EDF energy electricity debt-they will not agree to a repayment plan

[doesthatmakemecrazy]

Hello, i really need some advice please.

I have a large debt with EDF energy. My son has been ill for a few years now and we spent a long time, and a lot of money, trying to get to the bottom of his health problems. We are still paying a substantial amount each week to try to keep his health stabilised.

EDF are insisting that my offer of £250 per month is not enough and that they must fit a prepayment meter. Our tenancy agreement prohibits the fitting of a meter, and with the landlord only doors away, we are unable to do this. Plus our house runs on oil and, as we have not been able to afford to buy oil this year, we are currently heating the house with, cheap to run, electric heaters. I worry that we will find ourselves in a situation that we will not have the funds to feed a meter each week due to our other expenses.

My son receives DLA and I receive Carers allowance.

Is there a way out of this? EDF have just emailed me to say "but if this matter is escalated longer the debt follow up will lead to the meters being put into the property by warrant which will then cost additional charges to yourself."

 

My friend's brother is a solicitor and I am due to speak to him plus the CAB once more. I would be grateful for any advice as I really don't think I can take this additional pressure for much longer. Thank you.

[doesthatmakemecrazy]

Also, sorry, EDF are telling me that they have "discussed the tenancy agreement with the debt department and the landlord cannot terminate my tenancy over this."

[cerberusalert]

Have you been in touch with the Utilities Trust Fund to make an application for help? http://www.consumeractiongroup.co.uk/forum/showthread.php?100405-****Utilities-Trust-Fund****(2-Viewing)-nbsp

[cerberusalert]

Thread moved into the Utilities forum.

[doesthatmakemecrazy]

Thank you. I couldn't find this section yesterday!

[StixUK]

You should apply to the Energy Trust Fund due to your financial circumstances.

 

I do believe that if you have made previous arrangements and failed, it can be in the best interest of the energy company to get you onto a PPM. Ultimately, they have to take into account the "vulnerability" within the household (son on DLA and low income).

 

I have been to warrant on cases like this before, and they have been passed and PPMs have been force fit. But saying that I have had only 1 person turn up in court out of hundreds of court applications.

 

If you are on certain benefits, you could apply for Fuel Direct, where if you are on a qualifying benefit you can have it taken from your government benefits + £3.55 per week removed towards the arrears.

 

It maybe the best option as is a fixed cost.

[AnnoyedByDCAs]

Also, sorry, EDF are telling me that they have "discussed the tenancy agreement with the debt department and the landlord cannot terminate my tenancy over this."

 

EDF are talking nonsense, the landlord can terminate your tenancy with a section 21 notice at any time without having to give a reason. Giving you this "advice" is irresponsible and sounds a lot like attempting to exert undue pressure to fit a PPM. If they continue with this approach consider asking them for their license to practice law.

 

From the information you've given here you should be eligible for the Warm Home Discount – Support Plus rebate scheme. I imagine they would probably apply the discount to any outstanding balance. You should also apply to the EDF Energy Trust

 

Your offer of £250 a month sounds like more than enough. How much electricity are you currently using and are you on the correct tariff?

 

The supply license conditions require suppliers to avoid disconnecting households which include anyone who is disabled, has a chronic illness or is of pensionable age in the winter. It can be argued that forcing anyone in this group to fit a prepayment meter is a violation of that condition. I used this approach successfully although the company involved weren't prepared to have it tested in court, they became somewhat more amenable to negotiation and didn't apply for a warrant instead.

 

If your case was to go to court EDF would be awarded the minimum statutory deduction against arrears, this would be the same amount deducted if you can manage to arrange third party deductions from your benefits to pay your electric bills. Pay close attention to the amount you end up paying, energy companies have this interesting habit of inflating your actual usage to compensate for the low payment towards arrears. The amount you pay should be calculated by working out your annual usage then dividing by 52 to get a weekly average.

 

Somewhere that I can't seem to find atm are regulations which stipulate that a payment plan for arrears should be spread over a similar period to when the arrears were accrued. i.e. if the debt took 3 years to build up then you should be allowed to pay it off over 3 years. If that rings a bell with anyone please shout.

 

Regardless of whether or not EDF decide your payment offer is acceptable, give it to them anyway and keep a record of the payments you make. You should be able to do transfers to their account if you have online banking, pay cash over the counter at a bank or post office or EDF should be able to supply you with a paypoint card. If they try to take you to court then this will serve to convince a judge that you are making reasonable efforts to repay your debt and prevent a warrant being issued to install a prepayment meter. Ideally you should read the meter yourself, supply EDF with readings and calculate your own bills from the tariff you're on.

 

Above all stop talking to them on the phone and insist that any communication you have is in writing.

 

Just as a matter of interest, are EDF supplying you with actual bills detailing your current usage?

[Surfer01]

Installing the pre-payment meter may result in breaking the T & Cs of the tenancy agreement so EDF are incorrect. I am not sure but I think they need the permission of the LL to make any changes.