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Legal, pensions and money

Legality of stopping a direct debit to energy company

(26 Posts)
MamaCaz Sun 18-Nov-18 10:41:17

The situation is this:

I have been with energy company Outfox the Market for a few months, on a variable tariff.

In that time, there have been several price hikes, but that is fair enough on a variable tariff. However, out of the blue they have announced that as of December, they are increasing all customers' winter payments by a huge amount. Yes, they are reducing summer payments, but that is of little comfort to customers who are suddenly expected to cover these high payments (in my case approx. an extra £35, but in some cases running into the hundreds!) Even those customers who have enough credit built up to easily cover their winter bills are facing this too.

The rumours are that the company is in financial difficulties, and as many of us are voting with our feet and leaving them, it's hard to see how they will survive this.

To cut to the chase, I too am changing supplier. The expected switch-over date is Dec 3, though I don't know how accurate that is. However, Outfox the Market intends to take the first big payment out of my account on Dec 4.

I already have enough credit with them to more than cover any costs incurred with them since the last bill.

My gut instinct is to cancel the direct debit now, so they can't go under with even more of my money in their coffers if they go into receivership.

Does anyone know of any legal reason why I should not do this?
(I do wonder how they would then refund me any remaining credit at a later date, assuming they are still afloat, but right now I am more concerned about the potential loss via that next direct debit, especially as I have to find the money to pay the new supplier in advance, on or around the same date.)

Is it legal for me to do this?

HildaW Sun 18-Nov-18 10:46:30

Legal questions aside its actually quite difficult to cancel a Direct Debit as they originate from the company...they are 'taking' money out of your account - you are not sending it to them so you will have to ensure your bank does not allow the Direct debit to be 'removed'.

As to the legal side, I'd get on to citizens advise or similar to find out if you will be in breach of a contract.

tanith Sun 18-Nov-18 10:47:42

I can’t see any reason why not just ask them to send a cheque if there is any refund due or you can do the same if you owe them. I suppose they may refuse to cooperate with the switch over if they are really nasty. Why don’t you just ask them?

mcem Sun 18-Nov-18 10:56:04

I'd cancel the DD at the bank and answer questions later if necessary. Given the credit you have with the supplier you can't be accused of dodging the issue.

EllanVannin Sun 18-Nov-18 11:00:26

I've cancelled DD's at the bank no problem.

glammanana Sun 18-Nov-18 11:06:42

Cancel the DD you have with them and get a reference number from your bank when you do it.

annsixty Sun 18-Nov-18 11:09:46

There is another thread about this supplier.
I would be very wary about going with a new and unknown supplier.

petra Sun 18-Nov-18 11:12:32

MamaCaz
I would cancel the DD which is perfectly legal. No bank can legally refuse this request. They may try but they have no legal right not to follow your request.
Make sure you put it in writing ( email will suffice) to the bank and the energy company.

MamaCaz Sun 18-Nov-18 11:40:58

Thank you for your answers. I will go ahead and cancel the direct debit.

Annsixty , do you know where the existing thread is on this company? I would be interested to read it.

annsixty Sun 18-Nov-18 11:43:31

I will look for it now.

annsixty Sun 18-Nov-18 11:49:57

It is on "chat" posted by Nudejude on November 15th.
She was complaining about just the same thing i.e. the company putting up charges during the winter months.

maryeliza54 Sun 18-Nov-18 12:29:30

I do online banking and can cancel online. The only ‘legal’ implication might be that paying by DD is part of your terms and conditions and so the rate at which you get your fuel might increase

Fennel Sun 18-Nov-18 12:40:22

I've cancelled a DD online recently (Lloyds Bank) no problems.
But if I was you I would make sure to have an alternative contract set up first.

FlexibleFriend Sun 18-Nov-18 12:59:33

It's easy to do, and why should you leave yourself exposed if they fail. When they contact you just say you promise to pay the amount outstanding at the end of your tariff. Don't let them bully you.

Jalima1108 Sun 18-Nov-18 13:04:31

Yes, you can cancel a direct debit.
I have done that and did keep getting letters from the company (Sky) asking me if I had realised that I had cancelled it (yes), was I sure I wanted to cancel it (yes), did I want to reinstate it (no), then got weekly letters with offers from them for about 3 years afterwards.

Check your contract first though.

Jalima1108 Sun 18-Nov-18 13:05:01

ps We had told Sky that we were going to cancel the direct debit but they still persisted.

FlexibleFriend Sun 18-Nov-18 13:21:18

I told my energy company that I had not signed up to paying a 50% increase half way through the term and said they had two options either continue to take the agreed amount and I would pay any amount outstanding at the end of the term or I would cancel the direct debit until we reached an agreement. They ignored several emails from me, so I cancelled. I put the amount to one side each month ready to pay in full and by the time they asked for payment I only had a couple of months left to go till the end of term. They agreed to take the same amount until the end so the d/d was put back in place and they stuck to the agreement as did I. I owed £50 in total at the end of the contract.

MamaCaz Sun 18-Nov-18 13:30:58

Thanks everyone smile

SpringyChicken Sun 18-Nov-18 13:31:35

You can cancel your DD as long as you are sure you will have enough credit to cover your final account. If not, the transfer to another supplier will be delayed.

M0nica Sun 18-Nov-18 14:06:22

There is an article on the financial pages of the MoS today about what happens if one of these smaller companies has to hand in their licence. It is generally reassuring about what happens to your fuel supply. It is automatically transferred to one of the big six so fuel - and bills will continue - you would then be free to move your contract elsewhere.

It didn't discuss what happened to any balances the smaller energy company owed to customers.

janeainsworth Sun 18-Nov-18 14:18:13

Hilda you’re quite right that the DD originates from the company, and they can vary the amount they deduct provided that they give you notice of any change to the amount they’re going to deduct. That’s the difference between a DD and a Standing Order. A Standing Order can only be varied by the account holder.

But a DD still has to be authorised initially by the account holder. When you cancel a DD you’re simply withdrawing that authorisation and most DD agreements include the condition that you can cancel at any time.

TwiceAsNice Sun 18-Nov-18 17:43:34

I changed electricity supplier because they kept increasing my DD. Changed to new supplier, they contacted my old one and I was given a transfer date. I gave the new supplier the meter reading and the old one as well. Old supplier sent me a letter saying they would take a lady payment to clear my account and new supplier payment started the 1st of the following month. When the last payment of the old account was taken I then went into my bank and cancelled the DD . Hope that makes sense!

TwiceAsNice Sun 18-Nov-18 17:44:03

Last not lady

MamaCaz Mon 19-Nov-18 20:35:12

There are accounts how appearing about Outfox The Market quickly reinstating direct debits that customers have cancelled with their bank, and also of them generating new invoices based on fictitious meter readings that suddenly plunge a leaving customer from a large credit balance to one of debit, meaning that OFM can then bring the changeover to a new supplier to a halt.
True? I don't know, but I will be watching both our bank account and our energy account very carefully between now and our planned changeover date!

MamaCaz Mon 19-Nov-18 20:36:17

'Now', not ' how'.