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Feel sick I think I've fallen for a scam and they've got my bank details and everything oh god please help me I've been so stupid

29 replies

Kenworthington · 30/06/2012 19:56

Oh god where to start? I'm starting my own business and shortly after I started I got phone calls from this company saying they were something to do with business energy and making sure I was on the right rates and getting me off the emergency rate. It was very very plausible. They asked for serial number ofthe meter and found the premises and kept saying how they wanted to make absolutely sure they had the right dates that I moved in ao I wouldn't be paying more than I should be etc etc

So then a couple of days ago I thought right I'd better actually phone the electricity provider that the previous tenant had as I had orig said to the landlord that I'd stick with them and he had informed them so I was waiting to hear back. So I called them and they said they had to check on the best prices for me and call back 2 mins later. 2 mins later I get a call back. I assume it's this energy company id just spoken to. But it's not it's the same people from before. But because I'd literally just spoken to the others I thought they'd instructs them to call me iyswim. I agreed a tariff with these people they said they would handle everything and like a total totall twat I gave them all my banking details for the direct debit.
Of course I then get a call from the energy suppliers I originally contacted. They don't know anything about it. I can't remember the name of the supposed. Ompany that called me. I am completely fucked aren't I? I feel so stupid and so sick. What's going to happen now? What can I do? Not told Dh or anyone in rl about this. Please please help I'm really panicking! And I know how stupid I've been please be kind :(((((

OP posts:
TheRhubarb · 02/07/2012 11:37

You don't need to sign anything for them to set up a direct debit.
However you can, if you bank online, check through your direct debits and cancel them. You should also then be able to see what name they are trading under.

You may lose one payment to them, but you will get their name and you will be able to cancel the direct debit.

Could you find the number of the company which called you and call them back?

There should indeed be a cooling off period and they should send you paperwork detailing the contact you have entered into with them. If they are legit that is. If they are not then I would have thought you have a case because by law, they need to give you notice in writing of the contract.

Kenworthington · 05/07/2012 15:08

I still haven't receieved any paperwork thru the post. I eventually spoke to someone from the leccy co that I had wanted to be with a d they said I wasn't tied into any contract with anyone and I could get it from them. I have now organised this and if these other people get back to me I guess I will have to deal with it then. Thank you for all your replies x

OP posts:
Peppin · 06/07/2012 08:53

Yes, a contract can be formed orally and be binding. With the client I had, the gas supplier called and spoke to a chap who I think was the FD. Unfortunately this chap was having some sort of breakdown and went on long term sick leave the next day. It transpired that the conversation he had had fulfilled all the requirements to create a binding contract under which the charity he worked for was bound to a 12 month contract at exorbitant rates.

There are regulations which cover distance selling (e.g. over the phone or Internet) for people dealing as consumers. In brief, you get a cooling off period in which you can cancel the contract for any reason. But these regs. do not cover you if you are dealing as a business. If the contract terms state that the contract is for a fixed term, you may struggle to get out of it unless you can come to an agreement with them.

Have a look at the terms (which they should have sent you in writing by now) to check the termination provisions. Good luck.

Peppin · 06/07/2012 08:58

Should also say:

You say that you are just starting your own business. Have you incorporated yet? If not then you may be able to assume the mantle of acting as a consumer, if you had the conversation in your capacity as yourself rather than representative of your company.

It is important to remember though that contracts can be formed orally as well as in writing and, contrary to what a poster below has said, there is no requirement for anything to be followed up in writing in order for an enforceable contract to have been formed. And that's what keeps lawyers busy!

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