EON Claimform - electricity Bill run up by ex Tenant

[Dave 1955]

Hello there

 

Utility company is billing me for tenant’s usage –

 

I have rented a house that I never actually ever got to live in!

The first tenants registered the utilities in their name, the next tenant who moved in did not.

 

The Tenant moved into property for approx. 12 months and did not register with Gas and Electricity provider.

 

The tenant moved out of the property and EON I assume have found my residential address from land registry and wrote to me in February advising that there is a £1400 outstanding bill.

 

I contacted them and advised that the tenant was responsible and provided them with her details I had on file.

I heard no more from them

 

 

in July 17 I received another bill from them and then a money claim online order for the outstanding amount.

This time billed up until June 2017 so I assume that a standing charge is being added.

 

I have looked at a few sites and think that I might need to do the following, I wondered if anyone else has had this problem and if so how it was resolved.

 

I have completed the response pack to advise that I will defend the claim and I now have a further 12 days to file a defence, I was thinking the relevant points for the defence would be;

 

 

I have notified them of the tenant’s details that I have Name DOB and time at address.

 

 

The tenant is responsible for the utility bills as stated on the paperwork the tenant has signed.

(This was a single family let and not shared accommodation)

 

Is there any further relevant information I should include?

Has anyone used a good solicitor to deal with these issues or do people normally file their own defence?

 

I have also seen that a few people with utility issues have submitted a subject access request to obtain the actual readings that have been taken at the property should I need it later bearing in mind it takes up to 30 days to receive the information.

 

Thanks for reading and any input gratefully received.

[unclebulgaria67]

I think it is more complicated than you think.

 

 

Under the legislation that was passed when energy was privitised, i think you will find that the owner of a property can be liable for the energy usage, if the tenants did not pay.

 

 

Yes this is unfair as you did not personally enjoy the energy, apart from keeping the house free of damp, but i think the legislation protects revenues for energy companies.

 

I am sure if you search online, this will be confirmed.

 

Correction.

As long as you had a tenancy agreement confirming that x person(s) were going to live at the address and were responsible for such bills, you should not be liable.

You should be able to supply EON legal team with the information and ask them to withdraw the claim.

 

If EON are not helpful, just defend on the basis that tenancy agreement existed making the tenants responsible.

[dx100uk]

Moved to General legal Issues forum.

 

 

can you complete this please:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

[Dave 1955]

Thank you for replying I have completed the answers in green text. Many thanks

 

Name of the Claimant ? E.ON Energy Solutions Ltd (PO box 10126,Trinity House, 2 Burton Street,Nottingham,NG1 4BX)

 

Date of issue 19th July 2017

Date of acknowledged service on 6th August 2017.

 

date to defend - Friday 18th)

 

A claim was issued against you on 19/07/2017

Your acknowledgment of service was submitted on 06/08/2017 at 09:00:31

Your acknowledgment of service was received on 07/08/2017 at 01:05:20

 

(I left the UK on Holiday on the 19th July and returned on the 5th August to Find the claim in the post.

I filed acknowledgement on the 6th at 9am in the morning as shown above taken from the online status details it however says received on the 7th August

– does this cause a problem ?)

 

What is the claim for –

1.The claimants claim is for monies owed to the claimant for electricity and /or gas supplied to the premises of the defendant.

 

2.Pursuant to the terms of supply agreed and /or deemed by virtue of schedule 6 of the electricity act 1989 and/or schedule 2B of the gas act 1986 payment was due to the for energy supplied no later than 14 days after delivery of the claimant’s invoice.

 

3.The defendant failed to pay the invoices rendered.

Energy/invoices for

(a) Duel fuel- (address of rental property removed) invoice rendered up to and including 02 June 2017 - £1419.74

 

4.and the claimant claims £1419.74 and £14.63 interest pursuant to s69 County courts act 1984 at 8% per annum from date invoices became due to the date hereof and continuing at 30.31 (daily rate) per day until judgement or payment.

 

What is the value of the claim? £1419

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Fuel bill

 

When did you enter into the original agreement before or after 2007? No agreement entered into

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim. EON

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I have not received any notice of assignment

 

Did you receive a Default Notice from the original creditor? I don’t believe I have received any default notices – I have received 2 invoices one in February 2017 which I responded to by phoning EON and supplying tenant details. The second invoice arrived in July. I believe these are the only 2 communications from EON regarding the issue, I will check today at the rental address as it is still vacant and see what post is there.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments? No payments ceased – energy company likely to have written to “the occupier” at the rented property address it supplied.

 

What was the date of your last payment? N/A no payments Made

Was there a dispute with the original creditor that remains unresolved? N/A

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

 

[unclebulgaria67]

Your acknowledgement should be ok, as it is registered on the system and yes it is by 20th August you need to do the defence by.

 

If you have a tenancy agreement copy with the name of the person responsible, i think you should get a copy faxed over to the EON legal team. That tenancy agreement is a legal document between parties, which hopefully makes it clear who was responsible for utility bills.

