Daily Standing Charge - EDF

podgelows

I own a property which was occupied by myself from Feb 2006 till Jan 2008 in which i used NPower for my Gas and Elec. The property was then empty and not used from Jan 2008 till October 2009 when some tenants moved in. They then used EDF for their Gas and Elec, and paid it monthly via bills etc and Direct Debit. They moved out on 01 March 2012, and the house was empty, next to no elec and no gas was used from 01 March 2012 till 20 August 2012, but they are trying to charge me a Daily Standing Charge of £156 from that time, which also includes usage which was estimated. I have given them the required information of meter readings, and they are still trying to say i owe them £156, even though the meter readings were much lower.

I have never agreed to using EDF, and i certainly wouldnt have after reading comments on the internet about them, and this daily charge.

I have never recieved any paperwork from them, no bill, no letter, no contract, nothing to sign or to say i have to pay anything if no one is living there, until a letter come through the post a few weeks ago when i was up decorating, stating they were going to use force and get a warrent order to gain access to the house to fit meters etc without my say so.

Is it right, that although a property is empty, and i have never agreed too, or signed up to, or even received any paperwork from them, that they can charge me this daily amount? I am happy to pay for anything the house may have used since its been empty, i.e. alarm, boiler for hot water (which has been used twice i think, for about 30 seconds), light (which was used for about 20 seconds).

I have spoken to their Customer Service, and they are about as helpful as a chocolate fireguard. They have said because the last people were signed up to EDF, when they move out, the owner/occupier then takes on ownership of their contract/account.

Surely you can only take ownership of a contract/account if you sign up to an agreement?

Any help in this matter would be very much appreciated.

Thanks

Mrkelly333

I dont think there is much you can do about it. I used to work for a few energy companies and this was a common issue. There T & Cs are pretty tight. I would try calling them and threaten to change supplier if they don't. They may spread the payment over 6 or 12 months so its not as a sore hit.

podgelows

But wouldnt i have had to agree to something in order for someone to take money off me? Its the same as buying a car from a dealer, i would have to sign a form to agree for them to take money off me? Surely?

jalexa

podgelows wrote: »

I have never agreed to using EDF, and i certainly wouldnt have after reading comments on the internet about them, and this daily charge.

I have never recieved any paperwork from them, no bill, no letter, no contract, nothing to sign or to say i have to pay anything if no one is living there, ...

OK, which supplier did you think you were with?

What you have is called a "deemed contract". Perfectly legal. You should have been charged at the standard tariff rates with a daily charge if the standard tariff is a standing charge tariff.

I don't agree with your "chocolate fireguard" comment especially as what you were told was correct.

One avenue for you to explore however is any Edf explanation for (apparently) not sending "to the occupier" letters. The first one should have been sent immediately the previous tenant closed their account assuming the previous tenant did in fact close their account. If they didn't then technically they remain liable.

podgelows

Yes, they closed their account and EDF are saying that they sent out the letters, but i have never recieved anything from them, other than this one letter that isnt even a bill. It just states that they are going to go to court to get a warrent to gain entry to my property.

The "chocolate fireguard" comment was used, mainly at their unwillingness to help or anything like that, they just were not interested at all in trying to help me find out why this charge is acceptable when i have not agreed to anything or read anything or spoken to anyone.

I was with Npower years ago, but i know that will have changed to edf when they opened an account with them, and that it wont have changed back automatically, its just annoying to think that all this time the house has stayed empty they have been charging me, when i never had these issues previously when the house has been empty.

jalexa

podgelows wrote: »

Yes, they closed their account and EDF are saying that they sent out the letters, but i have never recieved anything from them,

TBH, this is one person's word against another and quite difficult for the householder to win against "what the computer says". Anyway it would be a pointless exercise as "deemed" is well founded in supply regulations. Assuming the account has been calculated correctly for the standard tariff type (and I have no knowledge when/if the standard tariff became "standing charge"), IMO you need to settle the account.

Having done so that would be the time to have some "administrative mischief" regarding the whereabouts of the non-received bills and letters. In that situation consider making a £10 Subject Access Request.

Terrylw1

As the landlord, the supplier is entitled to bill you standing charges for periods between tenants. Any supplier using standing charges will do the same.

The Utility Act enforces a Deemed contract as Jalexa says, this is to ensure that energy is paid for as suppliers are only allowed to register their switches with future dates.

If you make your tenants liable for utilities, you entitle them to switch as they are the suppliers customer, not the landlord. So, the only way around this is to be liable and charge it on...which will bring its own risks.