"NOTHING TO SIGN, I received a contract": Bernard denounces the methods of two vendors of energy supplier Eneco

Bernard, a resident of Bois-d'Haine (Manage), in the province of Hainaut, recounts his misadventure. On September 12, touts came to his home to "control his electric meter" and also offer him a new contract at Eneco. This last proposition was refused by Bernard. Except five days later, he received a letter stating that he was now under contract with the sustainable energy supplier.

"It's a breach of trust," is indignant Bernard, who does not understand the methods used by touts from Eneco, a Belgian supplier of green energy. On the door of his home, in the village of Bois-d'Haine in the province of Hainaut, he has carefully placed a label "No canvassing", hoping not to be disturbed anymore.

They told me they had been sent to control my electricity meter

On Thursday, September 12, 2019, two people showed up with badges from the sustainable energy supplier Eneco. "They then told me that they were not touts and that they had been sent to control my electricity meter, because new" smart "meters would soon be installed, which would allow them to be picked up. 'index more quickly', He says. "They asked me to see my counter and take a picture, which they did."

Moments later, Bernard was offered to sign a contract with Eneco. "One of them told me 'If you want, we can intervene to get you a cheap contract, a Belgian product'. I told them it did not interest me. I do my contracts myself, by internet. I buy by going to price comparison websites. I said I did not need their service. They still talked to me about fixed price contracts, which I would not have anywhere else ", adds the Manageois.

He thought he had convinced the canvassers not to contact him again. But surprise, a few days later, he received a letter thanking him for having "chosen" Eneco!

"I received an Eneco contract with an old email address, with my old phone number of 2016, with consumptions that do not represent my actual consumption.I have a contract that is done, and this is not even a proposal "he castigates.

A new contract at Lampiris blocked by the false contract at Eneco

A very problematic situation for Bernard. Currently under contract at Mega, he began his steps in mid-September to join Lampiris, but his new contract at Eneco blocked his registration at first.

"On Friday, September 13th, I wanted to sign for three years at Lampiris, who told me on Tuesday, September 17th that they could not make the contract because another contract had already been signed. that it was Eneco, these direct sellers make contracts by abusing people's trust, I did not sign anything, the proof is that they did not have the right email address and my current phone number They took over the data they had in 2015. I already had a contract with Eneco in 2015 because I change when there is a good difference in price, I do not stay with the same electricity supplier . "

"The firm may not be aware of the situation and behavior of its emarcheurs", He added.

A few days later, Bernard returned the Eneco strikethrough contracts to the energy supplier, and he was "released". He was able to register, as he wanted Lampiris. His new contract will begin in November 2019.

"The customer is called to check if it is safe to accept the signed text"

On the side of Eneco, spokesman Mark van Hamme says he wants to investigate this situation. "Anyway, we want to apologize to the person concerned for the misunderstanding.If our salesmen have presented themselves as described, we will take the necessary measures and actions with them", He explains.

When a contract is signed, an additional check is made anyway, in addition to the two-week regulatory cooling-off period. "The customer is called to verify that he is sure to accept the signed text, then a validation number is assigned, and in the case of valid claims, which are rare, we impose contractual penalties on the seller in question. customer service contacted this gentleman to resolve the situation "assured Mark van Hamme.

How are home sellers recruited by Eneco?

The spokesperson indicates that Eneco has a team of home sellers. It explains how recruitment is done. "We insist that all our salespeople follow our guidelines, our philosophy and our approach.We want a door-to-door sale of quality, which means that we must convince people about a concrete offer, not on a deceptive basis" he continues. "Vendor training is completely free and compulsory at Eneco before being able to represent Eneco .This training is in two parts and includes an online learning and training in company.If the training was completed, the advisors will receive a badge / certificate allowing the consultant to represent Eneco, as well as a quality objective: if this objective is not reached, the bonus will be deducted and the seller will therefore receive less commission. "

In practice, it is possible that Eneco provides a consumer without a valid contract, but this is neither legal nor legal

Information exchange between suppliers

How did Lampiris know that Bernard was bound by a new contract with Eneco? Stephane Renier, spokesman for the CWaPE (Walloon Energy Commission), said that the network and distribution manager (Ores) holds what is called the access register, which contains different information: responsible supplier, registered customer, consumption index, periodicity of the readings, type of connection, fluid concerned, etc.

