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-----Original Message-----
From: Marie-Louise email [mailto:Marie-Louise email]
Sent: Thursday, July 15, 2010 9:04 AM
To: Customer Service; Marie-Louise@hotmail.com
Subject: Contract 24082627 and contract
to: from:
Just Energy Marie-Louise
company: date:
Just Energy 15/07/2010
fax number: total no. of pages including cover:
1-888-548-7690 4
Phone number: sender's reference number:
1-888-674-7878 Account # 6041108710060085000
Re: Your reference number:
Cancellation Fee Contract 24082627
As discussed with a representative I spoke to on July 9, 2010, I am sending you via fax:
1. The renewal letter for my Gas contract account # 116524232014 (Please note: Tanja Young no longer resides with us and therefore her name should be removed from all correspondence) 2. My cancellation Fee letter dated June 24, 2010, for cancelling a contract of which I have no knowledge, nor any documentation.
3. Letter outlining the facts as I know them.
To who it may concern;
On June 5th, I was contacted by one of your competitors, offering me a better rate on my Hydro bill than your company has been charging me over the last four and a half years. This other company offered me a rate of 5.2 over the next 5 years, where your company (or the company you bought) had been charging me a rate of approximately 11. Even though I knew my contract with you was not over yet, I felt that I would save considerable money by switching to this other company. I was aware that I would be charged a cancellation fee for terminating my contract 6-7 months early, but over those months, even with the cancellation fee, I would still have been saving money.
When this new company advised my hydro that they would be taking over my contract, a representative from your company called me the week of June 21st 2010? to tell me that you had been trying to reach me as my old company had been bought out and you wanted to offer me a better rate. That you had been advised I was now switching to a new company. Your new offer was presented, I mentioned the other company was offering me better, your agent mentioned a cancellation fee for my remaining 7 months (up to January 2011 was clearly mentioned). This fee was no more than $ 150.00 which I feel is somewhat reasonable, considering I have been paying more than double the market prince over the last 4 ½ years.
Later that week I received a cancellation letter/bill (included) indicating that I had signed up for a new contract on May 11 2010 and my cancellation fee for early termination of a 5 year contract was $699.04 (plus GST) for a total of an astounding $733.99! I set the letter aside to research this new contract. I have checked my work schedule for that week and I was at work from 8 to 5 every day, which means I was not at home from 7 AM to 6PM as my travel time is about an hour each way. I do not have any documentation regarding this new contract. I verified my emails and did not find anything there. (Some companies will send an email confirmation)
On July 9, 2010 I received a Contract renewal letter for my gas (included). I contacted the client service number indicated on the letter and spoke to a helpful agent (I forgot to jot her name down). I told her I did not feel comfortable renewing my gas contract when I had such a bill for my Hydro. The agent looked into my hydro account and could not find a 5 year contract, only the contract ending on January 2011. She indicated the cancellation fee was no more than the $150.00 I anticipated. I told her I had a letter (included) indicating I owed $733.99 for cancelling a 5 year contract. I wanted information on when and how I had signed up for this contract and she could not find the contract, and therefore could not give me any information. The only information I have is the Exit Fee letter I received. I agree to paying the Early Exit Fee for terminating the contract which ends in January 2011, but I cannot pay an Early Exit fee for a 5 year contract I have no knowledge of entering and you client representatives can't find on my account when I call.
Let it be noted that I will NOT renew any contract with you (gas) until this situation has been resolved.
Fax to come with documents
Marie-Louise
-----Original Message-----
From: Customer Service
Sent: Friday, July 16, 2010 2:02 PM
To: 'Marie-Louise email'
Subject: RE: Contract 24082627 and contract 24082627-100716 ON WF
Dear Marie-Louise,
Thank you for your email and we apologize for any inconveniences caused by this issue. We are in the process of looking into this matter and we will be getting back to you shortly. Rest assured that the early termination fee of $733.99 will not apply if you did not accept a new term.
Should you have any further questions regarding Just Energy or our Price Protection Programs, one of our Customer Service Representatives will be pleased to assist you toll free at 1.866.587.8674.
Sincerely,
Customer Relations
Phone: 1.866.587.8674
Fax: 1.888.548.7690
Just Energy
-----Original Message-----
Sent: Thursday, July 22, 2010 3:35 PM
To: Marie-Louise email
Subject: FW: Contract 24082627 and contract 24082627-100716 ON WF
Dear Marie-Louise,
Thank you for your patience. We tried calling you today around 12.41pm but you were unavailable, we were able to leave our contact number with a lady we spoke with.
We reviewed your account and the reason why you were sent an early termination fee in the amount of approximately $733 was because you had chosen to accept a blend and extend offer on May 24 2010. We also sent you a confirmation email on the same day which we have attached to this email for your reference. The purpose of the blend and extend program is to reduce your rate from your previous program to a lower rate and start you on a new 5 year term before the expiry of your previous term. You previous rate on the Electricity Price Protection Program was at 9.59c/kwh which was reduced to 7.5c/kwh. Please keep in mind that this rate is a potential benefit to you as you are protected from the time-of-use meter rates. For more information on the time-of-use/smart meter rates, you can visit ieso.ca. Furthermore, because the program was extended for another 5 years and you chose to cancel on June 25 2010, the early termination fee was calculated based on the length of this term and not your previous term.
