My confirmation email link to this:

It's stated that I wouldn't incur a termination fee if I switch to another OVO fixed tariff. However, it's clear that OVO wouldn't provide a link to switch to another fixed tariff unless my contract is nearing its end. In other words, the condition "if you change to another OVO fixed tariff" can never be fulfilled in the middle of the contract. It seems like a sort of gimmick because it's unlikely to ever be triggered.

You can change tariff mid-term by talking to the Support Team. It’s possible to do - they just need to be sure, to prevent accidents.

OK, thanks. I’m intrigued, because mine - back in December - didn’t look like that. I thought this was a recent change, but your evidence suggests otherwise. When is that email dated?

It's 15th April 2024.

That would explain why you saw the new T&Cs, then. Judging by that, you should be good to go, but as Blastoise says, you’ll have to call Support to switch if the option isn’t there online. It will be interesting to hear how you fare. 

Six months on, and we have a price cap decrease.

I elected to fix back in May, grabbing the 1-year fixed loyalty plan then on offer, largely because it had a lower standing charge than others, but also taking into account Cornwall’s prediction of increases in unit rates to come in October and beyond.

I can now compare how I’m faring today with other possibilities. Taking Ofgem’s all-electric low-user national average consumption figure of 1800 kWh/year, I see that I’m not doing too badly: £5 up on the year!
  

There’s clearly not much in it. For the average household, the results for the May plans are within £1 of each other. The only factor working to my advantage is that low usage emphasises the part played by the standing charge.

In case anyone is still watching this thread:

• Ofgem’s watch window for the 2024Q3 price cap has now closed. The outcome won’t be published until later, but meanwhile Cornwall have done their sums and come up with their prediction: Cornwall Insight release final forecast for October price cap. It’s pretty close to what they’ve been saying for months.
• OVO has recently (19 August) published new fixed-rate tariffs that look to beat the price cap until at least next Spring. It’s worth checking before they go away again: Our prices | OVO Energy 

Thanks for that Firedog! I've just signed up for the new one year loyalty fixed plan - with no  exit fees from my prior plan which would have ended at the beginning of December. I like peace of mind so whatever happens to the price cap won't affect me until next July and the new tariff rates work out lower for me right now,  especially for electricity which is lower by more than 5p per unit! 

tariff 

Am I correct in thinking that you need to call or WhatsApp support for the switch, as the offer won't be visible in the app?

If you are already fixed then you will not be shown an option to change tariff on the app or the browser account portal until 53 days before your current fixed plan end - so the only way to ‘tariff hop’ to a new fix is to contact customer support.

Be aware that if, as an existing customer, you use the ‘Get a Quote’ page to sign up to a new tariff then you may find that you have actually done an account switch to a new account number.
You probably don’t want to do that, see here:

Thanks for the reminder. I successfully switched to the August fixed tariff without incurring a termination fee by contacting customer support. However, the process wasn't straightforward. Initially, the representative told me that a termination fee would apply. I pointed out that when I joined in April, I received an email with terms and conditions stating that I could switch to another OVO fixed tariff without being charged a termination fee.

After a few minutes of checking, the representative confirmed that I could indeed switch without a termination fee, with the new plan taking effect tomorrow. I then received a new email titled "Your new fixed-rate plan will start soon." However, when I reviewed the terms and conditions in that email, I noticed that the clause about switching without a termination fee was no longer there. Instead, it now states, "If you joined OVO 1 Year Fixed on or after 19 August 2024." The terms and conditions seem to be dynamically updated, as even the link in the April email now points to the current version.

I hopped tariff yesterday from an old Fixed Loyalty to a new one and can confirm that the exit fee doesn’t apply in those circumstances.

However that is not automatic. the exit fees are still shown to the support agent onscreen and the support agent has to manually waive the exit fees.
My support person knew to do that but it sounds like yours didn't know about it until they checked.

