Sample Energy Rebiller Rescission Letter ... - Your Legal Rights

Sample Letter of Rescission (For use by Consumers and Lay Advocates): Energy Rebiller
NOTE: USE THIS SAMPLE LETTER CAUTIOUSLY. CAREFULLY REVIEW THE
CIRCUMSTANCES OF THE REBILLING ENCOUNTER AND ANY PAPERWORK
PROVIDED AND TAILOR THE CONTENTS OF THE RESCISSION LETTER
ACCORDINGLY.
November 17, 2009
ScamU Energy
100 Hydro Drive
Anytown, ON L5T 2H0
Dear Sir / Madam:
Re: Betty Bopp Account
I am writing to provide notice to ScamU Energy of Ms. Betty Bopp’s intent to rescind her
contract with ScamU Energy pursuant to sections 88.9(10)(a) and 88.10(2) of the Ontario
Energy Board Act [OEBA].
As you are probably aware, the OEBA requires that a written copy of the contract be delivered to
Ms. Bopp within 40 days after signing. The OEBA further provides that the contract ceases if a
copy is not delivered as required. Finally, the OEBA gives Ms. Bopp the right to rescind the
contract at any time within one year after the date she entered into it if the contract does not meet
the OEBA requirements. ScamU has failed to meet the requirements of the OEBA and
accordingly Ms. Bopp is rescinding the contract.
Failure to Deliver Contract
Shaun Shameless, a door-to-door salesperson from ScamU Energy, came to Ms. Bopp’s
apartment on January 8, 2009. Mr. Shameless influenced Ms. Bopp into signing the
“Registration Form” on that day. The OEBA required ScamU Energy to send Ms. Bopp a copy
of the contract prior to February 18, 2009. While a follow-up call was made to reaffirm the
contract, no written version of the contract was ever forwarded to Ms. Bopp.
Inadequate contract
Ms. Bopp was provided with a pamphlet entitled “Natural Gas & Electricity Price Protection
Program”. ScamU states that this document allegedly constitutes the contract. The OEBA
requires that a contract for the provision of gas or electricity must contain certain elements and
be presented in the manner prescribed by regulations. The document provided to Ms. Bopp does

not satisfy these requirements. In particular, the document does not meet the font or font size
requirements mandated by the OEBA.
Under the OEBA a consumer may cancel a contract within one year after the date of entering into
the contract if the contract does not meet the requirements of the OEBA. Since it appears that
the document does not meet the indicated requirements, Ms. Bopp is entitled to cancel the
contract.
Conclusion
I hereby notify you of Ms. Bopp’s desire to rescind this agreement effective immediately.
Moreover, since the contract was never properly formed, your company’s billing on Ms. Bopp’s
energy account may be in error and without right. Please confirm that you will refund to Ms.
Bopp any amounts paid by her in excess of her monthly consumption and waive any termination
fees that would otherwise have been paid.
Sincerely,
Jeanie Justice, Community Advocate
cc. Betty Bopp