We would like to encourage you to consider the benefits of the fixed rate on the new term as it is guaranteed to provide stability and the ability to budget your bills more effectively.
Should you have any further questions regarding Just Energy or our Price Protection Programs, one of our Customer Service Representatives will be pleased to assist you toll free at 1.866.587.8674.
Sincerely,
Customer Relations
Phone: 1.866.587.8674
Fax: 1.888.548.7690
Just Energy
80 Courtneypark Dr. West, Units 3 & 4
Mississauga, Ontario L5W 0B3
justenergy.com
-----Original Message-----
From: Marie-Louise email [mailto:Marie-Louise email]
Sent: Thursday, July 22, 2010 4:25 PM
To: Customer Service
Subject: FW: Contract 24082627 and contract 24082627-100716 ON WF
Hello,
I have just noticed, the letter says I renewed on May 11th, 2010, this email says on May 24, 2010. How can I have agreed retroactively?
The email in attachment could easily have been created AFTER the fact to "create" proof as there is no date in the "sent", nor is there a sender in the "From".
Attached you will see what a "proof email" is supposed to look like.
Which is it?
Please respond with
-----Original Message-----
From: Marie-Louise email
Sent: Thursday, July 22, 2010 3:47 PM
To: 'Customer Service'
Subject: RE: Contract 24082627 and contract 24082627-100716 ON WF
Hello,
I would like to further protest.
1. I have never received the attached email. At what time was that email sent? The attachment did not specify.
2. Please provided me with the time of day I agreed to this extension. As I was away from home on the 24th from 7 AM to 5:30 PM I work between those times and I was at work on that day. I have no recollection whatsoever of renewing a contract with you.
3. Please tell me why every time I called or spoke to someone, they could not tell me of the "renewal"?
I am currently at work, so I OBVIOUSLY am not at home. I will be here until after 5, like usual
Please note that I will NOT renew my gas contract with you.
Marie-Louise
-----Original Message-----
Sent: Friday, July 23, 2010 2:27 PM
To: Marie-Louise email [NC]
Subject: RE: Contract 24082627 and contract 24082627-100722 ON WF
Dear Marie-Louise,
Thank you for your email. We will be sending you the email that was sent to you the same day you accepted the new offer by forwarding it on a separate email. This will help in referencing who sent the email and what time and day it was sent.
The call in which you accepted the renewal offer was made on May 24 2010, Victoria Day long weekend, at 2.26pm by a representative named Josh. On this call, Josh explained that you have 14 days from acceptance to revert to your old contract and should you wish to cancel after that, you will be required to pay early termination fees. Please note that should you wish to cancel this new agreement now, you can disregard the early termination invoice of approximately $733 as we would recalculate this amount which should be significantly less than this amount.
If you received a letter from us related to May 11 2010, we reviewed your account and found that when you accepted the renewal offer, it was retroacted based on your billing cycle. The actual confirmation date is still May 24 2010 as per the confirmation phone call.
Please confirm should you wish to continue on the Price Protection Program or you wish to cancel the program.
Should you have any further questions regarding Just Energy or our Price Protection Programs, one of our Customer Service Representatives will be pleased to assist you toll free at 1.866.587.8674.
Sincerely,
Customer Relations
Phone: 1.866.587.8674
Fax: 1.888.548.7690
Just Energy
80 Courtneypark Dr. West, Units 3 & 4
Mississauga, Ontario L5W 0B3
justenergy.com
-----Original Message-----
From: Marie-Louise email [mailto:Marie-Louise email]
Sent: Monday, July 26, 2010 8:01 AM
To: Customer Service
Subject: RE: Contract 24082627 and contract 24082627-100722 ON WF
Good morning
As I have indicated on several occasions, I did not get the email. I was not home at the time you called so whoever you spoke to, if you spoke to anyone, was definitely not myself. Assuming you are not lying, I can only assume you may have spoken to my boarder, who moved out at the end of that month, (English female) if she agreed to anything, she definitely did not have authority to do so on my behalf.
Had I received the mail, I would definitely have reacted to it long before now. I will not observe a contract I did not agree to.
By the way, I read the terms and conditions and I have NO idea how you came up with the 733$ early exit fee.
10. Ending this Agreement Early, Default. If this Agreement ends early, for any reason, you must still pay all amounts charged to you up to the early end date. Your Right to Cancel: You can end this Agreement, without having to pay Exit Fees, within 30 days from the date of your first bill under this Agreement. For Agreements to supply both natural gas and electricity (each a commodity), the cancellation of one commodity will not result in the cancellation of the other commodity. If only one commodity is cancelled, Exit Fees will be applied only to the cancelled commodity according to Section 11 of this Agreement. In order for your cancellation request to be processed you must use the contact information listed on the Customer Agreement. Our Right to Cancel: We can end this Agreement, at no cost to us, if: (i) required/allowed by law; (ii) the Utility is unable to service your Location; (iii) a legislative or regulatory change materially alters our ability to profitably perform this Agreement; (iv) you move; or (v) you "Default" during the Term.
