Is Momentum Energy saying we alter charges when they like and not inform you of the change?

Diji1 on 24/06/2015 - 12:32

Currently reviewing my energy provider and decided to go with and decided to choose Momentum Energy and I was perusing the Terms & Conditions and found something troubling to me.

The document is here:

http://www.momentumenergy.com.au/system/files/documents/Tand…

Section 2.14 Variation of the Charges (page 13 for me) contains the text:

"2.14.2 If we determine that you were not
eligible for the product, Campaign or offer set
out in the Details at the time you entered into
this Contract, or if you become ineligible for
that product, we may transfer you to a different
product appropriate to your circumstances."

Every other point in this section is regard to varying the plan or charges just as this point does however they additionally have wording which, to paraphrase, says we will contact you to notify you.

This point has no wording about contacting me.

Would you be worried about this? I'm not a lawyer but the agreement appears to give them the right to move me to a product of their choice without contacting me about it. Is this intrpretation correct?

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Comments

  • pjetson on 24/06/2015 - 12:47

    Let's say they had a special product for people with red hair and green eyes, and they signed you up to that product. Then, they found out that you did not have red hair and green eyes, and therefore were not eligible for that product.

    This section is clearly saying that if you are not eligible for a product, they can transfer you to a different product.

    I may be wrong - I've been wrong before. I am also not a lawyer.

    Why not ring them and ask them what it means?

    • blitz on 24/06/2015 - 12:54

      Why not ring them and ask them what it means?

      Why not ring them and ask them what it means?

      • Diji1 on 24/06/2015 - 19:00

        Gee I don't know maybe because electricity company representatives will outright lie to you and then say "Oh you're right" casually when you point out that you know what they said is incorrect.

        For example without enquiring I have electricity company representatives repeatedly informing me that the Government sets the "market rate" or "market tariff" that they charge which is false in South Australia, the retailer - ie the person lying to you at that moment - sets the price.

        • pjetson on 25/06/2015 - 08:56

          If you don't trust them, don't sign their contract. That'll teach them.

  • spersephone on 25/06/2015 - 12:07

    It seems to me that if you sign up to a product that you shouldn't have, they are reserving the right to remove you from it and place you on an appropriate one. They're covering themselves. I can't see that it's that big a deal?

    It's like using a promotion code that was provided to a particular sub group of people to get a good price. Then it comes out that you shouldn't have been allowed to use that, and they cancel the order and charge you the correct rate.

    They're a pretty good company I've found, I don't believe they're trying to engage in anything shonky here.

  • AssociatedKate from Momentum @ Momentum Energy on 19/11/2018 - 10:24

    I work at Momentum and pjetson has hit the nail on the head. That's exactly what the intention of this clause is. It's only for people who are signing up to special deals - for example our staff deal. If I sign up to that, then leave the business, Momentum reserves the right to put me onto another offer. ~Kate

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