Tranmere Rovers have launched a High Court legal battle against its energy brokers, claiming the club has been overcharged by almost £90,000 over three years.
Case papers issued at the court in London say the club took out a four-year contract with Manchester-based One Energy in 2018 for electricity supplied to its ground at Prenton Park, the training ground in Leasowe Road, its Prenton Park premises in Borough Road, and the Riverhill Hotel in Talbot Road. The court documents accuse One Energy of breaching the contract by failing to send statements showing the club’s actual electricity use, and the commissions it received.
One Energy provided invoices and statements sporadically, and these did not contain details of the commission it earned, the claim says.
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All charges were based on estimated rather than actual use, although the club regularly provided accurate meter readings, it is alleged. The papers say that the broker also regularly changed the variable price unit of electricity without giving written notice, and failed to provide details of the current variable unit price.
The club tried to end the contract because of the breaches in June 2019 and January 2020, but was assured that the breaches would be remedied, and the contract continued, the court will hear. However, in July 2021 the club’s solicitor wrote giving notice that if the breaches were not put right within 30 days, the contract would automatically terminate, and this happened on August 27, 2021, the claim says.
In autumn 2021, the club looked at the energy charges and calculated that it had been overcharged by £89,910 for the electricity used, and charged £41,222 for termination fees, although it had the right to end the contract, say the court papers. The club is seeking full disclosure of all commission earned by One Energy and any other third parties as a result of the contract, and says that if commission has been earned without its knowledge, it will also claim damages for breach of fiduciary duty.
It claims that One Energy has been unjustly enriched by a total of £131,132 and is seeking payment of this, plus interest.
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