The Mediation team’s observation:
The claimant had previously subscribed to a “tarif jaune” contract with voltage greater than 36 kVA. He decides to switch to contract with voltage less than 36 kVA.
The old meter was removed and a "tarif bleu" contract is drawn up for the new meter at the delivery point (meter address).
However, the old " tarif jaune" contract had not been terminated by the retailer, who is still billing the customer for the old contract and the old, non-existent meter.
The redundant contract is only cancelled when the customer disputes the bill.
The Mediation team’s proposed solution:
The retailer should have terminated the old "tarif jaune" contract as soon as the new "tarif bleu " contract was subscribed to, instead of billing the customer for several months for the old contract linked to the meter which was removed.
The Mediation service considered that the retailer had failed in its duty to advise by not informing the claimant of the administrative need to formulate a written request to terminate the old contract when they subscribed to a new one.
The Mediation service therefore suggested that the new contract be applied as soon as it came into service, and that the difference in price between the amount invoiced (with the old tariff) and the amount based on the newly agreed tariff be reimbursed.
Generic observation:
It sometimes happens that the retailer continues to bill customers based on an old contract and meter, even though the customer has subscribed to a new contract requiring a new meter at the same delivery point.
Generic solution:
The Mediation recommends that the retailer, in line with its duty to advise, informs the customer in advance about the need to submit a written request to terminate their old contract so that the new contract can be applied upon its activation, thereby avoiding continued billing based on an old contract and a removed meter. In case of oversight, it is the retailer's responsibility to proceed with the contract termination.