Bionic..lied.

[Charley12]

Hello everyone. A bit of long story.

I e-signed energy contract via broker bionic. However, next morning I changed my mind so I emailed the broker to say do not go ahead.
Their customer service team replied, emailed to me to say my contract has been removed 'within time' and no longer in their system, and that I'm free to explore other suppliers rates.
So I signed with BG lite whose rates will be live on sept 6th.
Then 6 hours later, bionic emailed to say my energy contract with YU energy will go live in October 8th.
What? But Bionic customer service emailed to say my contract did not go ahead.
I'm a bag of nerves. Please advise. Anything.

 

[Frank the Insurance guy]

Hi @Charley12

This will come down to exactly what the emails to and from Bionic say.

Have you contacted Bionic? Make a formal complaint, send them a copy of the email exchange.

If they have put that in writing (Particularly that you are "free to explore other suppliers", I think it would be difficult for them to force you to continue with the contract.

If they do not confirm the contract is void, then you will need to seek legal advice and take legal action.

 

[fisicx]

Was this a business or consumer contract?

 

[Charley12]

Business.

 

[fisicx]

That does complicate things as there is no cooling off period for business contracts. I suspect the contract will take precedence over the email from the customer service representative. Do what Frank suggests and forward the email to Bionic and see what they say.

You many be paying both suppliers until this all gets sorted.

Maybe @NickGrogan will be able to offer some help.

 

[Charley12]

Thank you for replies. I will update.

 

[Newchodge]

That does complicate things as there is no cooling off period for business contracts. I suspect the contract will take precedence over the email from the customer service representative. Do what Frank suggests and forward the email to Bionic and see what they say.

You many be paying both suppliers until this all gets sorted.

Maybe @NickGrogan will be able to offer some help.

I am not sure that is right. While there is no right to a cooling off period in a business contract, asking to cancel and being told it is cancelled is, I think a valid cancellation.

 

[Charley12]

I have that same understanding. Especially I told the broker English is not my language. Hes very happy to guide me to e-sign but he never say the key points of a business contract. This is not right at all and I will fight this.

 

[Newchodge]

I have that same understanding. Especially I told the broker English is not my language. Hes very happy to guide me to e-sign but he never say the key points of a business contract. This is not right at all and I will fight this.

I am afraid that is not a valid argument. Your ONLY chance of getting out of the Bionic contract is the email telling you the contract is no longer on their system and you are free to look elsewhere.

 

[Charley12]

Ok. I have all the emails. Awaiting their reply now.

 

[fisicx]

This is not right at all and I will fight this.

Unfortunately it is right. This is UK contract law. As the business owner you are responsible for reading the contract. If you do not understand the contract you pay for a lawyer to explain it to you.

 

[Charley12]

Hello everyone, thank you for all your replies.
So here is what happened.
Rang bionic customer team, and sent emails. 1&half hour later, finally spoke to lady x (that told me my contract was cancelled).
She re confirmed by email that my contract is cancelled, that there is no reporting of Yu energy applying for swithover.
And I have also BG Lite webchat transcript to say Yu Energy did not/have not apply switchover.
Since I'm in contract with BG Lite now, switchover will be objected.

Lady x also confirmed the email saying my energy with Yu will go live, was sent in error to me by the automatic email system.

She also confirmed by email that since the contract with YU did not go ahead, any DIFY contract with bionic is now void.

Thank you. I hope this helps someone and avoid my stupid mistake.

 

[NickGrogan]

Why the difference in the dates? If you're out of contract, then Yu Energy would apply for an immediate start. If you're in a contract already, then how does the BG Lite contract start sooner?

Looking at your latest post, it appears that you were already with British Gas / British Gas Lite and they have offered you a new contract, blocking the Yu Energy contract.

They are not supposed to do this, as you have a legally binding contract with Yu Energy, but it happens.

You'll probably get letters from YU Energy and British Gas Lite in October when YU energy tries to takeover.

You will only ever be with one supplier, so you shouldn't get billed twice.

FYI Bionic is not a party to the contract, so whilst they can request that a contract is cancelled, they cannot agree to the cancellation on the supplier's behalf.

 

[Charley12]

Hello Nick Grogan, thank you for reply. OK I put the dates so we can understand better.
Sept4 evening-signed with bionic+Yu.

Sept5, morning- called and emailed to cancel. Cancel confirmed. So I signed with bg lite which is the current supplier to the business I just bought in August, paying deemed rates. New bglite contract live from sept 6.

Sept5, evening- Email from bionic to say Yu contract will go live in October.

Sept6, morning. Bionic/lady x confirmed contract was cancelled at 1227 on sept 5. No longer in system. No reporting that Yu apply for switchover.

She said the bionic email (sent on sept5) saying my contract would go live in October, was sent in error by automatic email system.

I will continue to monitor the situation.

 

[Scott DLE]

Good luck with British Gas lite. In my experience they are a bloody nightmare.

 

[Charley12]

Hi. Can you please elaborate so I can learn how to deal with them? Please, thanks.

