Saturday, February 7, 2015

Too many unfair terms in contracts of energy suppliers – The Tribune.fr

Too many unfair terms in contracts of energy suppliers – The Tribune.fr

A new report sounds the alarm about the presence of unfair terms in contracts between energy suppliers and their customers, practices that regularly denounce consumer associations but difficult to eradicate.

No fewer than 31 unfair terms in contracts for electricity and gas supplies (excluding LPG) were denounced by the Unfair Terms Commission (CAA), in a document published on its website.

By issuing a “recommendation” to suppliers, the body under the supervision of the Secretary of State for Consumer Affairs, seeks to change or disappear as they cause a “significant imbalance between the rights and obligations of the parties to the contract “to the detriment of the consumer.

Imposing debit

Among the practices complained last year, CAA notes imputed bills whenever the computer malfunctions, the fact of “impose debit as only method of payment” or to leave the impression that they could terminate the contract at any time.

The Commission also considers unacceptable that the consumer receives the invoice only electronically, or it is charged to undefined costs in case of non-payment.

She wants to eliminate contract clauses which tend to require the consumer to ensure that the subscribed rate corresponds to its needs.

It also criticizes the supplier of power in case of problems, too easily discharge from liability by invoking a force majeure, the definition is “wider that the common law. “

EDF and GDF-Suez defend

Meanwhile, incumbents argue that they have already changed some clauses.

“We have evolved our terms of sales in 2013 and have been applied on 1 February 2014 to incorporate best practices,” has responded a spokesman for EDF, told AFP.

“Things have been clarified at the relation” between the supplier and the consumer, she added, refusing What was about to detail exactly what clarification work.

At GDF Suez, a spokeswoman says that “there were three issues that concerned us” and “there is a certain many things we corrected “

One thing to be exact. consulting clause. This “was changed in July 2014, on the recommendation of the Committee in its preliminary report published in March” , according to the spokesman for GDF-Suez.

GDF Suez believes it is his advisor at the time of the subscription contract but it is up to the customer to ensure the adequacy of the price and consumption “for the duration of the contract,” added mention to the original clause. As for the recommendation to run the payment period from the receipt of invoice date instead of the date of dispatch, GDF Suez says the issue is currently “governed by a decree, so it ‘ is the decree which requires the commission’s recommendations “

On the force majeure.” l definition in our terms and conditions and has not been modified “ says the operator.

The Secretary of State for Consumer Affairs said Saturday, February 7 have asked the Directorate General for Competition, Consumption and Fraud (DGCCRF) “to conduct an audit of the proper implementation of this recommendation” of the CAA and “if necessary, initiate legal action for compliance.”

In February 2013, the consumer association UFC-Que Choisir had assigned justice in EDF and GDF Suez and their smaller competitors Direct Energy and Eni for many “unfair terms” in electricity and gas contracts for Private Client.

The process is still ongoing, according to Le Parisien.

About 50% of the French say they regularly have a bad surprise discovering the amount of the invoice without the means to verify it, and a quarter have difficulty to pay, according to a poll Ifop-Qinergy published in autumn 2014

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