We have to seem happy
Dear
survivors
Important Update
I
have had many people who have successfully cancelled in Ontario alone
by following the cancellation letter instruction below. Remember GET IT IN WRITING they will NOT tell you how to do this over the phone. You will only hear it from me and the consumer watchdogs
You
have now accessed the self-help section of the Univer$al Energy
Survivor's site. I have revamped this section to better guide your
particular situation dealing with Univer$al Energy Corporation and the
situation you may encounter. Follow
through and please drop me a line for any changes or suggestions. I have done much research on getting this information
out to yourselves. I have broken this down into scenarios which goes as
folows.
Scenario A: We never heard of Universal Energy Corporation
If
no one from Universal Energy ever came to your house apartment or condo don't think your safe. They just did not
get around to scaming your region yet and believe me, THEY WILL! Here is what to do when they show up:
They will usually show up on their convenience, not yours. This is usually when you are
eating or watching the Jays 9th-inning hit. They will sport sloppy-leisure
attire and similar manner and will present themselves as 'wanting to price-protect you',
'helping you save money', in some cases as 'working for the government' or
your local utility provider.
Things you should do when they show up:
- Start by asking for ID, documentation of any kind
'I would like your name and/or affiliation number please'. Goons often times use pseudonyms so get a Marketing License or any
other form of ID just in case they try to 'write you down' falsely. If they
refuse to give you anything, say 'I am NOT interested' and if they will
not go away then call the police, they are on your property unwelcommed and are legally harassing you.
- Or, say 'I would like more documentation and time to go over your offer before I sign anything'
This
is your right and usually by now they will get snotty and tense, give
them the run-around [remember they have NO problems doing it to you
later when you want to cancel plus they will scam less people while you talk to them] they will then say
'you are missing out on big savings' blah, blah, blah. The idea for them is
to get
you to sign the dotted line, that's all.
Remember,
these Universal clowns don't care about you, your family your interests
or even the Univer$al Energy that sends them out in the snow with no
money or support. All they want is take-home pay until they find
something better.
You signed and are waiting for a PHONE confirmation
Well if you want this service, that's your right - If you are skeptical
at this stage for what you have done it's OK too. They have to call you
to confirm, but be carefull! the call is VERY illusive it goes
something like:
- Typical: "This is Mary; we have already set up your acount for and you are ready to go OK?"
Ask for the name of the company NEVER say 'Yes'
unless you want it to be YES. If they do not present themselves they
are most likely Universal in stealth - Just say 'I AM NOT INTERESTED',
they will not bother anymore. Worst case scenario you may have to get a
phone record of that call.
I got dupped into confirming or they never called me
Now
you are in a situation [in Ontario] where you have rights that have to
be followed by Universal Energy no matter what they tell you. Since the
product is over a $50.00 value you have the right to cancel within a
time frame of 10 days after the initial signing with a full refund. This is what the law says,
"Door-to-Door Sales
Contracts signed in your home by a
person who normally sells goods or services door-to-door where the
value is more than $50. This covers businesses such as home improvement
and paving contractors, energy brokers, etc"
Note
I have broken this portion down into sections based on where the
consumer lives as enforcment in jurristiction will differ
from provice to province to state. I got the following two [2]
provinces here as this is where they Universal steals most of it's
money. As for out of Canada? Best is to just look up or call the
consumer protection agency based
on where you live in the United States.
Note: I am NOT a lawyer, I am just going over some consumer
protection facts open for public.
This is free advice, if you need more information over you particular situation [within your jurisdiction]
it is best you contact a legal specialist.
Ontario
Ontario Ministry of Consumer
& Business Services
Dishonest businesses and practices
Although most sellers and retailers make honest claims about the
products and services they are selling, sometimes a dishonest seller
may make overly exaggerated promises about the performance of a
product. To protect consumers from such misleading sales claims and
unfair business practices, the Ontario government has created the
Business Practices Act which both identifies what unfair business
practices are and establishes rights for consumers who have been
victimized.
Consumer Protection Act, 2002 states that: The consumer has several rights that cannot be
overlooked and has been enforced in the past. If you go to their
website under Door-to-Door Sales you will get information about your rights as a door-to-door customer. Below are some highlights
- If you sign a contract in your home worth more than $50, you can cancel within 10 days by giving notice of cancellation.
It's best to provide this notice by e-mail, fax or registered letter. A
notice to cancel may be hand-delivered (it's wise to obtain a signature
on a delivery receipt and keep it). However you deliver the
cancellation, be sure to keep a copy. The company has 15 days to return
your money and is responsible for picking up the product or paying for
the cost of sending it back if the company wants its product returned.
-
If your agreement contains an estimate, under law, the final price cannot be more than 10 per cent above it, unless you agree.
British Columbia
Business practices and Consumer Protection Authority
British Columbia is similar to Ontario and states that: Whenever you sign a direct sales contract or a continuing services
contract, the law gives you up to ten days to cancel the contract after
receiving a copy of it. In fact, the contract itself has to state that
you have this right to cancel at any time within the ten days.
- For direct sales and continuing services contracts, if you cancel the
contract within 10 days, you're entitled to a full refund of your money
within 15 days after cancelling even if you've already received the
vacuum cleaner or started going to the fitness club. In the meantime,
you can hang on to the vacuum cleaner until you get your money back.
Also, for direct sales, if you don't receive the goods or services
within 30 days and you cancel within a year without ever taking them,
you're entitled to a full refund within 15 days after cancelling.
