No terms and conditions (or anything) sent for deemed contract

oljomo

Hi

So I'm currently having an issue with British Gas relating to a property i rented a few years back, where i didnt realise that we were responsible for paying the gas.

I have now received the correspondence that they sent and it shows that the welcome pack was sent to the wrong address - I am not sure what was in it, as all i have is the letter saying it was attached, however i know that this means this information was not provided to me.

Firstly, they have filed a default against me with the credit ratings agency, despite not telling me anything - they got my name from the landlord, and an incorrect date of birth that they have put on it as well - but surely they have to notify me that they have my information while i am at the address to do something?

Secondly, i assume this then meant that i was on the deemed contract rates for this period of time - and because i didn't know i was responsible i didn't change this - i have found lots of things that say that the supplier must notify the person they are not on the best tariff, but i have yet to find what happens if they don't - from what british gas told me simply the fact that the terms and conditions are on the internet means everything is fine, is this true?

I was only there for 6 months, so the bill is not that high - its more the attitude of what they are doing, and the fact that they are refusing to remove the default despite not contacting me about the account the landlord setup while i was there (so there were no bills "to the occupier" etc) that makes me wonder what the situation legally is.

(Just a slight bit of clarification, they fixed the incorrect address after the welcome pack, so everything else was sent to the correct address - after id moved out!)

macman

But it's the occupier's responsibility to contact the supplier and register with them on day one- not for them to chase you. The supplier has no idea when the property changes hands otherwise.
Who pays the bill (landlord or tenant) is a third party dispute between you and the LL-not the concern of BG.
If you used the service while in occupation then you are fully liable for the gas used in that period, at standard tariff rates (since you didn't request any other tariff).

oljomo

Just curious whether you are saying that British gas don't have to send terms and conditions, and explaining that there are better rates available (as stated numerous places on the ofgem site), or are just saying that i made a mistake.

I know i made a mistake, but one mistake shouldn't lead it to get this far - this whole thing has ruined my credit record for 4 more years over a stupid £100 bill that i would have paid if i had have realised it was even due!

I just want to know what happens once british gas have admitted they have not performed correctly, i cant believe there are these regulations that if not met are just ignored....

insanegloss

oljomo wrote: »

Just curious whether you are saying that British gas don't have to send terms and conditions, and explaining that there are better rates available (as stated numerous places on the ofgem site), or are just saying that i made a mistake.

I know i made a mistake, but one mistake shouldn't lead it to get this far - this whole thing has ruined my credit record for 4 more years over a stupid £100 bill that i would have paid if i had have realised it was even due!

I just want to know what happens once british gas have admitted they have not performed correctly, i cant believe there are these regulations that if not met are just ignored....

I'm afraid I'm going to have to be blunt to be kind with this one. Ultimately, this is your own doing. No matter about what british gas did or didn't send around the time you moved in, the problem would have been sorted before it even existed by you informing that you had moved in. Secondly, in assuming that as you state that is ruined your rating for 4 more years that this from 2 years ago. Therefore, the rules regarding been informed about the tariffs didn't even exist then, and it would have been impossible to say if they did as there wasn't 12 months usage to determine the annual cost. Therefore, this point is moot.

Pay the bill if you haven't already, and chalk it down as a life experience.

undaunted

License conditions do in fact say that the supplier must supply terms & conditions within a reasonable time.

"
Information for Customers about Deemed Contracts
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]
7.7 If the licensee supplies gas to a Customer’s premises under a Deemed Contract, it must take all reasonable steps to provide that Customer with:

(a) the Principal Terms of the Deemed Contract; and

(b) Notice that Contracts, with terms that may be different from the terms of Deemed Contracts, may be available "
[/FONT][/FONT]
https://epr.ofgem.gov.uk/Document


What is reasonable isn't defined & generally speaking absolutely nothing happens if they don't comply I'm afraid - seemingly because nobody can be bothered to actually monitor or enforce these supposed conditions

chanz4

The op didn't register, sounds like the landlord told them and so BG build him. Op zero case, also what did your tenancy say about the payment of bills

oljomo

generally speaking absolutely nothing happens if they don't comply I'm afraid - seemingly because nobody can be bothered to actually monitor or enforce these supposed conditions

This was what i suspected, and what i was asking about in this.

Now at least British Gas have apologised, and removed the Default, which is progress at least - but I am somewhat amazed there are these conditions yet nothing happens if they don't meet them....

silverwhistle

Who did you think _was_ responsible for paying for the gas? It's not normally included in rents, is it?