 

[Scott DLE]

Hi. Can you please elaborate so I can learn how to deal with them? Please, thanks.

We moved premises and as bionic was the broker thought easy enough. Bionic was the broker for old unit also. However no matter what we sent to BGL they still kept billing for old unit and refusing to accept we had moved, in the end they wanted a solicitor letter . I refused in not to polite a manner.

Anyways bionic actually sorted it out for us in the end, which was 3 months later. As you can it was pretty frustrating at the time. Forgot to say bionic told me on the phone that BGL are hard to deal with also. Pretty much the same complaint they have all the time.

 

[Charley12]

Ok thanks. Personally I think all suppliers are vultures and im done with brokers but I'm pleased bionic worked out for you.

 

[TazzyTaz]

This has just happened to me. Unfortunately, I signed up with Bionic as suppliers of my energy to find the "best" deals 4 years ago, this is a lie. They have auto-renewed my next contract without my knowledge and I have the worst deal for the next 4 years. My current contract doesn't renew for another 4 months so I thought I was in plenty of time to find a good contract. They have tied me up in red tape that I am forced into a deal with them and pay double what is currently available as a new contract. Avoid at all costs

 

[Stephen Ball]

This has just happened to me. Unfortunately, I signed up with Bionic as suppliers of my energy to find the "best" deals 4 years ago, this is a lie. They have auto-renewed my next contract without my knowledge and I have the worst deal for the next 4 years. My current contract doesn't renew for another 4 months so I thought I was in plenty of time to find a good contract. They have tied me up in red tape that I am forced into a deal with them and pay double what is currently available as a new contract. Avoid at all costs

There's certainly potential to challenge this if the original agreement was set up 4 years ago. If you can send me your details I'd be happy to spend some time discussing your options and to help you - no obligation.

 

[OnetoAvoid]

AVOID BIONIC
I'v also had 7 contracts under them for the last year or so. It's all about the renewal, where they lock you in at sky high prices. Our best means of challenging this is the docusign agreement. They get customers to sign an agreement while on the telephone within a period of 5 mins, without disclosing any information on it, but while waiting for that e-signature.

 

[Deborah]

We are having an issue with Bionic and finding it very difficult to elicit any response from them. They claim we have entered into a new electricity contract through them via a phone call last February, of which we have absolutely no knowledge. As we are on a very reasonable fixed contract with EDF until this coming September, it is exceedingly unlikely that either my husband or myself would have agreed to anything else, so I have asked for proof, either by means of a signed written contract or a voice recording. Nothing forthcoming as yet.

Our current contract was set up through a personally recommended local broker, but Bionic will not deal with either them or EDF - we have to do it in person.

Has anyone else come across something similar and been able to resolve it?

Many thanks

 

[Stephen Ball]

We are having an issue with Bionic and finding it very difficult to elicit any response from them. They claim we have entered into a new electricity contract through them via a phone call last February, of which we have absolutely no knowledge. As we are on a very reasonable fixed contract with EDF until this coming September, it is exceedingly unlikely that either my husband or myself would have agreed to anything else, so I have asked for proof, either by means of a signed written contract or a voice recording. Nothing forthcoming as yet.

Our current contract was set up through a personally recommended local broker, but Bionic will not deal with either them or EDF - we have to do it in person.

Has anyone else come across something similar and been able to resolve it?

Many thanks

Hi Deborah,

Hopefully here's how you might be able to resolve it...

If Bionic are relying on a verbal recording to form the contract, then they must have a copy of it.

You can make a formal request to Bionic to have a copy of this call recording under a 'Subject Access Request'. You may wish to just review the ICO webpage about how to construct that request, but essentially you can ask them to provide a copy of this recording to you.

If they fail to provide this within a reasonable timeframe, then you may be able to report them to the ICO. That might cause them some bother.

Or, if they confirm they don't have a copy of such call recording, then they can't hold you to the contract.

 

[Evansash]

I too have issues with Bionic. They set up 3 year business contracts with EDF in June 2021. When I spoke directly with EDF this week they say that Bionic have committed me to new contracts from June 24 and that this was done in July 2023. I was never advised of this and had not agreed to it. The rates are far higher than today's rates and EDF say they cannot do anything unless Bionic remove the DIFY's. Complaint made to Bionic who have acknowledged but disputed that they have done anything wrong. The complaint handler will not speak to me and OFGEM not interested until 8 weeks after complaint made. Can i get complain elsewhere or force EDF to cancel?

 

[Stephen Ball]

I too have issues with Bionic. They set up 3 year business contracts with EDF in June 2021. When I spoke directly with EDF this week they say that Bionic have committed me to new contracts from June 24 and that this was done in July 2023. I was never advised of this and had not agreed to it. The rates are far higher than today's rates and EDF say they cannot do anything unless Bionic remove the DIFY's. Complaint made to Bionic who have acknowledged but disputed that they have done anything wrong. The complaint handler will not speak to me and OFGEM not interested until 8 weeks after complaint made. Can i get complain elsewhere or force EDF to cancel?

