Utility companies operating as credit brokers

FYI (from telegram):
https://t.me/SMARTGASELECTRICMETERSREPLACED/3350

All Energy companies are operating as credit brokers. They are supposed to notify you of this prior to you entering into a service agreement.  They must make it clear that you are paying for debt and not for the use of electricity, gas or water.  Under the Consumer Credit Act of 1974,   a true contract must be drawn up and therefore adhere to the following before payment: See section 61 below:

Section 61 of the Consumer Credit Act of 1974, stipulates that a credit agreement is not properly executed unless it contains all the prescribed terms and conforms to regulations made under section 60 (1) of the Act, and is signed in the prescribed manner.

61. Signing of agreement.

1)     A regulated agreement is not properly executed unless—
(a)   a document in the prescribed form itself containing all the prescribed terms and conforming to   regulations under section 60 (1) is signed in the prescribed manner both by the debtor or hirer and   by or on behalf of the creditor or owner, and
(b)   the document embodies all the terms of the agreement, other than implied terms, and
(c)   the document is, when presented or sent to the debtor or hirer for signature, in such a state that   all its terms are readily legible.

Under the Consumer Credit Act of 1974, Chapter 39, Part X of section 155: an individual has the right to recover brokerage fees. This means that an individual is protected if no credit agreement has been signed by two consenting parties and any costs over £5.00 has to be refunded.

155 Right to recover brokerage fees.
(1)   [F1 Subject to subsection (2A),] the excess over [F2 £5] of a fee or commission for his services charged by a credit-
broker to an individual to whom this subsection applies shall cease to be payable or, as the case may be, shall be recoverable by the individual if the introduction does not result in his entering into a relevant agreement within the six months following the introduction (disregarding any agreement which is cancelled under section 69 (1) or becomes subject to section 69 (2)).

Note: should you not have been aware that you were dealing with a credit broker and buying debt, then this would constitute fraud (See fraud Act 2006, Sections 2 and 3 below) and all prior payments and direct debits should be reclaimed.

Fraud Act 2006 See sections 2 and 3
2 Fraud by false representation

(1)  A person is in breach of this section if he—
(a) dishonestly makes a false representation, and
(b) intends, by making the representation—
(i) to make a gain for himself or another, or
(ii )to cause loss to another or to expose another to a risk of loss.
(2)  A representation is false if—
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
(3)  Representation” means any representation as to fact or law, including a representation as to the state of mind of—
(a) the person making the representation, or
(b) any other person.
(4) A representation may be express or implied.
(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

Utility Companies operating as Credit Brokers
All energy companies are operating as credit brokers and are supposed to notify you of this when entering into a service agreement with them. It must to be made clear that you are paying for debt and not for the use of electricity, gas or water, and a true contract is needed to be drawn up, before payment is made, as follows:

Consumer Credit Act 1974
Under the Consumer Credit act 1974, Chapter 39, Part V, section 61; a signed credit agreement has to be signed by both parties.

61          Signing of agreement
1. A regulated agreement is not properly executed unless-
a) A document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and
b) the document embodies all the terms of the agreement, other than implied terms, and
c) the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

Under the Consumer Credit act 1974, Chapter 39, Part X, section 155; an individual has the right to recover brokerage fees. Meaning an individual is protected if no credit agreement has been signed and anything over £5 has to be refunded.

155      Right to recover brokerage fees.
1. [Subject to subsection (2A), ]the excess over [nf5] of a fee or commission for his services charged by a credit-broker to an individual to whom this subsection applies shall cease to be payable or, as the case may be, shall be recoverable by the individual if the introduction does not result in his entering into a relevant
agreement within the six months following the introduction (disregarding any agreement which is cancelled under section 69(1) or becomes subject to section 69(2)).

Note: if you were not made aware that you were dealing with a credit broker and buying debt, then
this would constitute fraud and all prior payments including direct debits should be reclaimed

The Gas (Prepayment Meter) Regulations 2006

(4) The agreement must include written terms to the following effect—
a) that the customer can give a notice of cancellation to the gas supplier;
(b) where notice of cancellation is given the agreement shall be treated as if it had not been made;
(c) notice of cancellation can be given orally or in writing and must be given within seven working days beginning with the day on which the customer receives written terms of the agreement;
(d) that the repayment rate and repayment amount has been calculated by the gas supplier to take into account the customer’s ability to pay the total of all charges to be recovered though the prepayment meter;
(e) that the customer has agreed to the repayment rate and repayment amount;
(f) that the repayment rate and repayment amount can be varied— (i) at the customer’s request and if agreed by the gas supplier; or (ii) by the supplier in accordance with sub-paragraph (d) and with prior notice given to the customer; and (g) either party can terminate the agreement on provision of 30 days' oral or written notice

In relation to The Gas Act, a consumer is defined as a person who is supplied with gas to a particular premises. Schedule 2B, paragraph 8(1) provides for a deemed contract to exist between a gas supplier and a consumer where a gas supplier supplies gas to a consumer where there is no other contract in place.  

[Forwarded from Utility: Billing Agents]
Via a dsar you can ask for the legally binding contract which includes their authorised signatory. In compliance with the companies act. Who is it that is allegedly supplying the energy?  Are the energy companies, companies? So what exemption do they possess to breach this act? To breach a contract, there has to be one first and this is why they dont issue court action for breach of contract. You can also ask them for description of their services ie supplier and then ask for you data within their accounts ….. Remember a dsar is you asking for your specific data within documents and other forms such as emails, recordings etc .

https://awakenedgb.wordpress.com/2022/01/18/stop-paying-for-electricity-gas-and-water/

Via a dsar you can ask for the legally binding contract which includes their authorised signatory. In compliance with the companies act. Who is it that is allegedly supplying the energy?  Are the energy companies, companies? So what exemption do they possess to breach this act? To breach a contract, there has to be one first and this is why they dont issue court action for breach of contract. You can also ask them for description of their services ie supplier and then ask for you data within their accounts ….. Remember a dsar is you asking for your specific data within documents and other forms such as emails, recordings etc .

Remember I am not legally trained so as usual use duediligance.