QOTW: Can energy suppliers reclaim the cost of unbilled energy after a year?

Premier_2

Mrs_Arcanum wrote: »

...Regardless of this, it is the energy supplier/charger who has made the error and admitted so. Not us or the tenants.

The energy supplier may well have admitted the error in not issuing regular bills, but your question was can they chase you for payment more than a year old.

The answer to that, seeing as you are not a consumer, is yes they can; they can legally do so up to 6 years back (5 years in Scotland)

Mrs_Arcanum

Sad as we are a not for profit charity and the energy was supplied on a domestic basis

We did have a similar problem with Total a few years ago where we just had to pay up as Total do not do domestic billing (stuck with the contract from NHS).

SwanJon

MSE_Archna wrote: »

Q. Is it true energy suppliers can’t reclaim the cost of unbilled energy after a year? Asked on Fri Radio 2's Vine.

Martin's A.I wasn't 100% sure when asked live, so we've checked. There are two types of protection:

The Statute of Limitations means you can't be pursued in court for civil issues six years after the event (five in Scotland) and this covers utility bills.
Most big suppliers also signed up to a Code of Practice for Accurate Billing in July 06. It has rules saying when your supplier can't chase you for bills over a year old, meaning the debts are wiped. This includes...

• If you've flagged up a query or fault in writing about the account and the supplier's done nothing. This is the one to use if you haven't had a bill and have asked for one.

Mrs_Arcanum wrote: »

Due to an error on the supplier/electricity billers part no bills have been received for 2 years... I would add, the bills were being generated but never actually sent.

Mrs_Arcanum wrote: »

The utility company has admitted the error was on their part. To date the bill was in the name of a Support Worker (only just been changed to our name).

If bills were sent, then it doesn't usually qualify under the Code, even if they were sent in another name, otherwise, why would anyone tell a supplier when they move in?

Mrs_Arcanum wrote: »

That would normally be the procedure. However as the first bill received was for nearly a 2 year period no one knew until recently.

Mrs_Arcanum wrote: »

And to complicate matters still further we have a company which validates bills, then advises us they are OK to pay. Another link in the chain to miss the lack of payment.

This is probably going to be your stumbling block (rather than the company issue). As in the OP, you need to have made some sort of effort to get a bill, and it looks like you haven't in the last 2 years.

Mrs_Arcanum wrote: »

Whilst we may be classed as a company the tenants pay us a small amount each week for utilities & we than take the worry of bill paying on their behalf. Domestic use classification.

Mrs_Arcanum wrote: »

They are technically still responsible for paying the bill (they pay us the money to do this for them), though we actually send a BACS payment on their behalf. The only reason bills need to be in our name. Where it is most galling is the cheek they had trying to charge the support worker for over a years worth of electricity in the first place.

So, you've been taking money for the bills from tenants for the last 2 years, but didn't chase any bills, and are now hoping to reduce the bill. Will you give the money back to the tenants?


Sorry for paying devil's advocate, but it appears that technically they would be totally within their rights to chase you for the full amount. Whether or not they will is a different matter, and a lot depends on how you treat the member of staff you are dealing with. Good luck.