Fredpay/Utility Warehouse

[HelpUW]

Hi - OK its quite a long story, but I will condense the best I can. This post is a combination of a warning to others and also a shout out for advice....

 

 

I had a house in the UK and four years ago I emigrated, but due to the housing market I decided to rent out my house until the housing market picked up. I had a tenant for two years and when they moved out, I changed agents (as the one I had was useless). The property was then empty for 7 months. As it was over the winter time I had the heating system drained to avoid a burst pipe, so no gas was being consumed. There was no other appliances on in the house (ie fridge freezer was switched off, lights etc).

 

 

When I did get new tenants I was forwarded a bill, via the rental agents, from Utility Warehouse's debt collection agency (not the energy suppliers when I left the property) for about 700 pounds. I was gobsmacked to say the least and took immediate action to find out what was going on. I spent days trying to get to the bottom of the matter, which is summary is as follows:-

 

 

Utility Warehouse (appointed by the tenants, without my knowledge or the rental agent's knowledge, apparently) had been estimating bills since the last tenants moved out and finally obtained a court warrant to seize the meter and install a prepayment meter. They only did this with the electricity meter as they eventually admitted there was no gas used at all. Apparently the electricity used was around 23.00 pounds, which I paid as soon as I found out (although I don't know how this can be have been used and had no way of having the meter checked). Utility Warehouse removed all the gas charges (all estimated) so the remaining bill was for 360.00 pounds, which consisted of legal fees. There were also late payment fees, which they later removed. I was still horrified and after pursuing the matter through their complaints procedure, referred the matter to the energy ombudsman. They eventually came back to me to say UW should send me a written apology and reduce the costs to half. I went back to them saying I couldn't accept their suggested remedy, as I didn't understand how they thought they should apologise to me, but the charges still stood! During my investigations I discovered that a UW representative attended the property several months before they seized the meter and failed to notice that the property was empty and there was a FOR RENT sign outside the property with the agent's details on it.

 

 

UW continued to chase the legal fees (I cannot bring myself to call them a debt, as I don't see why I should be held responsible for their mistake, which is the same reason I couldn't agree with the Ombudsman decision). However, in the end I was just fed up with the whole thing and I offered to pay half (as suggested by the Ombudsman). However UW wouldn't hear of it and said it would be passed to a debt collection agent and although they couldn't accept my offer to pay half the debt collection agent may be able to.

 

 

I received a letter, via the agent again as it was sent to the property in the UK, where I no longer live and I had told them on many occasions not to write to me there as there was no guarantee that I would receive any correspondence sent there. The letter was from Fredpay. I rang them as soon as I received it, explained the situation and that I was prepared to pay half. They said they would go back to UW and ask them if they would accept it. In the meantime I was sent another letter apparently from a solicitors saying they would take court action if I didn't respond within 7 days. I rang Fredpay again, who had told me the case was on hold, and they said the letters had crossed in the mail. No surprises that UW came back and said no, they wouldn't accept half and Fredpay suggested I set up a payment plan. I went back to them again to reiterate that I no longer live in the UK, the house is currently for sale and once it is sold I will have no assets in the UK (UW had previously threatened to apply for a court order against the house!) and I had, more than generously offered to pay half (180) and I could clear that in one go, otherwise I could set up a payment plan of ten pounds a month to start the payments, but would continue to fight the matter. Fredpay came back and said they couldn't accept half, but could accept 270 pounds (90 pounds more than I offered and 90 less than UW were insisting on). I have set up a payment plan for ten pounds a month from the end of this month, but Fredpay have warned that if I default then this will stay on my credit record for 6 years, they haven't said they would chase the matter future, if I do default and I am not sure what they could do, if I do default once the house sells, as they don't even know where I live.

 

 

So that is where I am at currently. I feel really aggrieved about this and I written to the MP for the area where the house is situated, as I find the fact that a tenant can change energy supplier without advising the landlord appalling, and don't understand how this could be avoided. And feel this could easily happen again, if not to me (hopefully) then to someone else. I am also mortified that there was a court warrant issued to seize the meter and that a debt collection agency has been chasing me and all because UW didn't engage brain at any point throughout the whole thing. And that the Ombudsman, who are suppose to protect the consumer, basically sided with UW and even though they found their customer care lacking and suggested they apologise to me, still thought I should pay for their mistakes.

 

 

So my questions are: Is there anything else I can do? Is it advisable to default once the house is sold and what would the consequences be?

 

 

Any ideas, greatly received, and if nothing else I feel happy that I have been able to post this to the web, which might help others in a similar situation.

[citizenB]

Thread moved to Utility forums.

[BRIGADIER2JCS]

Hi welcome to CAG.

 

 

Tenants can change energy suppliers if they wish, usually to get a better deal.

Have you had a breakdown of how exactly these legal fees have been calculated?

There is no proper agreement here it seems, no "service" contract and certainly

no regulated credit agreement.

 

 

If and it seems to be the case this alleged usage occurred whilst the electricity service was in the name of your tenant you are not liable for any of the alleged debt or " legal" fees.

[HelpUW]

Hi Brigadier2JCS thanks for your reply.

 

 

I understand tenants can change supplier and when they left the property they provided Utility Warehouse with their final meter reading. All the estimated bills were sent to the property addressed to "new owner/occupier". Obviously I received none of these, as I don't even live in the UK and have no way of checking the house (which is why I got agents to manage the property). I have previously requested and received varying accounts of how the legal fees have occurred, but from what I can see there are three 100 pound charges for referral to debt collection agents and the rest is for them to apply to the court for a warrant to seize the meter and for a Bailiff to attend the property with the meter seizer. I certainly have not entered into any agreement with UW, but they tell me that as the property owner I am responsible for advising them the property was empty (even though I didn't know who the supplier of energy was). I have already paid the was amount of electricity charges, but it is the legal fees I am having trouble with.

 

 

Any further thoughts?

 

 

Cheers

[fkofilee]

Oh... This is Frederickson international... Owned by... Lowell

 

if the account was in your tenants name than you are not liable for this...

Why An earth you are paying legal fees etc is beyond me

[HelpUW]

My thoughts exactly, but what can I do about it. Ombudsman said (as the owner or the property I am responsible for letting the utility supplier know when the property is empty), but obviously I couldn't as I didn't even know UW were the supplier. I had not engaged them, the tenants did. I have said I would pay half these legal fees at ten pounds a month, but Frederickson International say they can accept the ten pound a month, but insist on me paying the full 360 pounds. If I pay in one hit I can settle in full and final settlement for 270 pounds.

 

 

I really don't want to pay anything, but just want the matter finished, so I was prepared to pay the 180 (I really don't know why, as I really feel I am being asked to pay for UW cock-ups).

 

 

Basically I need to know what my options are and what I can do about it. Can anyone help? Also who are Lowell?

 

 

Thanks in advance.

[fkofilee]

Lowell Group Own Frederickson International... Fredpay...

 

Fredpay are Tame