debt collector has asked for £400 unpaid electric charges on previous tenancy

[robpol55]

I had an assured shorthold tenancy in joint names of me and my ex partner until June 2006.

Edf energy have now instructed a debt collector to ask me for over £400 unpaid electric bill for the period of the tenancy.They have not specified how the bill is made up and have not mentioned my ex partner in this request even though she was joint tenant.

The electricity contract including addressee for bills and all other contact was in the landlords name and me and my partner simply had to pay a monthly direct debit to edf energy at the instruction of the landlord which we did. There was never any contact between us and edf energy except for the direct debit which came from my bank account.

When the tenancy ended the landlord gave my partner back the deposit which the tenancy agreement said could be retained for unpaid bills. He made no claim against us for any unpaid amount.

Any help on whether i am liable for this would be appreciated.

[emmaf01]

I think you best bet would be a Subject Access Request to EDF and the debt collectors. Don't forget to start each letter with "This account is now in dispute" in very big letters.

Have you been in touch with the landlord- he may have statements, evidence of an outstanding debt?

[Ruthie P]

Hi robpol, I agree with emma about the S.A.R - (Subject Access Request), but I think its strange that the account wasn't in your name yet the direct debit was?! I wouldn't accept a direct debit in anyone else's name other than the person named on the bill, at that rate my neighbour could set up a direct debit in my name and hey presto free bills for her! Didn't you ever receive any bills/statements etc? how did you know you weren't over paying? Just a little puzzled about the circumstances.... if the bills were in your l/lords name why weren't the bills included in your rent payment? Mistakes can happen with refunds, if you had overpaid, were refunded on an estimated reading then they get an actual reading which is higher this will create a debit on your account, if you dont know what your account balance was, how do you know your refund hasn't gone elsewhere and the above hasn't happened? I would imagine if there was any refund due it would have gone to the l/lord seeing as his name is on the bill.....

[gondukin]

You should have given a meter reading and your details when you moved in and when you moved out. If you have paid onto someone else's account there could be an outstanding bill from before you moved in, they may not have had readings so have no accurate idea of what you have used, or the landlord could claim your payments back for himself.

[demon_x_slash]

As advised in the Landlords/Tenants section, you have no contract with the power company. If the contract was in the landlord's name, then the landlord is liable for the debt. Whether or not the landlord chooses to recover the monies he is liable for, from you, in the Small Claims Court, is his choice.

[robpol55]

Many thanks for your replies , i will contact edf energy and advise them of the situation and tell them to contact the landlord whose name the account was in.

[demon_x_slash]

You don't even need to 'advise' them. You only need to make them aware that the contract is in Mr. [So-n-so's] name and therefore they need to take up any arrears with him.

[emmaf01]

If it is in the landlord's name, where do you think the collector got your details from?

[demon_x_slash]

That would be interesting to find out.

[borisbeaver]

Originally Posted by emmaf01

If it is in the landlord's name, where do you think the collector got your details from?

From the direct debit mandate. It will have the name of the account holder on it.

[emmaf01]

Yes but they can only pursue a debt in the account holder's (the energy account) name.

Is that not right?

[robpol55]

All of your replies have been extremely helpful, many thanks. I will raise the issue of what right they had to divulge my name and address to a debt collection company and ask the question of where it was from. I am sure there are issues around data protection here.