Huge bill from EDF...oh dear, the plot thickens.

[Deleted User]

Righto, I'll try and keep this as concise as possible. Moved into a property September last year, was originally sharing with another girl. I would pay her cash in hand for bills and rent since at the time I had a bit of a poo job. Worked out okay at the time. She got made redundant, I thought she was paying the bills...turned out she was paying the bare minimum, the bills at the time were addressed to Owner/Occupier.

Then she got a job in London, moved out 2nd Feb. She said she'd ring EDF, settle the remaining bills and sort out switching over the account to my name. I got a letter from EDF that week, "Welcome to EDF, blah blah", dated 2nd Feb.

First get a bill a week ago, the bill amount is dated from September 2011 to 29 February, about £645. Eeeep. Ring EDF from work, state my case (and mention the letter about when I took on the account, girl said it was sorted, that she'd cancel the charges from 17 Sep 2011). I gave my meter readings over the phone for 2nd Feb and to that date. Also inputted them on the website on my account.

Get another bill yesterday, amount is for £546.66!!! Electric charges: £5.39, based on my readings (housemate took all of her stuff so I've been living like a Victorian, candles woo!) Gas - £516.01 estimated. The whole thing is a mess. EDIT: Just to clarify, these new bills are in my name.

I rang EDF again. Stated my case, spoke to a different girl called Helen. She then said that she required a tenancy agreement stating that I'd moved in 2nd Feb and wasn't in the property prior to 2nd Feb. I asked why this was so, and she said that my account was started from 17th Sep 2011. She didn't tell me who had done so, but I have a bad feeling. I asked her if she'd accept a letter from my estate agent stating I was a sole tenant, but she insisted I also needed a tenancy agreement.

1. Quite worried.
2. Handing over cash in hand is very stupid, I know.
3. Where do I stand legally? (apart from screwed)
4. How hard can I slap my old housemate if I ever see her again?

chanz4

If it was a multiple occupancy property, throw it at your letting agents

macman

Did your ex-friend ever open an account with EDF? If bills were addressed to 'the occupier', it would appear not. Since she has done a runner with debt, EDF will seek to recover the balance owing from you, since you were also in residence at that time, and so are jointly and severally liable. Hence they want proof that you only took up residency on 2/2-which obviously you cannot provide, since you didn't.
The other problem you have is determining what part of the debt, if any, predates your own move into the property. Do you have meter readings from that date? Other than that, you are liable for the whole bill. Your only recourse is a small claims action against her.

Terrylw1

Is there a tenancy agreement at all? Did she have one nsming her the legal tenant? I'm assuming that since you want the letting agency to write they must have known you were there or she would have been sub getting wouldn't he?

In terms of liability, its just not the suppliers problem, they will add whoever they can find. The way to protect yourself is the tenancy agreement which they want a copy of so your friend doesn't ring them up to change it back if they found her.

So, what you need here is probably 2 accounts setting up. The first would cover the shared occupancy and the second would just be for you after she moved out. The problem is the payment for the first. The supplier would probably agree that you owe 50% of that, but they don't know you have paid if you can't prove it. You may be stuck here, but you don't owe her share and they need to make sure that is reflected on the closed account or you I'll get chased for it.

Basically, she has stole your money. To a supplier though, this is a third party dispute and not their problem, it might be worth legal advice though so perhaps start with the CAB. Its really common with students so they are bound to understand it.

Oh yeah, btw, a great big slap in my opinion!

spiro

Sorry but as others have said you are jointly and severally liable for the whole debt. They know were you live so they will chase you for 100%. It will then be down to you to sue the other person for the charges when you both lived there.

You say 'estimated' after the gas amount, is the bill based on a reading you have just proivded or not? If not phone them with a reading so you have an actual bill.

If you know who the other person got a job with write to here care of the companies address giving her 14 days to pay the amount in full or you will take her to small claims court. The problem with going to court will be that it will be your word against hers as you paid her in cash.

