Liability for former tenants' energy bills

treader

Apologies if this is similar to other threads that have already been posted, but I'm hoping someone can help.

My girlfriend has been receiving letters from a DCA attempting to recover money owed on an energy bill by tenants at her former home. The tenants (and supposed 'friends') entered into an agreement with NPower without informing my girlfriend that they were doing so, and my girlfriend had no knowledge of this until they did a runner from the property (owing 2 months' rent), and she received a phone call from NPower asking if they could take a meter reading.

To add an additional factor into the mix, my girlfriend then had to hand the keys to her property over to a debt company as part of a voluntary bankruptcy agreement. The DCA acting on behalf of NPower are currently chasing her for both money owed by the former tenants, and that owed for a time-period of 6 months after she had relinquished ownership of her property. The company that took ownership of the property have contacted the DCA to explain the situation, but this has not stopped them from continuing to try and claim money owed for when she no longer owned the property

I appreciate that she may be liable for any money owed in between the time that the tenants moved out, and her relinquishing ownership of the house, but can NPower, or the DCA force her to incur any debts relating to the time either side of this?

Any assistance that anyone could provide would be greatly appreciated. Thanks in advance

stclair

Whos name was the bill in?

treader

The bill was in the tenants' name

Although the correspondence from the DCA has come to mine and my girlfriend's house, in my girlfriend's name

stclair

Im not sure to be honest however if the bill was in Xs name then they would be liable to pay the debt.

jd87

treader wrote: »

The tenants (and supposed 'friends') entered into an agreement with NPower without informing my girlfriend that they were doing so

What agreement?

treader

An agreement for NPower to become the gas and electricity supplier at my girlfriend's property. It was previously with another company (I can't recall who, however), for whom the tenants took over the payments, prior to switching

As I stated in my original post, they switched the energy supplier without any informing my girlfriend that they had done so, or even giving her any indication that were contemplating it, as she was not aware that the original supplier was not still in place until after they had vacated the property

As my girlfriend was not aware that the switch of supplier had taken place, she therefore cannot have counter-signed, or agreed to, any contract that may have been entered into by the tenants, be it a documented, or a verbal contract. Surely then, she cannot be liable for the debt, only the person who entered into it can be accountable for any monies outstanding?

SYNERGY

treader wrote: »

Apologies if this is similar to other threads that have already been posted, but I'm hoping someone can help.

My girlfriend has been receiving letters from a DCA attempting to recover money owed on an energy bill by tenants at her former home. The tenants (and supposed 'friends') entered into an agreement with NPower without informing my girlfriend that they were doing so, and my girlfriend had no knowledge of this until they did a runner from the property (owing 2 months' rent), and she received a phone call from NPower asking if they could take a meter reading.

To add an additional factor into the mix, my girlfriend then had to hand the keys to her property over to a debt company as part of a voluntary bankruptcy agreement. The DCA acting on behalf of NPower are currently chasing her for both money owed by the former tenants, and that owed for a time-period of 6 months after she had relinquished ownership of her property. The company that took ownership of the property have contacted the DCA to explain the situation, but this has not stopped them from continuing to try and claim money owed for when she no longer owned the property

I appreciate that she may be liable for any money owed in between the time that the tenants moved out, and her relinquishing ownership of the house, but can NPower, or the DCA force her to incur any debts relating to the time either side of this?

Any assistance that anyone could provide would be greatly appreciated. Thanks in advance

my girlfriend then had to hand the keys to her property over to a debt company as part of a voluntary bankruptcy agreement.

Presuming your girlfriend is still a declared bankrupt, do not delay, pass all the details, letters etc on to the official receiver, and inform both the DCA and nPower that she is bankrupt, this should stop them pestering whilst the matter is sorted out

At the time of her bankruptcy she would have been obliged to inform the receiver of all known creditors, this was obviously an unknown, to her, creditor, presuming that she is actually liable for the debt after all.

If the above is accurate, I'm not too sure what the outcome may be.

The receiver may accept the new creditor, which will end the debt.

The receiver may refuse the new creditor, I don't know what would happen in these circumstances, maybe others on MSE may know.

treader

Thanks for your response, Synergy.

The receiver that my girlfriend dealt with as part of her bankruptcy agreement has been advised of the contact from the DCA for the debt. They took this away to resolve, yet my girlfriend is still receiving threatening letters from the DCA for energy bills relating to a time period after she relinquished ownership of the property.

