Energy Contract Dispute
The client, located in Wales, was encouraged to enter into a verbal agreement with a third-party energy broker after an unsolicited phone call. The broker subsequently added the client's information into a contract with an energy company without consent. Despite notifying the broker via email to cancel the agreement and remove the client's data, the broker has not complied. The client has not received any written terms or cancellation policy, and the contract is set to begin in April, coinciding with the client's plan to take over a property. The situation raises potential issues under consumer protection laws and contract disputes as the client seeks to invalidate the contract.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I formally contest or dispute this verbal contract with the energy company, given that I was pressured into it and have no written agreement?
To contest the verbal contract, you can assert that you were pressured, thus lacking genuine consent. The absence of written terms and your timely notification to retract the agreement will support your case. Document all communications and evidence of pressure, noting that the contract hasn't yet begun. You may wish to consult a legal expert to assess if the contract was formed under undue influence or if it could be voided.
Are there specific consumer protection laws that could facilitate the cancellation of this verbal contract due to manipulation and lack of written documentation?
You may invoke consumer protection laws, which generally provide a cooling-off period for contracts made at a distance, such as over the phone. This allows consumers to cancel within this period, particularly if no written terms were shared. Additional protections exist against aggressive selling practices, which may help in your case.
If I informed them via email that I do not wish to proceed, is the company legally obliged to honour my request and delete my information?
Under applicable data protection regulations, you have the right to request deletion of your personal data from the company's records, known as the right to erasure. Since you've expressed your intent not to continue with the contract, you can formally request that the company removes your information, which they are generally required to honour unless there is a valid reason to retain it.
Is there a potential basis for claiming that the contract is void or unenforceable, considering I have not provided any lease documentation or taken over the property yet?
The enforceability of the verbal contract can indeed be challenged due to the lack of commencement and absence of written confirmation or lease documentation. You could argue that without formal acceptance or documentation, the contract may be rendered void.
