They changed gas suppliers and the city paid a contractual penalty

Manel Kozek also went to a meeting in Pbram at almost fifty years. All this time they had the same supplier of electricity and gas, but two years ago they were visited by a sales representative of Bohemia Energy with an offer of cheaper energy.

An employee of the company assured that the retirees will be strongly affected and that the transfer to a new supplier will not be associated with a one-day penalty. Kozek therefore signed a contract for the supply of electricity and gas.

There was no problem with the transmission of electricity. It was with gas. The original supplier, the company RWE, filed a contractual penalty of two thousand crowns and they paid Kozkov stka. They were afraid that if they didn’t pay, they would go for years and eventually there would be execution. But it seemed unfair to them, for the furnaces were always sure to succeed.

I wanted to help the grandmother, so I called the customer lines of both companies. There they threw me like hot potatoes and one blamed the other, RWE referred to Bohemia Energy, Bohemia Energy referred back to RWE, describes Kozkovch’s grandson Klra Penikov.

Pokutu advertised voodoo

Kozkovido of both companies sent a written complaint. She answered soon. Bohemia Energy paid Kozkov two thousand. I understood that Bohemia Energy acknowledged its mistake, which is why my grandmother paid the paid contractual penalty, and I was also satisfied, as it turned out, with Klra Penikov.

There was nothing. Although RWE soon issued a complaint, they did not expect Kozek in a completely different way. She sent gave an invoice. The contractual penalty was incorrectly calculated, the total amount is 6,800 crowns. So they paid the Kozk. But it wasn’t over either. Bohemia Energy also sent an invoice to two thousand, which it originally reimbursed Kozkov and wanted to drill.

The city promised disputes is a grandmother of 6 800kunes of lying, and mm of which one single feeling: traders just make money on senior court, sums up the problem of grandson Kozkovch. Gas consumption is twelve hundred for a whole year, also the contractual penalty is gas for five years and in addition one whole pension, says Libue Kozkov. It was neastn decided, I didn’t even save a crown, I just sold it, dodv neastn.

Both companies followed the business conditions

So where did the mistake happen? Kozka’s furnaces were reassured that the transition to a new supplier would not be associated with the day of sanctions. And for Bohemia Energy she first paid two thousand and then wanted them back?

We act preventively, even in this exceptional situation, we decided to pay the fee first, and then thoroughly investigate the situation, explains the talk Bohemia EnergyAlbta partly and added, even though they found out that Mr. Kozek was wrong.

Mr Kozk said that he was the supplier of his existing gas contract for an indefinite period. Based on this information, Bohemia Energy then applied to RWE for the release of the supply city and addressed this information to the OTE market operator. RWE released the customer and did not inform us at all that the customer has a contract for a definite period of time, and that he is threatened with a penalty fee.

Was there a mistake on the sides?

Was there a mistake on the part of RWE? Did they not warn Mr. Kozek that he was threatened with a high fine if he switched to another supplier? In this case, Bohemia Energy acted on behalf of Mr. Kozek, because he signed their full power.

Both Bohemia Energy and the market operator had information about Mr. Kozk’s fixed contract with them. If a new supplier under the order, we have to release it. Even pesto, emu threats, explains LindaEkov.

Also asserted against assertion. Reports of black sheep became interested in the case. And the employees of Bohemia Energy allowed them to look into the database of the market operator OTE. In the case of Mr. Kozek, it is clear from the database that RWE did not raise the objection and released the order.

How to change supplier

The request for a change of supplier was sent by the new supplier after concluding the contract with the customer on the supply of electricity and gas to the system of the OTE market operator.

The original supplier is informed of this request by an opportunity, not an obligation, to issue a disagreement with this change of supplier, for example due to non-termination of the contract or because the customer has expressed in writing no effect to change the supplier.

If the existing supplier does not actually apply the disagreement, the new supplier may confirm in the OTE system that he has submitted enough about the change of supplier to the basis of a written statement of the order, from which it is clear that the order really intended to change the supplier.

Therefore, if a new supplier under the request to change supplier and the existing supplier comes out of disagreement, two situations can occur:

  1. The new supplier does not confirm enough about the change of supplier. Then the change of supplier is rejected and the existing supplier continues with the deliveries.
  2. The new supplier confirms enough about the change of supplier to the basis of the written order. Then the change of supplier is approved and from the date of commencement of the activity of changing the supplier to the electricity / gas supplier to the customer a new supplier. As part of this change of supplier request, the existing supplier has no other opportunity to express his disagreement.

The hidden contractual penalty is invalid

We should not rely on the fact that the representative of the new energy supplier will see how our bundles are and how we have to set the contractual conditions, the consumer must always be most careful, warns the first of the test Luk Zelen. When switching to a new supplier, it is always necessary to simply read the existing contract, find out how the conditions of this contract follow, and comply with them.

Manel Kozek was paid a contractual penalty for a whole hundred, but according to the first, they have to go to get their pension back. They would have to file an action in court.

In this case, the contractual penalty was hidden in the business conditions and the husband Kozek could claim its invalidity in court, Zelen recommends. Moreover, according to the first, the fine is disproportionately high in relation to gas prices.

In the end, Kozkovic did not have to go to court. After the shooting of black sheep, RWE gave Kozkov three thousand crowns.

AdviceRely on yourself

  • Do not rely on the fact that the representative of the new energy supplier will see how your ties are in another company and how you have set the contractual conditions. Study the building contract yourself carefully.
  • In the case of a contract for an indefinite period, the salary is due. But if you have a contract for a definite period, a failure to comply with it is usually a contractual penalty.
  • If the contractual penalty is not part of the contract, but is stored in the business conditions, according to the decision of the Supreme Court, this contractual penalty is invalid.
  • You may withdraw from the contract concluded in the case of door-to-door sales within 14 days of its conclusion, or within a day before the start of delivery by the new supplier.
  • In case of problems, you can contact the Energy Regulations, etc. In some cases, the ER may resolve disputes between suppliers and consumers.

Related Posts