I am unsure as to whether the receiver spoke to the DCA or NPower, but I am inclined to think it may have been the former, as I believe the DCA would require instruction from NPower to cease pursuit of the debt from my gf, or at least transfer it to the receiver?

I have advised my girlfriend to speak to NPower herself, and explain the situation, and also speak to the receiver and request that they speak to NPower, have they not already. I just wanted to establish what rights she had to dispute the debts before she spoke to anyone, as the DCA have claimed that as the last registered owner of the home, she is liable for any unpaid bills and standard charges against the energy supply. I was unsure whether this was truly the case (i.e. some small-print the energy companies write into their contracts), or if it was just the DCA trying it on to get the money

SYNERGY

treader wrote: »

Thanks for your response, Synergy.

The receiver that my girlfriend dealt with as part of her bankruptcy agreement has been advised of the contact from the DCA for the debt. They took this away to resolve, yet my girlfriend is still receiving threatening letters from the DCA for energy bills relating to a time period after she relinquished ownership of the property.

I am unsure as to whether the receiver spoke to the DCA or NPower, but I am inclined to think it may have been the former, as I believe the DCA would require instruction from NPower to cease pursuit of the debt from my gf, or at least transfer it to the receiver?

I have advised my girlfriend to speak to NPower herself, and explain the situation, and also speak to the receiver and request that they speak to NPower, have they not already. I just wanted to establish what rights she had to dispute the debts before she spoke to anyone, as the DCA have claimed that as the last registered owner of the home, she is liable for any unpaid bills and standard charges against the energy supply. I was unsure whether this was truly the case (i.e. some small-print the energy companies write into their contracts), or if it was just the DCA trying it on to get the money

...................................................................................................

letters from the DCA for energy bills relating to a time period after she relinquished ownership of the property

I can't see how she could be liable for debts for a property she now no longer owned, especially when the property was seized for bankruptcy, they couldn't do it under a deemed contract because she no longer owned the property !

as the DCA have claimed that as the last registered owner of the home, she is liable for any unpaid bills and standard charges against the energy supply.

Has the house been sold, or is it possession of the mortgage company? If so she is no longer the last registered owner.

This:

When a person is made bankrupt, the trustee will inform the utility suppliers that a bankruptcy order has been made. In this situation, suppliers must treat the bankrupt as a new customer and they may ( there will be no may about it it will be pre-payment meters ie no credit) insist on a guarantor or that pre-payment meters are installed, in order to ensure payment of supply.

This:

In relation to fuel, regardless of whether someone is bankrupt, if a domestic client requests a supply of electricity, the electricity supplier has a duty to offer a contract to supply. Though this contract will be one for pre-payment.

And this:

Your debts
The trustee should deal with your creditors after the bankruptcy order. You must not make any payments directly to creditors. If you receive demands for payment pass them straight to your trustee. The only exceptions to this are if you have a mortgage and any court fines. A mortgage lender may sell your home if payments are not made. However, you are responsible and liable for any debts you incur after the bankruptcy order date.





Day-to-day debts
Domestic utility suppliers, such as gas, electricity, water and phone may not demand payments for bills in your name which are unpaid at the date of the bankruptcy order. However, they may ask you for a deposit towards payment for further supplies or will arrange for the accounts to be transferred into the name of your spouse or partner. You must pay continuing commitments such as rent together with any debts you incur after the bankruptcy.

Note the underlined, I presume she hasn't been asked for a deposit nor even asked to start a new contract by the utility company and presumed they are doing it down the deemed contract route.

As mentioned, get her to contact the receiver asap.

undaunted

treader wrote: »

An agreement for NPower to become the gas and electricity supplier at my girlfriend's property. It was previously with another company (I can't recall who, however), for whom the tenants took over the payments, prior to switching

As I stated in my original post, they switched the energy supplier without any informing my girlfriend that they had done so, or even giving her any indication that were contemplating it, as she was not aware that the original supplier was not still in place until after they had vacated the property

As my girlfriend was not aware that the switch of supplier had taken place, she therefore cannot have counter-signed, or agreed to, any contract that may have been entered into by the tenants, be it a documented, or a verbal contract. Surely then, she cannot be liable for the debt, only the person who entered into it can be accountable for any monies outstanding?

I would have thought it would be found that she new she was using electrcity & should reasonably have expected to pay for her usage - ie regardless of who supplied it / she thought was supplying it.

That doesn't however make her responsible for energy used by others - either before or after her bankruptcy.

Soubrette

Surely if the bill is in the tenants name then she is not liable?