forced to pay deceased dads gas debt

needhelpasap1

My dad sadly passed away in october 2011 and after this time i took over his home as my own. i contacted all suppliers as you do and everything seemed fine then i noticed that the gas company hadnt changed me accross so i phoned them, they told me because i lived with my dad before he passed away i was responsible for the debt that he had left behind this was £900 i advised them that i hadnt even been a tenant or joint tenant in any sense and they still said i was responisble, i didnt think this was right so i went to the citizens advice centre for help they took this case on and it took weeks with little or nothing happening, meanwhile the gas company told me i would have to have a meter fitted so i did not run up any more debt i didnt want this but they sent threatening letters to my door many times,, i eventually agreed for the meter but was still fighting the debt. i got a call from citizens advice saying they couldnt help me anymore that the gas company was refusing to let this go saying i have verbaly agreed since taking over property to make it my responsibility... i did not do this... they told me to seek a solicitors help but i cannot find one around my area that will deal with this kind of situation any help with that would be great.... so at the moment 2 years on the debt is down to £700 so i will be paying this for years if i cant get some help or advice.. not to mention because they are charging me debt every week + meter rates etc.. i only manage to have my heating on for around 2 hours a day and its costing me £42.00 per week for this and the use of hot water etc.. with winter coming i need it on more and more and i just cant afford it can anyone give me any help or advice i would really appreciate this .

thank you
b.

just wanted to add the house is rented not owned and my father had no assets or funds on passing away thanks

[Deleted User]

When your father died did you register the meter readings on that date you took over the property ?. We have had this problem on here in the past . I dont think we got a conclusive answer. I would ve thought that your fathers debts died with him on that date and you would start with a clean sheet , but you needed to register the start meter readings with the supplier s on the same date as his death. My mother died last year ( she lived alone ) with debts of about 20k. I personally have been chased by many debters/ banks to settle her debts , but I definitely am not responsible for my parents debts. I think you are in the same position

needhelpasap1

thank you for your reply yes i did send in the meter readings when i to over the house, there were a couple of weeks inbetween my fathers death and me taking over the house as my own but on the date i moved in i notified the companies and gave readings etc and i also sent of the death certificates to a few places that asked for this.... still paying this debt 2 years later they informed me i had to pay it or they would cut me off completely and no other supplier would take me or will take me because of this it is very hard. i wonder if there are specialist lawyers who can help in this matter, i just need to find one thats local thank you though for your advice and i suppose we are in the same boat. thank you

[Deleted User]

You might be best of approaching the Ombudsman if you haven't already.

http://www.ombudsman-services.org/energy.html

DUTR

needhelpasap1 wrote: »

thank you for your reply yes i did send in the meter readings when i to over the house, there were a couple of weeks inbetween my fathers death and me taking over the house as my own but on the date i moved in i notified the companies and gave readings etc and i also sent of the death certificates to a few places that asked for this.... still paying this debt 2 years later they informed me i had to pay it or they would cut me off completely and no other supplier would take me or will take me because of this it is very hard. i wonder if there are specialist lawyers who can help in this matter, i just need to find one thats local thank you though for your advice and i suppose we are in the same boat. thank you

Sorry for the loss of your Father, putting the emotion to one side now.
The debt for the energy used is still due, and the bill would covered by any proceeds off the estate, it is hard to deny there are no assets as you are in the house, so unfair as it may seem, you will understand the bill has to be paid by somebdy. Look at it another way, if the house was 'free' then the bill is a small price to pay for it.

Cardew

As you lived with your Dad, it seems that you are being treated as 'jointly and severally liable'. Which is not correct, as you were not named on the bill during the period your father was alive.


Are you sure that the £900 debt applied to the period up to Oct 2011 when your father died, or are they claiming this debt was run up after that date while you were in sole occupation.

You say you gave meter readings and took over the account a couple of weeks after your father died. Have you got a bill starting with those readings, on that date; that will be crucial; if not try and get hold of a copy, or get the Ombudsman to do so.

The important issue is then who was the executor of his estate. It is their responsibility to settle any valid debts from the deceased's estate.

I have been the executor of estates and in each case BG wrote off the outstanding gas/electricity bill on receipt of a copy of the death certificate - I thought it was standard practice??

hcb42

if there are assets (house?) then the debt should be paid from the proceeds of the estate.

DUTR

Cardew wrote: »

As you lived with your Dad, it seems that you are being treated as 'jointly and severally liable'. Which is not correct, as you were not named on the bill during the period your father was alive.


Are you sure that the £900 debt applied to the period up to Oct 2011 when your father died, or are they claiming this debt was run up after that date while you were in sole occupation.

You say you gave meter readings and took over the account a couple of weeks after your father died. Have you got a bill starting with those readings, on that date; that will be crucial; if not try and get hold of a copy, or get the Ombudsman to do so.

The important issue is then who was the executor of his estate. It is their responsibility to settle any valid debts from the deceased's estate.

I have been the executor of estates and in each case BG wrote off the outstanding gas/electricity bill on receipt of a copy of the death certificate - I thought it was standard practice??

Nope, when we lost our Brother, the bills had to be settled, in the case of the OP I do recall that as you mention posts in the past where the remaining tenant became responsible for the account as they had use of the energy, £900 outstanding is near a year's worth of energy for a typical home, so something is not adding up here.

needhelpasap1

hi all thank you for your reply firstly the house is not owned by myself the house is rented so dont know if this has any impact also my father had no estate or assets after his passing, my father was paying weekly payments £20 every week but he was always in arrears since 2007 as far as i can see, as he was in his late 80s he used to feel the cold as even i do and the heating was on alot however i did not see it my area to tell him to turn it off his payments would fluctuate however all the bills are in debit from as far back as 2007 so he never caught up it would seem. bg also never asked me for the death certificate they simply appear to have changed the names from my father to me. i did not sign the tenancy until 2 weeks after my fathers death. thank you

[Deleted User]

hcb42 wrote: »

if there are assets (house?) then the debt should be paid from the proceeds of the estate.

Yes, if your father was the owner of the house and left it to you, then you personally would have to settle all your fathers debts or realise the assets of the house to settle any outstanding debts. I was executor to my late father and had to do the same thing and sell the property to settle debts . Taxman comes first, followed by any debts before anything can be left to anyone. If that includes a £900 utility bill then it would be your choice to either sell or settle the debt personally.. I dont think there is any need to go to the expense of lawyers. If its a rented property, and you just took over the property then it would be a case of realising any other assets your father had

needhelpasap1

hi sacsquacco he had no assets or funds when he died and i was executor of his estate to which there is nothing thank you