If they don't want to return your money [within the alloted timeframe]?
Then you can sue for a contract debt, normally in Small Claims Court.
If you win, the seller must pay you three times the amount of your
refund.
Contact and more information
To help protect against unscrupulous sellers, check the seller's
record with the Better Business Bureau, available online. For mainland
BC, the website is www.bbbvan.org. For Vancouver Island, the website is www.bbbvi.ca.
Or phone the Better Business Bureau at 604.682.2711 for mainland BC or
250.386.6348 for Vancouver Island. Also look on the websites under
Buyers Tips or Consumers Tips for more information.You may also contact
one of the various government or non-profit
consumer agencies listed on the Business Practices & Consumer
Protection Authority's website at www.bpcpa.ca or phone the Authority at 1.888.564.9963.To learn more about BC's consumer protection laws, read the Business Practices & Consumer Protection Act, available online at www.bpcpa.ca or at your local law library.
Here is also a document called the Gas Marketer's Code of Conduct for BC [in .PDF, requires Acrobat]
Cancelling the contract
If you have been convinced to buy a
product or service based on a false, misleading, or deceptive sales
pitch or advertisement, the Business Practices Act gives you the right
to cancel the contract. Under the law, cancelling a contract is called
"rescission". To rescind a contract, you should begin by writing a
letter to the sales person or company within six months of entering
into the agreement. In your letter you should describe your problem and
indicate that you wish to rescind the agreement because of an unfair
practice under the Business Practices Act. If the company or sales
person refuses to handle your complaint, your next step is to bring a
civil lawsuit. You can also contact the Ontario Ministry of Consumer
& Business Services for assistance and more information on your
rights.
How to cancel such an agreement
A
cancellation letter involves canceling a contract because certain
information required by law was not provided, or a copy of the
agreement was not provided to the consumer. If you feel a product
doesn't live up to sales claims, advertisements or other
representations, or you recognize a deficient contract, you can demand
your money back within one year. Keep the letter brief and to the
point. Type it, if possible, or make sure your handwriting is neat and
easy-to-read. Be sure to keep a copy of the letter for yourself before
sending it to the company in a form you can track hand-deliver it with
a witness, registered mail, e-mail or fax with confirmed delivery.An example of such a letter
Here is a trick that could work. Hell, they tricked you, trick e'm back!
I am not
affiliated with any energy company or utility provider. I was new to
Ontario and had a 7 day old baby when a representative of Universal
Energy came knocking at my door, touting the benefits or rate
protection and deregulation of energy, etc. She represented herself
as working with the provincial government, saying that they were out to
help the average consumer save money and protect their energy costs in
the face of a deregulated market. They promise a fixed rate for gas and
hydro for 5 years, which is SUPPOSED to save you money, as energy costs
are going to go up. All this is done while remaining with your utility
company, but your energy 'supplier' is Universal. Your energy provider is your local utility. The truth is, however, that in the
past 8 months, we have paid in excess of $200 MORE for our hydro and
$50 more for gas than we would have had we stayed with our utility
company and their fluctuating rates.
What's more, I did not recall agreeing to sign on for 5 years. I told the representative that we were only in Ontario for 2 years. She said that
was fine and that we could arrange a different contract. When I finally
had the time to read the fine print (well after the 10-day no
obligation cancel with no penalty period) I realized that I was locked
in for 5 years and that the only way out was to pay a penalty, based on
a percentage of the amount of money that Universal Energy would lose
from us backing out of the contract. This was in excess of $1000 or so.
Hence, I sought a way to get out of this contract on a technicality. THERE IS A WAY! And here it is:
1. Contact your local utility company (the people who send you your
bill every month, NOT Universal Energy). Have them change the name on
your account, preferably to a person's name who does NOT share your
last name. A friend or family member is probably your best bet. Your
reason for the change could be as simple as you're renting your home
and the new name is your tenant. Changing the name on the account
usually costs $30 or so.
2. Next step, do NOT tell Universal Energy about this name change.
Now, Universal has your contract locking YOUR NAME into a rate, but
your name no longer appears on the utility bill. You've just
disappeared off the face of the utility world. If you don't exist in
the utility world, Universal has no hold over you.
3. Get call ID. Universal may call your house and try to track you
down. and screen calls that are of the unknown name/unknown number
nature. Just let the answering machine pick up if you're not sure. In
this case, you will probably want to take your names off the machine,
and leave a more generic message You've reached 555-9797 instead of You've reached John and Jane Doe. Universal will try and find you for
about 3 months, and after 6 months, they will give up and assume that
you've moved to an area not serviced by Universal. (In their handy
contracts, it states that if you move to an area serviced by them, the
contract is still binding).
4. After a sufficient time has passed, you can go back to using your
name on your utility bill, although I would not change this until at
least a year has passed, if not more.
I got this info from a handy and helpful person on the support line
through our local utility. It is strictly off the records on their
part, but they said that this works for people who want to get out of
the contract without paying the ridiculous penalty. A friend of mine
did this a while ago and they have been home-free for 6 months. Their
energy bills have dropped back to the regular rates as determined by
the local utility company.
Other documentation
Business practices and Consumer Protection Authority complaint form [in .PDF, requires Acrobat]
I hope this helps anyone else who was scammed.
| If you have any other questions, please send me an email at universalscam@yahoo.com|
