forced to pay deceased dads gas debt

brewerdave

Cardew wrote: »

I mentioned in Post #6 that BG might be treating the situation as a case of 'jointly and severally liable'.

However 'jointly and severally liable' only applies when two or more names are on the bill/agreement. In that case they can quite clearly hold any one of those named persons responsible for the whole amount of the bill, and not just their share.

However if the bill is in one persons name, they alone are responsible for the bill. It doesn't matter who stays in the house and for how long. On the electoral roll or not.

Don't disagree at all in principle -but there have been numerous cases,particularly with shared student houses,where names have been added to accounts after the event, rightly or wrongly!
HOWEVER, reading the OP's last reply it appears that he does have a good case as he wasn't actually living there before his father's death -his problem is simply that he didn't get it sorted immediately and has accepted the prepayment route.:(

MillicentBystander

Only just read this thread just now but this seems absolutely scandalous behaviour on the part of the energy supplier I do agree that accepting the installation of prepayment meters has weakened the OP's case but I agree with Cardew's advice - take this to your MP. I genuinely can't see how what the company are doing is in any way legal.

Cardew

brewerdave wrote: »

Don't disagree at all in principle -but there have been numerous cases,particularly with shared student houses,where names have been added to accounts after the event, rightly or wrongly!

I appreciate what you are saying about student houses, but that is altogether different. In all those cases it is either fellow students, or the Landlord, who have asked the utility company to add the name to the account, or even change the name on the account. The Utility company don't take it upon themselves to add/change names; and if they do it is criminal.

For instance, and sorry but I forget to mention it to you, I have added brewerdave's name to my gas, electricity and water accounts. I am not much in debt yet, so don't worry;)

However the OP's case is quite different, his father hadn't added the OP's name to the account.

I can only assume that whoever (mis)handled the case at BG, thought that passing the debt to the son, would just save them making a claim against the father's estate - a long winded procedure - not realising there were insufficient funds in the estate to pay that debt.

I am concerned however that the CAB could not present a better case to BG. It appears that BG's sole 'defence' is that the OP agreed to take on the debt.

Even if he did agree to take on the debt(and he denies that claim), it was clearly under duress and at a time when upset over the death of his father.

Dieselman

It costs £215 to take you to court plus legal help for them, for you it will cost nothing you don't need a solicitor.

Stand your ground have your facts get advice free legal advice plenty of law firms offer it.

Let them take you to court.

They may drop it or they may take you, the judge will be sympathetic if your on your own with a solicitor or Barrister against you, don't worry go for it.:D

dogshome

The way the system works is that you have to have gone through BG's complaints procedure before the Ombudsman will get involved

I get the impression from your posts that contact with BG so far has only been by phone. To get them to take this seriously and follow the prodedure, you have to send Brit Gas a letter headed Complaint

It's important that you enclose in that letter copy documentation showing where you lived prior to your fathers death, (Lease agreement/Utility bill ?), and a copy of your lease from the HA showing it's start date
Once BG have these I suspect they will back-off and return monies paid so far

MillicentBystander

dogshome wrote: »

The way the system works is that you have to have gone through BG's complaints procedure before the Ombudsman will get involved

I get the impression from your posts that contact with BG so far has only been by phone. To get them to take this seriously and follow the prodedure, you have to send Brit Gas a letter headed Complaint

It's important that you enclose in that letter copy documentation showing where you lived prior to your fathers death, (Lease agreement/Utility bill ?), and a copy of your lease from the HA showing it's start date
Once BG have these I suspect they will back-off and return monies paid so far

Plus remove the prepay meters at no cost. And re-reimburse the OP for any overpayment compared to their cheapest credit tariff.

Cardew

dogshome wrote: »

It's important that you enclose in that letter copy documentation showing where you lived prior to your fathers death, (Lease agreement/Utility bill ?),

and a copy of your lease from the HA showing it's start date
Once BG have these I suspect they will back-off and return monies paid so far

IMO it isn't important - albeit it is an extra arrow to aim at BG - that he proves he wasn't living in the house.

He wasn't named on the bill so is not 'jointly and severally liable' for any of the debt, even if he were on the electoral roll and had lived there full time.

Where he lived, shouldn't be the grounds for his complaint against BG. His father was alone responsible for the debt - not the OP.

[Deleted User]

Cardew wrote: »

IMO it isn't important - albeit it is an extra arrow to aim at BG - that he proves he wasn't living in the house.

He wasn't named on the bill so is not 'jointly and severally liable' for any of the debt, even if he were on the electoral roll and had lived there full time.

Where he lived, shouldn't be the grounds for his complaint against BG. His father was alone responsible for the debt - not the OP.

I agree, when i lived with my father I contributed a very fair weekly rent which covered all utilities. How my father settled the bills was his domain, the OP sounds like he was in the same situation. He is not liable for any of the debts at all, he s not named as an account holder . BG have been a bit underhand in putting any past debt ( or replace with a more expensive prepay ) onto his prepay. I am sure if it go s to Ombudsman they will have to drop their claims

JimmyTheWig

needhelpasap1 wrote: »

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

Sorry to hear of your loss, OP, and the problems you have been having.

This is probably going to sound harsh, but it is of no use to you to just tell you the nice things that you want to hear.
Did your father really have nothing when he died? No TV? No CD collection? No wedding ring? No clothes? Literally nothing that could be sold to even recoup some of the debt that he owed?

Obviously that might be the case, but it would be unlikely.

Did he owe money elsewhere? Did that get paid?

Cardew

JimmyTheWig wrote: »

Sorry to hear of your loss, OP, and the problems you have been having.

This is probably going to sound harsh, but it is of no use to you to just tell you the nice things that you want to hear.
Did your father really have nothing when he died? No TV? No CD collection? No wedding ring? No clothes? Literally nothing that could be sold to even recoup some of the debt that he owed?

Obviously that might be the case, but it would be unlikely.

Did he owe money elsewhere? Did that get paid?

You appear to be missing the point.

If BG believe that the OP's father had assets, then they are quite entitled to make a claim against his estate. They have a whole section that deals with probate issues.

Not that it is relevant, but even if he had loads of other debts in addition to the BG debt, his son is not responsible for his father's debts any more than you are responsible for my debts.The creditors can make a claim against the estate.

http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/dealing_with_the_financial_affairs_of_someone_who_has_died.htm

In general, if there is not enough money in the estate of the person who has died to pay their debts their creditors cannot recover the amount still owed from anyone else, including that person's surviving relatives.