 

If you do a google search, you will see many landlord legal forums reporting these situations. From what i could see, it is more of a problem making a tenant responsible if there is no copy of a tenancy agreement available or the agreement does not mention anything about utlity bills. If you let via an agency, the agency may have copies of paperwork.

[Dave 1955]

Hi Unclebulgaria

 

thanks for having a look at the details, much appreciated.

 

seeing as you seem to have a huge amount of posts I expect you know your way around !

can you see if I have posted the details back in the correct place ?

I see my original post was moved to "legal" but I cant seem to see if I have posted my answers on the on the legal thread or the original thread ?

 

 

thanks again

[unclebulgaria67]

Hi Unclebulgaria

 

 

thanks for having a look at the details, much appreciated.

 

 

seeing as you seem to have a huge amount of posts I expect you know your way around ! can you see if I have posted the details back in the correct place ? I see my original post was moved to "legal" but I cant seem to see if I have posted my answers on the on the legal thread or the original thread ?

 

 

thanks again

 

All the comments posted have been moved from what i can see.

 

You might be advised to obtain advice from landlord forums. Your situation is not unique and others will have gone through this. They may have dealt with EON and resolved their case.

 

If you never had a formal tenancy agreement stating terms regarding utlity bills, you will probably be liable, unless you have other documents to prove the tenant liable.

[dx100uk]

scroll up

[Dave 1955]

Just wondered if anyone can cast their eyes over the above to see if I am on the right track for filing a defence.

 

And if there is any other information that I might be able to provide ?

Many thanks for taking the time to read this post.

Cheers Dave

Defence

 

 

Re utility supply to

 

The Tenant moved into the above property on 1/09/15.

 

EON was advised by post of new tenant details and the meter reading (as per the photo 1/09/15 (photo).

 

EON visited the property and the tenant allowed access in November 2015 to allow a meter reading so EON would have been aware of the tenant living at the property.

 

No further contact was received from EON until an invoice was received to my personal home address (I am assuming EON located this from land registry) requesting the outstanding amount of £ xxx for gas and electric supplied from xxxxxx until xxxxx.

 

I phoned EON (spoke to xxx on xxx at xxx) and provided them again with the above tenant details name date of birth and they advised that they had noted on their records. No further correspondence or contact was received from EON at that time or until July 2017 when I received a further invoice along a court summons in July 2017.

S

I dispute the amount owed as I have provided EON with the details of the tenant to whom the services were supplied and provided the document signed by the tenant that clearly makes the tenant liable.

 

I have twice supplied the entering meter reading once at the beginning of the occupation and again in February along with the documents signed by the tenant that clearly states that they are responsible for the utilities supplied to the property (highlighted page 2 paragraph 4).

 

EON has outside access to the gas meter yet has continued to provide estimated readings which have been used for the invoice relating to this summons.

 

Encl.

 

• Photo of meter reading taken on 1/9/2015 and form with written meter readings.
  
• Signed document with highlighted page 2 paragraph 4 showing tenant has signed for reposnibilty of utilites.
  
• 
  

Notes

 

• Meter readings and tenant details posted to EON 3rd September
  
• Letter received in January 2017 (first letter to my private home address) states that EON opened the account in my name on the 18th August 15 (but continued to write to the rental property supply address) as they did not have the details of any new tenant and to contact them to provide tenant details which I did.
   
  
• Phone call to EON 31ST JANUARY 2017 to re-advise of tenant details. Advised they would amend their records. Sent photos of meter taken on 1/9/15 and meter reading form when tenant moved in, also copy of the document where the tenant signed to take responsibility of utility supply.
   
  
• Letter received 16/8/17 from EON to say they will report to the credit agencies that my account is in Default. Equifax is already showing adverse details on my account and has affected my credit rating.
   
  
• EON has supplied my gas and Electricity for 17 years to my home address – also shown on the Equifax report as paid on time since account opened.
  

Edited August 18, 2017 by maroondevo52
Tenants name removed.

[dx100uk]

That might be OK as a witness statement if it gets that far

 

For a defence via mcol website

 

All you simply need is to briefly answer why you are defending the claim

 

You have till 4 pm

[Dave 1955]

OK thanks DX100

 

I will edit it a bit and keep it brief then.

 

I calculated I had until the 20th Aug to file the defence, I am going to do it today. when you mention 4pm did you calculate it to b yesterday at 4PM ie the 18th ?

 

thanks Dave

[Dave 1955]

I have made a SAR in the hope that the original paperwork that I sent them in September 15 arrives in the bundle - a long shot maybe.

[dx100uk]

your 33 days ends sunday

however courts are closed from 4pm Fridays till Monday aM

so you should have filed Friday by 4pm.

 

 

get it done Monday one day wont hurt

as you are allowed errors being a LiP [litigant inperson]

 

 

dx