EDF energy debt-Previous address

[confusedbunny]

Dear Cagger's,

 

I need advice on a letter i received from EDF energy (to my new address),

stating that i owe them £3500 for electricity at my previous address

and if i do not contact them then they are instructing debt collector's.

 

I was living in my previous property (private landlord) for 2yrs and 6 months,

during this time, i assumed my electricity was included in my rent.

I never once received a bill from EDF during the whole 2.5 years and my electricity was never cut off!

 

Since receiving this letter, i have checked my old TA and it doesnt say my rent included electricity, just water rates.

 

I am shocked to recieve this huge debt and i guess i am responsible for it,

however, i never once took a meter reading, so i am not sure how they have calculated my useage.

 

What can i do to dispute this debt please?

Why didnt they cut my supply off after non-payment of the first bill?

I didnt even recieve any red bills either.

 

Isnt it very irresponsible of them to let it accumilate to such an extortionate amount.

If they had sent bills or even cut it off after non-payment,

then i would have realised that the electric wasnt included in my rent but i received not a single bill in 2.5 year's.

[fkofilee]

Welcome back to CAG - have a read;

 

https://www.ofgem.gov.uk/ofgem-publications/64010/back-billing-leaflet-2012.pdf

[dx100uk]

when did you leave the premise..

[confusedbunny]

I left in june 2014.

[dx100uk]

they can instruct all the debt collectors they like

they are not bailiffs.

 

strange how the suddenly find you after all this time..

 

as far as I can see they can only back date 12mts

and theres no debt within 12mts....so

 

dx

[unclebulgaria67]

I suspect that EDF have been chasing the landlord for quite awhile, as after you moved out in June 2014, it is quite possible new tenants tried to sort out paying for energy usage. EDF then realised they had not been paid and eventually the landlord supplied them with a copy of your tenancy agreement. You have then been traced to your current address.

 

Suggest you check on Trustonline that a CCJ has not been obtained using your last addresses.

 

Search online for details of the 12 month backbilling rules for energy supplies. You might have to negotiate paying something towards energy usage.

[ASIIndustries]

The back-billing principal only applies when you have told energy supplier that you have moved-in and gave a start reading and the energy supplier has failed to bill you,

 

 

then you have told the energy supplier that you have moved out with a final meter reading and the energy supplier failed to bill you then later comes forward with a large bill for the full tenancy term

 

confusedbunny : Assumed the electric was included within the rent and never contacted the energy supplier, then the back-billing principal does not apply and the £3500 bill remains

[ericsbrother]

depends on tenancy.

[confusedbunny]

I had a shorthold tenancy

[ericsbrother]

and what did it say about services?

 

 

You state that LL responsible but if the tenancy didnt say that

then you will struggle to persuade EDF to go away

 

 

I would tell them that you were never their customer either by a contractual agreement or default.

[confusedbunny]

Update.

I have received at deadlock letter from the supplier.

 

After receiving an SAR it seems i was aware of the first two quarterly bills, when i moved in nov 2011.

 

After six months, i stopped getting any bills and i left in may 2014.

 

During this time, they didnt cut me off etc and let the debt build up for over 2.5 years, not even a red/final demand bill, let alone an initial first bill during 2.5 years.

 

In the deadlock letter it states that i informed them of my new/current address when i left in may 2014, for them to contact me and i gave them a closing meter reading.

 

They state that there was an 'oversight' and was continuing to send my final bill of £3400 to my old address for two years after i left.

 

That would explain why i never knew anything about this until last month when the realised they had my forwarding address all along.

 

Where do i stand with regards to this demand please?

 

As i do not undestand the 'back billing' post given in this thread.

[dx100uk]

well if they were sending bills and have all along, and it was simply that you didn't get them and was not their fault

the back billing rule cannot apply?

[confusedbunny]

I gave them my new/forwarding address when i left in 2011.