You will be given 15 calendar days prior notice. This Agreement will be deemed terminated at no cost and without liability to either party if Just Energy does not commence supply of Energy within 12 months of the anticipated Start Date, for whatever reason, and you have not contacted us in writing to implement this Agreement; or, if this Agreement is unable to be implemented for reasons beyond our control. Default: You will be in Default if you: (a) breach a term of this Agreement or your Utility's rules; or (b) switch to another energy supplier, including the Utility.
11. Exit Fees. Customer understands that in order for Just Energy to be able to supply Energy to its customers, Just Energy enters into long term supply arrangements with suppliers of Energy to meet the forecasted consumption of its customers. If this Agreement ends early due to your Default, you must pay us liquidated damages in the amount of 5¢/m3 and 1.5¢/kWh, as applicable, multiplied by your Future Use ("Exit Fee"). The Exit Fee is capped at $75 for each full and partial year left in the Term, per commodity selected, per Location. You agree that the Exit Fee is a genuine pre-estimate of the damages we would suffer and not a penalty or other type of charge. You agree to pay us any fees associated with the collection of the Exit Fees, including any legal or collection agency fees.
It says if you cancel within 30 days of your first billing, you pay no exit fee AND section 11, says early exit fees are capped at 75$/year
The representative I spoke to this weekend said it was capped at 250$
If I need to bring this to the Ontario Energy Board to be heard, I definitely will. I will also bring this to any other authority I deem fit.
-----Original Message-----
From: Customer Service [mailto:customerservice@justenergy.com]
Sent: 2010-07-26 5:21 PM
To: Marie-Louise email
Subject: RE: Contract 24082627 and contract 24082627-100722 ON WF
Dear Marie-Louise,
Thank you for your email. Just Energy would like to reiterate that the call made to you on May 24 2010 met all regulatory requirements. We have records of you confirming that you are the account holder with our representative Josh who also advised you that the email that was sent right after might appear in your junk mail of your email inbox. This is also a possibility.
As indicated in our email below, we advised you that should you wish to cancel at this point, the early termination fees will be recalculated and will be significantly lower than the quote you received in the mail. At this time, we have gone ahead and cancelled the new agreement without any early termination fees as you are within the cancellation parameters.
The cancellation of your new contract now puts you back on your original contract which is scheduled to end on January 11 2011. The early termination fee has been recalculated and will be approximately $140.84. Just Energy's name and rate will come off your bill in approximately 1-2 billing cycles. A letter pertaining to the exit fees that will apply due to early termination will be mailed out separately.
Should you have any further questions regarding Just Energy or our Price Protection Programs, one of our Customer Service Representatives will be pleased to assist you toll free at 1.866.587.8674.
Sincerely,
Customer Relations
Phone: 1.866.587.8674
Fax: 1.888.548.7690
Just Energy
80 Courtneypark Dr. West, Unit 3 & 4
Mississauga, ON L5W 0B3
justenergy.com
From: Customer Service [mailto:customerservice@justenergy.com]
Sent: 2010-08-19 11:31 AM
To: Marie-Louise email
Subject: Just Energy - Notification of Resolution to Ontario Energy Board "OEB" Concern - Ref: 2010-0011177 Account # 60431108710060085000 (JC)
Good afternoon Marie-Louise,
We appreciate the time and effort you’ve taken to advise Universal Energy, now part of Just Energy Ontario L.P. (“Just Energy”) of your concerns. Just Energy continually strives to be the most competitive energy retailer in the market by providing the most competitive rates and quality customer service. Just Energy is part of the Just Energy Group, a leading group of affiliated companies and partnerships that is helping close to one million consumers gain control of their energy costs by protecting their commodity rate with fixed price programs.
We value our consumers’ opinions on our products and regret to learn of your dissatisfaction. Your comments concerning the discrepancy of the charged liquidated damages is greatly appreciated as we constantly evaluate and make changes in the services we provide. Feedback from customers is an important source of information, as we gauge our success as well as identify things we need to work on by them. You may be certain that a copy of your comments were entered in our database.
We are pleased to advise you we have reversed the liquidated damages associated with the termination of your electricity account.
As per the notes associated with your account, Just Energy has contacted your local utility to request cancellation of our future supply arrangements with respect to the above-mentioned account July 26, 2010. Please note that this cancellation will be effective as of the date that your local utility is able to cancel our supply of natural gas to this account, which we anticipate will be September 13, 2010.
As a valued customer, your input is important to us. Should you have any further questions or concerns, please feel free to contact us toll-free at 1.866.587.8674, by fax at 1.888.548.7690, or by e-mail at cs@justenergy.com.
Regards,
Jazzer Cruz
Investigations Management
Phone: 1.866.670.4465 ext 75056
Fax: 1.866.464.6271
Just Energy
80 Courtneypark Dr. West, Units 3 & 4
Mississauga, Ontario L5W 0B3