Utility Charging

jokoluko

Hello,

I love this site and would be grateful for any advice/expertise in the outlined below.

We are being pursued by a utility company for charges they claim we owe them for utility usage. Nothing unusual about this you might think, except for the fact that we have been paying our bill faithfully upon production of an estimated bill. When they came to read our meter prompted by a move, they sent a final bill indicating an overpayment on our part, (fantastic we thought), they owed us some money.

They sent us out the money and a couple of weeks later they write to advise us that we owe them money. When I called querying this, I was told that upon investigation they had discovered a mis-calaculation of the meter reading. Which meant that we were now owing them.

I made the point that, they made the mistake so they should absorb it.
Subsequently balliffs have been instructed, I wrote to the company asking them to explain to us in writing, why they say we owe them. Initially they claimed they had not receieved the letter which we promptly faxed across. Since then I was told they would respond within three weeks, well that was six weeks ago. Balliffs have since written again and I again advised them the dispute remained unresolved as no response from utility company. They were insisting that I owed this money.

I am interested in hearing from anyone who has experienced similar, any advice and also what our legal footing is.

Many thanks in advance.

Jokoluko

jhp

A complaint to Energywatch may help.

http://www.energywatch.org.uk/help_and_advice/how_we_can_help/index.asp

jokoluko

jhp We are very grateful.

Cardew

I made the point that, they made the mistake so they should absorb it.

I assume you don't dispute you owe them the money, but believe that in having made a mistake they should absorb it?

I believe the legal position is if the debt is genuine, regardless of their error, you are liable for that debt - but they must of course fully explain why you owe that money.

I doubt that baliffs have been instructed - that can only be after court proceedings - the case has probably been handed to a debt collection agency who will imply that baliffs are involved.

jokoluko

Cardew,

The problem with this is we believe the charge is incorrect and the alleged meter has been removed by them we have no way of checking this. Furthermore as this property lay vacant for approximately 30mths it raises questions for us.

Thnks

Cardew

jokoluko wrote: »

Cardew,

The problem with this is we believe the charge is incorrect and the alleged meter has been removed by them we have no way of checking this. Furthermore as this property lay vacant for approximately 30mths it raises questions for us.

Thnks

I see your dilemma.

They clearly must provide you with an explanation and the meter readings from the removed meter should ‘tie up’ with the readings on earlier Bills.

However if you didn’t record the readings yourself, you will have difficulty challenging them; especially in Court.

I wonder though why you stated(implied?) that the company had made a mistake in sending you a refund and that they should absorb the loss?

If they have made a mistake and undercharged you, I believe that legally you are still liable for that debt. In exactly the same way, if they had overcharged you and you had paid; you would still be entitled to a refund when the mistake became apparent.

As the matter has presumably been handed to a Debt collecting agency, you need to check if your name is with the Credit Reference agencies.