HELP! Account wasn't in m name but British Gas are charging me anyway!!!

Amezeylady

Hi! Please help!

I am applying for a mortgage and during the credit check, it has flagged up a defaulted payment from years ago, when I was living in a house share in Clapham with 2 others.

It relates to a British Gas bill. The account for British Gas was in one of the others names, we paid him the money he asked for all the time until we moved out.

Anyway, somehow he has defaulted on a payment, and rather them hounding him for it, they have somehow attached it to me!

They have never been given my details because I hate British Gas, the only reason why we went with them is because he'd already set the account up himself.

Can someone tell me if this is is even legal that they've transferred this to me, and what I can do about it?


Thanks!


Amy x

Magentasue

Amezeylady wrote: »

Hi! Please help!

I am applying for a mortgage and during the credit check, it has flagged up a defaulted payment from years ago, when I was living in a house share in Clapham with 2 others.

They have never been given my details because I hate British Gas,

Are you sure about this? If your name was on the tenancy agreement, your name could have been passed on by the landlord or letting agent. Is the bill for a period when you lived in the house? If so, it could be that they have hounded your ex-flatmates and got nowhere so are now trying you.

dogshome

Hi Amezelady - Ouch! This is a really awkward one, either BG had you registered as an account holder, or one of a group who are all individually liable, or they didn't.
If they didn't, you are going to need all the details of the account on which a debt has occured to prove it's not your responsibility, which is an impossibilty as you would never have had access to to any of this information. At a guess, I would say that the person who's name was on the bill has 'disappeared' and BG appointed a debt collecting agency who have raked up your name from the Landlord as living in the house at the time. As you did not sign up with BG, then they cannot force you to pay the bill, but the bigger probem is the default on your credit rating. I think you should start by checking your rating with Experian - free if you remember to cancel within 30 days - when this default shows up contact Experian and get all the details of who logged the default - Experian may well remove the record of the default when you have spoken to them - Send whatever details you get to BG in a letter headed 'Complaint' and keep a record of every phone call/letter/conversation you make and also the details of any refused credit applications. If BG or their agents have in fact besmirched your credit rating with a debt which is not yours then you are due compensation, so on what I think is going to be an uphill struggle to sort this out, console yourself with the thought that every step you take is going to cost BG a bit more money
Good Luck

Vestra

If you were living in the property at the time British Gas may have dug up your name from things like 192.com

Joyful

Unfortunately for you if you were living at the property during the time of the bill you will be liable if they cannot get in contact with the other tenants. Often people will post that they have called a company and said they will pay a third of the bill as there were 3 people living there only to be told that follow up continues till all the bill is paid as people are jointly responsible. Companies do not get involved in what will be a dispute between you and the other tenants. If the landlord has passed your name on to BG you will be chased for the debt ( I work for BG).

The part about not signing is not correct. If you had a tenancy agreement to live at the property- whether your name was on the account or not you are legally responsible for use of Utilities to whoever supplied.

The best thing is to write to BG and ask what amount of debt they are chasing you for and what period it covered. See if any money was paid to it. If you advise them and have proof that you paid the other person they may take this into account and block the account. Of course if this was sold to an outside agency BG may not even know that you have even been a part of this as it may be the debt company that traced you. You may not be able to get info if they have no connection to you on the BG systems but it is worth trying.

Premier_2

Amezeylady wrote: »

...It relates to a British Gas bill. The account for British Gas was in one of the others names, we paid him the money he asked for all the time until we moved out.

Anyway, somehow he has defaulted on a payment, and rather them hounding him for it, they have somehow attached it to me!...

... and what I can do about it?


Thanks!


Amy x

If you have paid someone else (an ex-housemate) the money to pay the gas bill and they haven't used it for that, hound the person you paid for it to be paid to BG or returned to you

As others have said, BG won't get involved in your own domestic disputes - they just want paying for the gas you and your housemates consumed.

Amezeylady

Joyful wrote: »

Unfortunately for you if you were living at the property during the time of the bill you will be liable if they cannot get in contact with the other tenants. Often people will post that they have called a company and said they will pay a third of the bill as there were 3 people living there only to be told that follow up continues till all the bill is paid as people are jointly responsible. Companies do not get involved in what will be a dispute between you and the other tenants. If the landlord has passed your name on to BG you will be chased for the debt ( I work for BG).

The part about not signing is not correct. If you had a tenancy agreement to live at the property- whether your name was on the account or not you are legally responsible for use of Utilities to whoever supplied.

The best thing is to write to BG and ask what amount of debt they are chasing you for and what period it covered. See if any money was paid to it. If you advise them and have proof that you paid the other person they may take this into account and block the account. Of course if this was sold to an outside agency BG may not even know that you have even been a part of this as it may be the debt company that traced you. You may not be able to get info if they have no connection to you on the BG systems but it is worth trying.

Thank you so much for all your posts. I thought I'd better let you all know what I have found out.

Basically there are 2 issues, 1) that the debt is outstanding, but 2) much more importantly, that the account has been transferred into my name without my consent.

I have just come from speaking to Consumer Direct, and they have informed me that what British Gas are doing is illegal. Apparently, the Fraud Act states that a bill canot be changed from my flat mates name into my name, and so therefore, no default can be placed on my credit record, unless I have authorised the switch, which I have not.

Either British Gas haven't got the authorisation, in which case it's libellous, or my flatmate has got someone to pretend to be me, in which case it is identity fraud, and unless British Gas have a record of this transaction (which I can hear under the Data Protection Act), then it is still libellous.

I am really appauled that this kind of thing can happen. Paying the money is a different matter, if someone had actually told us we needed to pay, I am not someone who shirks payments and would have immediately. But transferring the account, and affecting my credit rating, without authorising it wth me completely falls into an illegal act, and based on the fact that I may not get a mortgage on the result of this, I will certainly continue to take this further.


Has anyone got any further advice based on where we are with this now?


Thanks so much xx

Fire_Fox

If the defaulted bill now is in your name alone then you would have a good case, since there is no logical reason for this to happen. Either the bill remains in the name of the one tenant (are you sure it was, did you actually see?) or it's transferred into all names as you did all use the electric and were all named on the tenancy agreement.

You need to be prepared for this to take a while to sort out - it may be that you need to pay under protest and then chase BG to get the default removed. It's great you have found out the legal position as this may be enough to get BG to back down more quickly.

I am not sure how you think someone should have told you that you owed this money - did you leave BG with a forwarding address? Did you personally take final readings and ring them through? Are you 100% certain someone else did?

Premier_2

Amezeylady wrote: »

...I have just come from speaking to Consumer Direct, ...

...Either British Gas haven't got the authorisation, in which case it's libellous, or ...

Is that what Consumer Direct told you? :eek:

I never did have much faith in what Consumer Direct did!

tripled

As far as I was aware, everyone over 18 who lives in a property is jointly and severally liable for the gas/electricity usage I'm afraid, even if their name isn't on the bill. The problem is that you've used at least some of the gas/electricity and they haven't received the money for it. All utility companies are the same, although BG's name pops up in these forums for doing this more than most.

Perhaps you should give Consumer Focus (the relacement for Energywatch) a ring - they know more than Consumer Direct in this field.

Amezeylady

I've just re spoken to BG .. and guess what?! They've taken my name off the bill and say they will un default me on Monday!

Result for the small guy!

Apparently ...

We'll see what happens later in the week.

Consumer Direct have been really helpful with me - although judging by what you have all said about them, maybe I caught them on a good day :T !!!xx