The T&Cs for the 1- Year Fixed loyalty plans do change from time to time.
However in this case it’s just a change of wording, and a reduction in exit fees for some who switch to other suppliers.
It still makes it clear that the exit fee applies “If you change your supplier” (ie. they don’t apply if you switch to another OVO plan).
The reason for there being 2 dates showing there for the moment with identical terms (6.1 & 6.2) is because previously the exit fee was £75. That has now changed and it’s now £50 whenever you started your plan.
The one for before 19th Aug will have been left in place for now because people may still have that £75 showing elsewhere on other paperwork, emails, etc. (I did myself). But that £75 is now overriden by the latest T&Cs £50 exit fee, whatever it may say elsewhere.
https://www.ovoenergy.com/1-year-fixed-loyalty-terms/v2

The T&Cs for the 1- Year Fixed loyalty plans do change from time to time.
However in this case it’s just a change of wording, and a reduction in exit fees for some who switch to other suppliers.
It still makes it clear that the exit fee applies “If you change your supplier” (ie. they don’t apply if you switch to another OVO plan).

 

If you compare the current Terms & Conditions with the version I captured three months ago above (which I verified was still available just a few days ago), you'll see that it’s not just a change in wording. The highlighted sentence, “If you change to another OVO fixed tariff, you will not be charged a termination fee,” has been completely removed. In my opinion, the previous version made it much clearer that switching to another OVO fixed tariff would be free of charge. Additionally, since the linked T&C keeps changing while still being labeled as version 2, why not update it to versions 3, 4, etc., so that old emails can accurately refer to the original version?

I agree that this fiddling with the terms is confusing, and very probably illegal. My latest confirmation included a paragraph reading “For the 1 Year Fixed Loyalty tariff, the following terms and conditions also apply.”  There were no following terms and conditions, only a note about the cooling-off period with a remark that leaving after cooling off would trigger an exit fee of £75 if I changed supplier.

I didn’t have the foresight like @samsonluk did to take a hard copy of the T&C, but seeing that the v2 edition has now changed means that OVO have unilaterally altered the contract between us with no notice. They may have decided that the newer terms being apparently more favourable to the customer absolves them of any blame for doing this. It’s not even certain that the revised terms are more favourable, though, since they also include §10.4 of the core terms which are delightfully ambiguous on the subject. It’s also questionable what the amount of any exit fee would be: the confirmation email says £75, the linked T&C page now says £50, while my Plan says £75.

I wonder what the Ombudsman would say were a dispute about exit fees in these circumstances to land on his desk. 

Perhaps one of the mods could extract a comment from OVO’s commercial and/or legal people.

Hey @Firedog, 

I've been looking at this, and from my understanding, under the T&Cs of the 1 year fixed loyalty plan, it states - 8.1 Changes to these terms and conditions – we may change these terms and conditions at any time in line with our Core Terms.

The core terms state, 10.4 - On some energy plans, you may have to pay an exit fee if you cancel your energy plan before the fixed term expires. We'll always let you know if an exit fee applies, and these will be detailed in the terms for the relevant energy plan or in your plan confirmation letter.

So, from my understanding, they're both linked, as the plan terms state that we may make changes to the plan terms only if they're in line with our core terms, which they are. 

If you still want me to get a legal response, I can flag this and see what I can do for you. 

I hope this helps

Thanks, Chris.

Of course there’s legal wriggle-room. That’s why I’m not a lawyer!  

However, I’m sure you’ll agree that this is either wrong or ambiguous:
  

“You won’t have to pay an exit fee if:

(unless you’ve already entered into a contract with us for a new fixed‑term energy plan);”

To me that ‘unless’ clause means ‘you will have to pay an exit fee if you’ve already entered into a contract with us for a new fixed‑term energy plan.’

How do you read it?

Hey @Firedog, 

I‘d be a terrible lawyer so I know where you stand! 

I’ve stared at this all afternoon since our call, and I keep going down different pathways. With my training, I know most of the circumstances in which I would apply an exit fee, but looking at it from a customer perspective, as you said, it’s not clear. I’m going to take this away and get other perspectives on it. I’ll drop an update as soon as I have it 

Language, phrases, and even individual words, can mean different things in legislation (law) than they do in general everyday usage.

That often causes confusion in things like the clauses in T&Cs. To a lawyer a particular word in a particular place means one thing, but if you are not a lawyer you may not see/know that and think that it means something else.

At the risk of getting long-

I'm trying to think of a good example. The best I can do at the monent is one that keeps cropping up now and again on benefits advice fora - bank charges.

