Debt collection visit... but never billed

Michael_T_H_Onion

We received a "debt collection visit" notice through the door today for a total of around £1,000 in relation to gas and electricity bills that are unpaid plus a £60 collection fee. The notice is addressed to "the occupier" at our address and urges us to call the supplier "within 24 hours" otherwise they will apply to the Magistrates Court for a warrant to enter the property and disconnect the supplies. We've never actually been billed for any gas or electricity at this property though!

We've lived in property for about 8 months - renting from a private landlord and during that time neither I nor my housemate have paid any gas or electricity bills because we haven't received any and we understood the landlord was paying these bills. Having said that, despite numerous requests to the two different lettings agents the landlord has used, we haven't been able to get a copy of our tenancy agreement (although we've been promised it lots of times) to confirm who has responsibility for gas and electricity bills.

We became resigned to the idea that the landlord was paying for the gas and electricity because (i) we didn't have a copy of our tenancy agreement to tell us one way or the other (and the lettings agent didn't know) and (ii) we have never received any bills or notices of any sort from utilities companies (other than water, which we have always paid for) and (iii) the gas and electricity has been flowing for 8 months now without a single letter from a gas or electricity company.

What is the best way forward? How can the utility company possibly use a "debt collection visit", for which they are charging £60, as the first way of contacting us? Surely there isn't a debt unless they've billed us or the landlord in the first place? Could it be that the landlord has received bills at a different address and his debt is being enforced at the tenants' address?

Should I now contact the utility company as demanded in their debt collection visit notice or will that only lead to them reissuing the debt collection visit notice in my name?

In addition to all of the above, we would struggle to instantly come up with £1,000 to pay the alleged debt and it seems completely unjust to charge £60 for the privilege of paying the utility bills that we haven't received in the first place!

Any suggestions or advice would be greatly appreciated.

Thanks.

Michael T H Onion

Cardew

Firstly it would be highly unusual for a landlord to pay for gas and electricty, so it is a reasonable assumption that you are liable for the cost of energy consumed.

When you move into a property and use gas and electricity you have entered a legally binding 'deemed contract'.

The Utility company have no way of knowing who is in residence unless someone tells them, hence bills are sent to 'The Occupier'.

Obviously it is your responsibility to inform the Utility company that you are the occupants - the meter readings etc.

It is entirely possible that the £1,000 bill is for some or all of the gas and electricity consumed before you moved in and not your responsibility - although that will be difficult to prove now.

There certainly should have been bills addressed to the Occupier - could they have been re-directed to the landlord?

Do not contact the DCA as they will chase you for the debt - which might not be all yours.

You need to contact the Utility company telling them you are in residence and need bills. These should show the date of previous meter readings so you can ascertain(or estimate) what your charges should be - and arrange to pay them over a period.

Once you have done this you are up to date with your bills and the DCA can take a jump. Simply tell the DCA you have no idea of the previous occupier but you have been paying bills from the date you have moved in.

Michael_T_H_Onion

Thanks, Cardew.

To clarify: we have not received any bills from any gas or electricity suppliers addressed to anyone at this property (not even addressed to "the occupier").

I don't doubt that we, as tenants, are responsible for paying gas and electricity bills at the property but it is certainly not unusual in the area we live in for the landlord to pay these bills. (We live in a student house that the landlord was unable to let to students and around 50% of such lets in this area are inclusive of gas and electricity bills and even Internet and telephone bills!)

I will contact the utility company directly.

Michael T H Onion