QUESTION
What can I do to cancel to contract and can I still do so?
Asked on Jul 14th, 2013 on Litigation - Idaho
More details to this question:
I am writing this complains to express my fury and frustration towards AP G&E and Real Energy Solution. I really hope you could help me handle the situation, so that it's not necessary for me to take things even further. One day, an energy consultant from Real energy solution, broker of AP G&E came to my store and demanded that I show her the electricity bill. After taking a look, she claimed I can save about $200 per month if I switched to her company. The rate she suggested was .8552 cent / Kwh while my current rate was .700 cent/Kwh. When I asked how I can save money when her provider had a higher rate, she said that the rate .8552 cent/kwh included the delivery fee, which will save me $200 per month. I asked and checked several times, and she confirmed confidently, claiming I can cancel any time if it was not true. So on February 9th, 2013, I signed a contract with AP G&E to switch the electricity provider which will be effective starting September 2nd, 2013. About a month ago, I called the energy consultant to confirm it one more time, and she said that she is not working with Real Energy Solution anymore and that the rate she gave me does not include the delivery fee. When I tried to argue, she just kept repeating that she is not working for Real Energy Solution. She told a lie to make me sign the contract. Then, I called Real Energy Solution to cancel this ridiculous contract, but they threatened me saying there will be an early termination fee that is more than $4,000. When I called APG&E, which will provide electricity, to explain this situation and to cancel the contract, they also just talked about the early termination fee, not taking any responsibility for the rip off. I even sent them emails multiple times to claim my right to cancel the contract, but they never got back. I cannot afford to pay more than $4000 (as it can be seen from my action to save money, in fact), and even if I could, I will not do so when the responsibility clear.
7 ANSWERS
Ronald A. Steinberg
Sue for breach of contract. Why did you show the bill? It was none of her business.
Answered on Jul 23rd, 2013 at 9:06 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You need to take the contract to a lawyer so that it can be looked at in detail to find if there are any escape clauses or loopholes you can use.
Answered on Jul 18th, 2013 at 7:55 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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This question is outside my area of expertise. Hence, I am unable to provide you with an answer.
Answered on Jul 18th, 2013 at 7:47 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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The responsibility is clear, indeed: you signed the contract. If the contract states that the delivery fee is included in the rate, the supplier cannot bill you for the delivery fee separately; but, if the contract states that you will pay .8552 c/Kwh plus delivery fee, then that's what you agreed to pay. If the contract states that you can cancel anytime without a penalty, then the company will not be able to charge you a cancellation fee. But I suspect that you will find that the contract says something different about cancellation (likely, in small print). Being an adult, you are not supposed to sign a binding obligation just because someone who is not your attorney tells you its OK to do so. Now, you have a couple of reasonable options: a) READ THE CONTRACT to find out what are the terms about the delivery fee and about cancellation; if the terms are clearly against you, calculate how much you will have to pay for electricity before you can terminate the contract without penalty, brace yourself - and prepare to pay; meanwhile, - get an appointment with the highest executive at AP G&E you can reach, explain very calmly and politely that you believe you were conned into the contract by a crook, and that the company should not be complicit in this fraud and let you off the hook; - if it does not help, try to tell your story to the local media - as a warning to others who might fall victims to the same fraud; - call the office of the state's Attorney General, file a fraud complaint; - call the county's Consumer Protection Bureau, report the improper business practice, file a complaint. Make sure that your complaints are against both the broker and the company (this is why it is important to talk to a decision-maker there before you start this campaign: the company will otherwise deny any wrongdoing, and you will remain on the hook for .8552 c/Kwh plus delivery fee); chances are that you might attract enough attention to APG&E that they would reconsider their position; OR b) hire an attorney and discuss with him/her whether you should sue or wait to be sued; the problem is that, in an attack or in defense, litigation will cost you more than $4000 (and much more than the increase in your electric bill; this is how the fraudster companies plan their frauds - they make it so that, once you fall into a trap, it is cheaper for you to go along than to take the fight into the court).
Answered on Jul 16th, 2013 at 7:53 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Send them a letter, accuse them of fraud and send a copy to the better business bureau and to the attorney general in Raleigh and to the Utilities Commission in Raleigh.
Answered on Jul 16th, 2013 at 6:21 PM
Michael J. Breczinski
Call the police. This is out and out fraud. Also call the media. The companies may back down if they get bad press.
Answered on Jul 16th, 2013 at 6:21 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File a complaint with the Better Business Bureau.
Answered on Jul 16th, 2013 at 10:10 AM