What information do you need to supply a utility company when you cancel a contract?

Cheque_Book_Charlie

Hi, are there any MSE'ers that could help?!

A relative of mine runs a small micro business. From 2003 - 2007 he was in a particular premises and used a gas oven. He then developed his business model in a slightly different direction and moved premises and no longer needed a gas supply. He notified his gas supplier in 2007 that he had vacted the property and when I spoke to them today they confirmed that they knew in 2007 that he had vacated.

In 2009 they called him to advise that he owed them £72 from a 2006 charge. He said to them that he didn't think he did since he always paid by direct debit and never had a missed payment etc. The company said they would look into it a contact him back. He heard no more from them until last week when they rang to say he still owed the £72 but that he also owed £2000 in 'baliff and debt collectors' charges. This got his attention!

I have spoken to the company today and ellicited the admission that they were aware that he had left the property in 2007. I should say that the gas supply was then cut off as the property was used for other purposes so no actual additional utility charges have accrued. I have advised them that although he does not believe he owes them £72 he will pay off the principle just to close the matter with them but not the £2000 and he will only pay once they confirm they will not persue him for it or any other charge.

The problem I have encountered is that the gas company are saying that they consider the account still open until my relative proves that he vacted in 2007 (even though they admit that they know he did) on the basis he might not be in ther property but he could still be responsible for the lease and the gas company need to know for 'health and safety' reasons. This seems a little odd to me. What is your responsibility to tell a company information once you cancel a contract and leave a property? I suspect that the company are seeking to recover the £2000 and really want to know who owns and has leased the property from 2007. They tell me they have tried a land search for ownership of the property which has revealed nothing.

My relative does not want to involve other people in this faff and does not see it as his responsibility, once he has legitimately cancelled a utility contract, to care about who subsequently takes over the property. He is also not sure why he needs to provide evidence to the utility company that he has left. I suspect that they don't believe he left when he said he did (he really did). I know they have sent representatives to the property and confirmed that he is not there now, the utility company acknowledged this today. Could they legitimately charge him for their costs in confirming who is in the property (not using their gas although the meter is there but capped off) if he has failed in some obligation to provide them addition information?

Is there anyone out there who can help? This is a commercial, not domestic, property. I'd be very very grateful for any advice. Thank you.

undaunted

I'm not a solicitor but I would suggest that offering to pay £72 you claim he doesn't owe is a mistake. Why would you agree to pay money you didn't owe?

The baliff / debt collection charges (unreasonable as they appear in proportion to the debt) are presumably not for not providing the information / proving who is in the property now but for pursuing the £72 they claim he does owe.

Beyond confirming that he no longer owns / occupies the property

I fail to see why they should be interested in who is in the property now if they are not supplying anything?

I would suggest that if you "disprove the £72" (in court if necessary) & the balliff charges will also "fall". (ultimately it's actually for them to prove you owe it rather than you that you don't if you do end up in Court)

Lose on the £72 however & any costs they incurred may stand!

I'd therefore suggest he consults a solicitor whether he wants "faff" or not!