This information is also checked and validated before being saved. Suppliers (Eneco, Lampiris, etc.) do not have direct access to this access register. It is via a dedicated dedicated communication channel (MIG) that they receive information about their customer (s) and / or supply points for which they are responsible and can communicate information to the network and distribution manager. .

Alexandre Alvado, who is coordinator at the CWaPE, gives an example to better understand how information can be exchanged. "When a supplier like Eneco asks ORES to become the supplier of a point of supply for a new customer, it sends a specific message to Ores." Suppliers and network operators must comply with various laws / regulations and procedures. This implies, for example, that the takeover of a supply point can not be done by Eneco until D + 30 days in order to respect the period of notice of one month ", He explains.

"If Lampiris makes a request to take back the supply point for the same date as Eneco or for a date that does not respect the 30-day notice, then Ores will refuse Lampiris' request, because he considers that he can not not be two contracts for the same period and the same customer or because it does not respect the notice period. " Lampiris will then receive a specific message from Ores informing him that his request is rejected for such reason. "This should allow him to adapt his request and return a message of recovery of the point with effective date to D + 30 following the first month of supply of Eneco."

As Alexandre Alvado reminds us, Ores does not control whether a contract is valid between the consumer and the supplier. "It is the supplier's legal obligation to have a valid supply contract to provide energy to a consumer, so in practice Eneco may be able to provide a consumer without a valid contract. but this is neither regular nor legal "says the coordinator at the CWaPE.

File a complaint in case of abusive soliciting

CWaPE spokesperson Stephane Renier recalls that customers who see each other "bound by a contract they did not solicit", can claim the cancellation: "There are procedures that exist that allow us to challenge a contract concluded under these conditions, we have to react fairly quickly."

In the case of distance sales (by telephone or outside the establishment, as with direct sellers), it is expected that the consumer can withdraw from the signed contract within 14 days. This period begins after the written confirmation of the contract by the consumer or by the supplier as the case may be. "Whether the soliciting is abusive or not, the consumer has the opportunity to cancel the contract signed and solve his problem in this way.It is important that he also denounces the practice of selling which he was a victim, first the supplier concerned and also to the competent authorities in this field ", says Stephane Renier.

In the event of abusive canvassing and exceeding the withdrawal period, the consumer must also complain about the situation in writing to the supplier who solicited it (what Bernard did, see above). If the latter refuses to cancel the contract, the consumer may lodge a complaint with the Federal Energy Mediation Service, explaining the reasons why the canvassing is abusive. This procedure is free.

The consumer can also contact the FPS Economy, which monitors compliance with the code of good practice, or the energy ombudsman at the federal level. The FPS Economy will not intervene in your individual case (on the other hand it will send you a notice in order to answer you), but has for mission to use all the complaints to put an end to the illegal commercial practices.

Belgians regularly change supplier

According to statistics provided by Test-Achats, between 2012 and 2017, the switch rate almost doubled in five years in Wallonia, from 11.6% to 19.1%. The "change of supplier" or "switch" is defined as "any deliberate choice of the customer's electricity or natural gas to switch to another energy provider". The rate of change is measured by the regulators (the CREG in Belgium) at the access point. Walloon dwellings thus regularly change supplier. In Brussels, this switch rate is stable (10.3% in 2012 against 11% in 2017) and has significantly evolved in Flanders (16.5% in 2012 and 19.8% in 2017).

Why does the Belgian often change supplier? "There is a huge competition between gas and electricity suppliers, the consumer is getting new offers all the time, which certainly plays a role, and then there is a series of new additional costs on the bill that make the customer attentive to the possible savings ", explained Dirk Van Evercooren, representative of the Flemish electricity and gas regulator, to RTLinfo in October 2016.

The other reason: the change is now free with a month's notice. "For private customers, there is no longer a severance pay, you do not have to worry about breaking the old contract or paying a fine, so changing has become easier. than ever"said Mr. Van Evercooren.