Wow. Absolutely diabolical.

In my opinion, the reason for them securing the contract in 2023, to commence in 2024 certainly wasn't done in YOUR best interest, it was done in their interest.

It may be easier to speak about the detail off this forum, so I'll send you a message if you want to chat about this further.

 

[Andy Halss]

There is a law firm in Newcastle looking to take action against bionic on this do it for you renewals. Energy Solicitors they are called

 

[Suda]

I too have issues with Bionic. They set up 3 year business contracts with EDF in June 2021. When I spoke directly with EDF this week they say that Bionic have committed me to new contracts from June 24 and that this was done in July 2023. I was never advised of this and had not agreed to it. The rates are far higher than today's rates and EDF say they cannot do anything unless Bionic remove the DIFY's. Complaint made to Bionic who have acknowledged but disputed that they have done anything wrong. The complaint handler will not speak to me and OFGEM not interested until 8 weeks after complaint made. Can i get complain elsewhere or force EDF to cancel?

I have same issue as you instead of July 2023 they have sign me up contract October 2023 when my contract runs out in end of July2024. After contacting them to resolve the issue they were very unhelpful and sent me the deadlock letter. I need help to come of the contract.

 

[Evansash]

I have same issue as you instead of July 2023 they have sign me up contract October 2023 when my contract runs out in end of July2024. After contacting them to resolve the issue they were very unhelpful and sent me the deadlock letter. I need help to come of the contract.

They let me out of the contract because they could not find the call recording where it was allegedly explained to me. Ask them for your call record. I have complained to OFGEM sending the deadlock letter where they said that they did nothing wrong so you could do this also.

 

[Suda]

They let me out of the contract because they could not find the call recording where it was allegedly explained to me. Ask them for your call record. I have complained to OFGEM sending the deadlock letter where they said that they did nothing wrong so you could do this also.

Thanks. But what is the point going to ofgem when they going to say same thing as bionic. I have already requested call recordings.

 

[Stephen Ball]

It wouldn't be Ofgem you complain to. It would be the Energy Ombudsman who are now able to rule against brokers and oblige brokers to compensate customers. We'd be happy to help further if you wish to disclose any details in a private message.

Although you have requested call recordings, you may wish to ask for this in the format of a 'Subject Access Request.' This makes the request a little more official. in line with GDPR.

 

[XYU]

I have the same problem with Bionic, my energy contract was automatically renewed for 2 years. The recent energy contract still have 10 moths to go. All the emails they sent to me was in the spam. They said I can’t cancel the renew contract as it is out of the opt-out time…. called and complained, nothing happened. Try to disrupt that to Energy Ombudsman but it said I need do that after 8 weeks.

 

[Evansash]

I have the same problem with Bionic, my energy contract was automatically renewed for 2 years. The recent energy contract still have 10 moths to go. All the emails they sent to me was in the spam. They said I can’t cancel the renew contract as it is out of the opt-out time…. called and complained, nothing happened. Try to disrupt that to Energy Ombudsman but it said I need do that after 8 weeks.

If you get a final response from Bionic you would not need to wait 8 weeks. Ask them for call recording to prove when they fully explained their ability to renew without your agreement, They could not provide me with that which is how i got out of the contract. I have still complained to Ombudsman about their sales practices and unfair contract allowing them to secure a new contract without specific agreement of proof that i had received the emails.

 

[Evansash]

Before i realised what they had done i asked them to sort my telecoms. That was also problematic and they have set it up wrong so waiting for calls to be analysed and could be another complaint!

 

[XYU]

If you get a final response from Bionic you would not need to wait 8 weeks. Ask them for call recording to prove when they fully explained their ability to renew without your agreement, They could not provide me with that which is how i got out of the contract. I have still complained to Ombudsman about their sales practices and unfair contract allowing them to secure a new contract without specific agreement of proof that i had received the emails.

I will try. Did you signed an agreement “Do it for you (DIFY) contract” when you with Bionic? They sent that contract to me, and contract shown that the next DIFY day is on July, but the contract also written that the actual date is subject to change. But I am sure they didn’t explain that contract is for renewing without my agreement when I first contacted with them.

 

[Newchodge]

I will try. Did you signed an agreement “Do it for you (DIFY) contract” when you with Bionic? They sent that contract to me, and contract shown that the next DIFY day is on July, but the contract also written that the actual date is subject to change. But I am sure they didn’t explain that contract is for renewing without my agreement when I first contacted with them.

They don't have to explain what is written in the contract. They expect you to read it.

 

[IanSuth]

They don't have to explain what is written in the contract. They expect you to read it.

This x10

It is a B2B contract not B2C you have to treat it as such and know you have very limited recourse in b2b contracts, you are expected to be a business expert (or have access to solicitors etc who will do due diligence for you) and thus be making an informed decision

 

[Stephen Ball]

There's a recent article here which seems to fit this discussion:
just put www. in front (can't post the link):
energylivenews.com/2024/06/27/energy-broker-faces-backlash-over-auto-renewal-contracts/