To change the terms of a contract mid-stream – for example to exercise a price increase – an energy supplier simply needs to inform its customers by post or email, no later than one month after ‘advance. Without even having, again, to obtain their explicit agreement.
In the midst of the energy price crisis, the application of this article L. 224-10 of the consumer code has sometimes posed a problem. In its activity report for the past year, released on Tuesday 30 May, the national energy ombudsman observes a sharp increase in litigation related to pricing practices. From clients, it recorded 1,718 requests for mediation for these questions in 2022, compared to 705 in 2021. That is, now, nearly 20% of all admissible disputes to be handled in France by this independent public authority.
“Small suppliers, seeing prices rise in the wholesale markets where they source their supplies, have mostly passed them on to consumers”declares to World Olivier Challan Belval, who acts as mediator. Its report pinpoints in particular the communication of alternative suppliers, competitors of EDF for electricity or Engie for gas. In particular that of Mega Energie, Mint Energie and Wekiwi.
“Too short” notice
Even though users can terminate their contract at any time, the mediator deplores the vagueness that surrounded several announcements of price increases: “Some suppliers gave the information incorrectly, drowned it in other elements. The information given to the consumer must be clear, understandable and fair. »
Mr. Challan Belval also proposes extending the notice period to two or even three months. To date, the one-month notice imposed on suppliers “appears too short” to give consumers time to find a fallback, according to the report.
From one month to another, contracts have even switched to a new indexation. They suddenly took as a reference the oscillations of the wholesale market, and no longer the regulated tariffs of the public authorities.
“When a supplier modifies the method of indexation of a contract, by nature, we consider that it is a substantial modification”continues the mediator, before stating another proposal. “The law should be amended to make the express consent of the consumer compulsory in this case. This agreement could materialize by a new signature, as for a new contract subscription. »
You have 14.36% of this article left to read. The following is for subscribers only.