be passed to a 3rd party agency

- Changes to Notice Clause to allow for 2 different methods of notice of changes to the contract

- Changes to reference new naming conventions for our Codes of Practice

Bord Gáis Energy “An update to our Terms and Conditions of Supply”

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