 

 

They state in the deadlock letter that this was an oversight on their part and was still sending correspondance to my old address for the last 2 years.

[dx100uk]

bottom line is what can they do to you?

not a lot bar issue a CCJ that you could defend

 

 

I think i'd let this run.

 

 

it equates to £116 PCM

which I would have thought that if you believed it was in your rent sum

the rent would have been a lot higher and you'd have questioned why?

[confusedbunny]

I have had a decision back from the financial ombudsmans,

they agree that I owe this debt, minus a few charges I have been credited for.

 

 

Moving forward,

taking into account that this is now a non-priority debt

(I believe I have to treat my creditors equally),

I offered a token payment (same as I pay my other creditors) until my circumstances change.

 

 

The supplier is refusing this and said they instructing debt collectors and they will take my car!

Also, he said that he is going to do one of two things and will write to me,

either:

 

1. Have my current credit meters (same supplier) switched over to payment meters (PAYG) and put the debt on there to make me pay

 

2. Have £12 per month taken from my benefit.

 

I did explain that I cannot have PAYG meters at my current address, as I am disabled.

He said why I manage to pay my bills quarterly but cant pay this debt.

 

 

I explained that my new accounts with them (at my new address) are priority debts, hence why I pay them, but that fell on deaf ears.

 

 

Also, I explained that taking £12 from my benefits is not treating my other debtors equally, he said he doesn't care and will let me know of his decision.

 

What shall I do,

pay the token payment anyway?

 

 

I am scared of the debt collectors taking my car (value £1200), I need it as I am disabled (its not registered as disabled)

 

I did plead with him to take a token payment and review it in six months but this was to no avail.

[dx100uk]

a DCA is NOT A BAILIFF

they have no legal powers whatsoever to take anything.

nada , zilch.

[confusedbunny]

Does the energy supplier have to right to refuse my token payment and demand more from me than I give other creditors?

[dx100uk]

IMHO no as a past debt is no longer a priority

[confusedbunny]

I have their bank details,

shall I just pay my token payment to show my willingness?

 

Otherwise they are forcing me to pay them £12 (for a non-priority debt),

 

I am sure I am obliged to treat all my non-priority debts as equal when it comes to repayment.

[dx100uk]

correct

[confusedbunny]

I have spoken to EDF again and they stand by the decision and they are going to take the following action:

 

1. Apply to the DWP to have £3.70 per week taken from my benefits.

My other creditors (non priority) received a token payment of £1 pcm.

Are they allowed to apply to DWP without a CCJ?

 

2. They are going to convert my current meters from credit to PAYG meters

(although the debt is on a different account number and previous address),

 

 

I assume put the past debt on my new account number (at my new address) and force me to pay it as a priority debt, is this allowed?

(they are the same supplier (different account numbers) for my previous property (where the debt accumulated) and my new address (I have no debt on this account as its my priority debt).

 

Do they have the power to action either on the above?

 

 

They tell me they do, despite me explaining it is a non-priority debt now.

[dx100uk]

i'm with you i'm sure they cant do

1,or 2

its not a priority debt

and by putting it on PAYG as a debt it becomes priority as you've no choice but to pay it.

[confusedbunny]

Are they allowed to make it a priority debt though? As it stands its non-priority. Two different account numbers too. So, effectively, they are going to merge the non priority debt onto my new account at my current address (priority debt), swap my meters to over to PAYG, is that legal?

[Leakie]

If you are not in debt with the latest account,

why do you not change to another supplier,

if the amount owed is under £500 you can move.

 

Then they can only chase with Debt collectors or have to go to court, or come to an agreement for payment,

 

If you do not agree to a prepayment meter the would get a warrant and pass the cost on to you, if you did not agree.

 

Change supplier is the best option imho

 

leakie

[confusedbunny]

The non-priority debt is £3000. I have no debt on my current gas and electric accounts. Do you mean under £500 on my current account with them?