Benefits legislation prohibits banks from making  ‘charges’ on accouts  that are solely serviced by benefits payments. ie. The only money going into the account is from benefits.

You often get someone who thinks that means banks shouldn't ‘charge’ any interest at all on an overdraft if your only income is benefits.

However, in banking law it's an Overdraft  Fee not an Overdraft Charge (never mind what word is used on your statement, legally it's a Fee).

‘Charge’ has a specific meaning in banking legislation - it's the taking of money from one account to pay a debit on a different account.

Ps.That's not as long as I thought it might get - probably because I'm not a lawyer qualifying every word/phrase used.

You just point out the key issue here. Let me illustrate the concerns in greater detail with the following example:

As a customer who signed up for the 1 Year Fixed Loyalty tariff in April, I received a confirmation email that included a statement indicating that the relevant terms and conditions apply to the tariff. However, the link provided in the email directed me to a webpage instead of an attached PDF document. At the time of signing, when I clicked on the link in April, the terms and conditions clearly stated that no exit fee would apply under condition A.

Recently, I clicked on the same link provided in the email to review the terms and conditions again, and I was surprised to find that the content had changed. The link now directs to a webpage with updated terms and conditions that include an exit fee under the same condition A, which were not present when I signed the contract.

The problem here is that the terms and conditions linked in the confirmation email are a "moving target." They can be updated or altered at any time by OVO without notice, making it impossible for customers to retain access to the exact terms and conditions that were in place when they agreed to the contract. This raises several concerns:

1. Lack of Evidence: Since the original terms and conditions were not provided as a PDF attachment or any other fixed document, customers have no way to verify or present evidence of the terms they agreed to at the time of signing. This puts customers at a significant disadvantage in the event of a dispute.

2. Potential for Disputes: If there is an argument between OVO and the customer regarding the applicability of an exit fee or any other terms, the customer has no way to prove that they agreed to a different set of terms. This could lead to a breakdown in trust and potentially legal disputes, as the customer may argue that the terms they agreed to at the time of signing should be honored.

3. Transparency and Trust: While it is understood that OVO may update its terms and conditions over time, applying these changes retroactively to existing contracts without providing a permanent and accessible record of the original terms undermines transparency and trust. Customers expect that the terms they agreed to at the time of signing will be honored throughout the duration of their contract.

To avoid such issues and to maintain trust with your customers, I respectfully suggest that OVO consider the following steps:

• Provide Fixed Documentation: Ensure that customers receive a PDF or similar fixed document of the terms and conditions at the time of signing, which they can keep for their records. This would serve as the definitive version of the contract terms.

• Maintain Archived Versions: If terms and conditions are to be hosted online, provide an archive or version history so that customers can always access the version of the terms that applied at the time they signed their contract.

• Clear Communication: Clearly communicate to customers that changes to terms and conditions will not affect existing contracts unless expressly agreed upon by both parties.

I believe taking these steps will not only prevent potential disputes but also reinforce customer trust in OVO Energy's commitment to fairness and transparency.

I think the problem with the misleading/ambiguous section I highlighted is simply one of formatting. The way it is currently, the unindented let-out clause (unless ...) applies to the closest unindented clause before it. It’s probably supposed to refer only to the phrase or possibly all three bulleted phrases immediately preceding it. We can’t tell. 
  

I once learned that indentations have meaning in legal texts, which is why, for example, the first line of every separate paragraph is indented. If it weren’t, a new paragraph beginning at the top of a page could be understood to be a continuation of the one at the bottom of the preceding one. This could lead to misinterpretation of ‘the preceding paragraph’ with potentially unintended consequences. 

At the moment I am on a variable tariff and am trying to work out what my new prices will be if a stay on the variable. I know it's going up 10% but do I need to also include the 5% VAT to get the overall total.

You probably should, just to be safe.

That said, the FIX deals OVO has on offer are pretty sweet right now - I’d strongly recommend you consider them.

@Blastoise186 thank you for your reply also do you now if standing charges are also going up?

They will do, yes.

You can see how prices across the country will change on 1 October in these tables: Get energy price cap standing charges and unit rates by region | Ofgem

The ones shown for your region, meter type and payment method may not match the ones OVO eventually charges exactly, but they won’t be far off. The figures in the tables include VAT.