Have you checked that the rent is up to date?

macman

Terrylw1 wrote: »

Is there a tenancy agreement at all? Did she have one nsming her the legal tenant? I'm assuming that since you want the letting agency to write they must have known you were there or she would have been sub getting wouldn't he?

In terms of liability, its just not the suppliers problem, they will add whoever they can find. The way to protect yourself is the tenancy agreement which they want a copy of so your friend doesn't ring them up to change it back if they found her.

So, what you need here is probably 2 accounts setting up. The first would cover the shared occupancy and the second would just be for you after she moved out. The problem is the payment for the first. The supplier would probably agree that you owe 50% of that, but they don't know you have paid if you can't prove it. You may be stuck here, but you don't owe her share and they need to make sure that is reflected on the closed account or you I'll get chased for it.

Basically, she has stole your money. To a supplier though, this is a third party dispute and not their problem, it might be worth legal advice though so perhaps start with the CAB. Its really common with students so they are bound to understand it.

Oh yeah, btw, a great big slap in my opinion!

Incorrect-the OP is jointly and severally liable for the whole debt for her period of occupation if there is no named individual on the account. The supplier will not agree a 50% share.
As you correctly say, it's a 3rd party dispute.

Terrylw1

macman wrote: »

Incorrect-the OP is jointly and severally liable for the whole debt for her period of occupation if there is no named individual on the account. The supplier will not agree a 50% share.
As you correctly say, it's a 3rd party dispute.

If there is a valid tenancy agreement in place, they might and have in my experience with students which they have achieved by either adding notes to cover a tenant and removing their name from the account or even seperating into 2 accounts. Very messy though so it really does depend on whether they want to which can be very unlikely.

In terms of account names, they can input over very easily and are. If they find one name, they will fo it without any documentation such as a tenancy agreement in order to make it the customers responsibility to prove otherwise.

[Deleted User]

In my hand right now I have my assured tenancy agreement which has both of our names on, dated from move in date 17th September. I also have a letter from my estate agent stating our move in dates and the date that she moved out (making me sole tenant). I also have her work address and telephone number, as well as her mobile

I'm guessing my best option is to ring up EDF again with this evidence and information? The account only has MY name on it and it's proof that she was there as well, so can they amend this and chase after her? EDIT: And myself as well, it would be nice if they COULD seperate this into two accounts but I'm being realistic and preparing for a battle...


The main issue at hand is like a numpty I let HER arrange the switchover of bills, so either she (which is 99.9% likely) said to OPEN the account from the 17th September, or whoever she spoke to did so after she explained the situation. Is it within reason if I ask EDF for a copy of this recording of this conversation?

And to make things more interesting? Moving house tomorrow! So I have to call them anyway to ask for a final bill...joy!

spiro

ladystardust88 wrote: »

In my hand right now I have my assured tenancy agreement which has both of our names on, dated from move in date 17th September. I also have a letter from my estate agent stating our move in dates and the date that she moved out (making me sole tenant). I also have her work address and telephone number, as well as her mobile

It may help but at the end of the day you are still in the property, you are jointly and severally liable so they can just take the easy option and chasse you and leave it down to you to chase the former housemate as a 3rd party dispute.

macman

If you have her full contact details, why haven't you pursued her about this? EDF have your name as the account holder, not her, and will therefore be chasing you for the total bill owing from 17/9. As above, any 3rd party dispute is nothing to do with them, you are jointly and severally liable from that date.

Terrylw1

They would have to use 2 accounts. One to cover the joint liability and a new one for your sole tenancy otherwise the other tenant would be able to access details on your current account which would be a breach of the DPA.

So, there should be a closed debt scvont and w current live one. Keep the current on running well because it gives you the ability to fight the other case slightly seperately. Now you are moving out, you will end up with another closed account.

Just be careful if you are staying with this dupplier as they can transfer debts to your new account and may fit a pp meter forcing you to pay it all. If thry can't have this option, you at least have a way to discuss it eithout paying for now.

You need one legal advice really because its a 3rd party issues as others have said but its a question of what your supplier is willing to do as well and how much is owed. If its small, there might be options but if its not they will want yo chase it.