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£1,000 E-On Gas Bill 5 Years Late...

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Hi Everyone,

This weekend I received a letter from a debt collection agency demanding money from me on behalf of E-On. Between 2004 and 2006 I lived in rented accommodation and apparently I never paid a gas bill!

I can't remember back that far, but looking through my old accounts on the PC I've realised they're right - I paid my Electricity bill each quarter, but I have no record of any gas bill payments.

I'm a law-abiding citizen and always pay on time, so the only logical conclusion is that E-On never actually billed me for gas, even though they supplied both gas and electric to the property! I also gave them a forwarding address when I moved out because I have a record of paying the final Electricity bill over a month after I left.

So my question is; Given that I provided them with a forwarding address and that they've taken nearly 5 years to realise I never paid, and given that I've never even seen a bill from them yet, let alone a final request for payment - I am still liable for the outstanding amount? You can't cash a cheque nearly 5 years after it was written!

How long is too long before you're not reasonably liable? 6 weeks before Christmas isn't the best time to suddenly owe someone a grand out of the blue...:eek:

Thanks for any help or advice!

Chris.
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Comments

  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    Just pay them what you owe. You admit you owe it, so cough up.

    You've already effectively had a 5 year interest free loan.

    Surely you realised at the time you were using gas and had never been billed the £1000 you used. Now they've cought up with you as most creditors do. Debts rarely just disappear.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • North_Country_Boy
    North_Country_Boy Posts: 7 Forumite
    edited 14 November 2010 at 4:55PM
    Thanks Premier - it hadn't escaped my mind that this is case - £1,000 is easier to come by these days than it was 5 years ago for me, so that's one good way of looking at it.

    But I just wondered if there was any time limit that might make claiming such a large amount difficult for the pursuer? If it was 50 years late, would it make it any less credible?

    Oh and you use the term "caught up with me" - I gave them a forwarding address in 2006 hence my surprise that it's taken nearly 5 years to get in touch - and even then via a debt collector threatening legal action, rather than a letter from themselves.
  • Cardew
    Cardew Posts: 29,061 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Rampant Recycler
    The problem probably didn't come to light until a subsequent tenant was 'hit' with a bill for the gas you used; subsequent investigations showed you and possibly others were responsible.

    The time limit to make any claim is 6 years - so no get-out there I am afraid.

    In these cases, it appears to be standard practice to hand(sell) the debt to a DCA.

    Unless you have grounds to dispute the bill, you haven't got much of a leg to stand on; and you may well be paying for more than you used?? However you can hardly now argue that you noted gas meter readings on occupation and at the end of your tenancy, but didn't appreciate you hadn't been paying for your gas.

    DCAs play a game of bluff to a certain extent, and many will settle for a considerable discount for a quick cash payment. However get it in writing first that this is a 'full and final payment'. Finally check that nothing is on your credit record.
  • grahamc2003
    grahamc2003 Posts: 1,771 Forumite
    I'm a law-abiding citizen
    Chris.

    Hmm. I'm sure you are in general, like most people.

    But you were obviously prepared to steal a grand's worth of gas if you could get away with it! I just wonder why many (probably most) people think these utulities are game to be stolen from, and for quite a large sum, by those who wouldn't dream of nicking a mars bar. (i'm not saying I would do any different btw).
  • Hmm. I'm sure you are in general, like most people.

    But you were obviously prepared to steal a grand's worth of gas if you could get away with it! I just wonder why many (probably most) people think these utulities are game to be stolen from, and for quite a large sum, by those who wouldn't dream of nicking a mars bar. (i'm not saying I would do any different btw).

    I'm not trying to steal anything grahamc2003, what I'm saying is that E-On NEVER billed me for it and I'd like to know how long they have legally to claim it back (the post above suggests 6 years). Thinking back I can only imagine that I thought the quarterly bills I paid to E-On were for both Gas and Electric (that being my first flat and me being a little wet behind the ears still), but either way the error has been theirs, not mine. I certainly intend to pay it, I just think it's polite for a supplier to send me a bill first before threatening to sue me!
  • grahamc2003
    grahamc2003 Posts: 1,771 Forumite
    I'm not trying to steal anything grahamc2003, what I'm saying is that E-On NEVER billed me for it and I'd like to know how long they have legally to claim it back (the post above suggests 6 years). Thinking back I can only imagine that I thought the quarterly bills I paid to E-On were for both Gas and Electric (that being my first flat and me being a little wet behind the ears still), but either way the error has been theirs, not mine. I certainly intend to pay it, I just think it's polite for a supplier to send me a bill first before threatening to sue me!

    I think the 6 years is correct, it is the statute of limitations which I think applies in this case.

    What I'm having trouble with is why you think that is relevant to anything. You've accepted you owe eon a grand, and you've also stated you always pay your bills. If this debt was only enforcable for say 3 years instead of 6, would that make a difference to what you would do?

    I agree eon obviously made a mistake by not billing you at the time, but that doesn't mean you also haven't made a mistake by not ensuring you were paying for goods and services you were using at the time.

    As things have worked out, I'd guess Eon have probably got around £200 for the gas you used, with the DCA probably about to get £800.
  • I believe that most unsecured debts become "Statute barred" after 6 years under the limitation act. This means that you still owe the money but no action can be taken against you to recover the debt.

    You'd need to check with an expert but I think that you are only legally obliged to pay for any gas you used within the last 6 years; anything you used before that can be ignored.

    Check though!
  • Another thought: Check whether they are trying to bill you at todays rates or the rates which were current when you actually used the gas.
  • t0rt0ise
    t0rt0ise Posts: 4,478 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You need to ask for a statement of account outlining exactly what the debt is for and how the sum is arrived at so that you can see what you are being billed for. Sometimes the debt companies don't seem to know and drop the case there and then.
  • Ken68
    Ken68 Posts: 6,825 Forumite
    Part of the Furniture 1,000 Posts Energy Saving Champion Home Insurance Hacker!
    I doubt, North, that it will ever get to court. The court officials need to see a billing sequence, i.e. copy of original bill, then reminders, then a final demand etc. In your name and original and updated address. Any gaps, and it's thrown out.
    Whatever, put everything in writing and a well written plea (you don't need help there) with no fudging and cover ups will do it.
    A quick settlement might be another answer.
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