Being Charged for a Gas meter but dont have Gas?

macman

Excellent post. The HA should foot the bill for the removal of the unused meters and supply.
I wonder how many flats are in this situation?

retiredin2011

This is the sort of thing some newspapers love, hounded by BG for gas payment but don't have a gas supply.

Bluebirdman_of_Alcathays

retiredin2011 wrote: »

This is the sort of thing some newspapers love, hounded by BG for gas payment but don't have a gas supply.

They do have a supply. It's not being used. BG will still have to pay National Grid/IGT for maintenance and upkeep. They are looking to recoup those costs. Whether they have a legal entitlement to do so is as yet untested.

retiredin2011

There is no gas supply to my flat or any of the flats within the block!

Did I misread the OP?

Bluebirdman_of_Alcathays

retiredin2011 wrote: »

Did I misread the OP?

Possibly.

The meters are there, in the car park. The standing charge is paid per meter. If somehow the housing association and builders between them decided at the last minute to change the way the building is configured, they should see about getting the gas supply removed.

As has been stated, it's all irrelevant as the OP should be able to argue that no deemed contract has been entered into.

undaunted

Bluebirdman_of_Alcathays wrote: »

Then this is your responsibility.

BG want you to pay as there is a gas supply available, and they are the supplier. It's clearly detailed in the link I sent.

You should write to BG, (don't bother calling, waste of time) stating that you haven't entered a deemed contract as you haven't used any energy. If they wish to pursue it, they have legal recourse to do so.

You could also switch the meter over to someone that doesn't charge a standing charge, I believe ebico are the only company that do this these days.

I believe that the act clearly states you must take supply - and hence Ofgems interpreation of consumption - not that an energy supplier must simply offer it regardless of whether you consume in order for a deemed contract to be formed. IE

"
8(1)Where a gas supplier supplies gas to a consumer otherwise than in pursuance of a contract, the supplier shall be deemed to have contracted with the consumer for the supply of gas as from the time ( the relevant time) when he began so to supply gas to the consumer.

(2)Where

(a)the owner or occupier of any premises takes a supply of gas which has been conveyed to those premises by a [F1gas transporter] in pursuance of arrangements made with the transporter by a gas shipper, or by a person authorised to make the arrangements by an exemption granted under section 6A of this Act;"

http://www.legislation.gov.uk/ukpga/1986/44/schedule/2B/paragraph/8


Personally I would write to BG stating that there is no supply to the property / block and you will not therefore be entering into any form of contract with them, making any payments for none existant services or entering into any further correspondence with them upon the alleged debt. I suggest you then refer them to the Housing Association as owners of the property should they believe the meter must be paid for or be removed.

If they wish to pursue it against you it is for them to provide evidence of supply and contract not you to disprove it.

Bluebirdman_of_Alcathays

undaunted wrote: »

I believe that the act clearly states you must take supply - and hence Ofgems interpreation of consumption - not that an energy supplier must simply offer it regardless of whether you consume in order for a deemed contract to be formed.

Personally I would write to BG stating that there is no supply to the property / block and you will not therefore be entering into any form of contract with them, making any payments for none existant services or entering into any further correspondence with them upon the alleged debt. I suggest you then refer them to the Housing Association as owners of the property should they believe the meter must be paid for or be removed.

If they wish to pursue it against you it is for them to provide evidence of supply and contract.

The act says "Where a gas supplier supplies gas to a consumer otherwise than in pursuance of a contract, the supplier shall be deemed to have contracted with the consumer for the supply of gas as from the time ( “the relevant time ”) when he began so to supply gas to the consumer"
http://www.legislation.gov.uk/ukpga/1986/44

It doesn't say take supply, which would imply energy would have to be used.

It is vague enough and gives enough leeway for BG to construe "supplies" to mean making a supply available.

I agree with you that the OP should write to BG refusing payment as they believe no contract has been entered into. However until it is tested legally, there's nothing to stop BG (or anyone else) sending these letters.

undaunted

Please read item 2a which I both quoted word for word above and provided the link to that page. It quite clearly does refer to a situation where the consumer "takes a supply" :money:

dogshome

Better and better or worse and worse, depending if you are a resident or the HA
It seems we have Gas pipework to this building, which ends in bank of meters ( 1 for each flat ? ) that are housed in an outbuilding.

What it seems we don't have is the post meter pipework to deliver metered gas into each flat - So without this connection how is possible to establish any particular flats liability for Service Charges accrued by any particular meter ?
Unless that is any resident is foolish enough to register themselves with BG

If buzzkie hasn't done so already, he/she needs to get the all the residents together to speak with one voice

Bluebirdman_of_Alcathays

undaunted wrote: »

Please read item 2a which I both quoted word for word above and provided the link to that page. It quite clearly does refer to a situation where the consumer "takes a supply" :money:

Noted, I do apologise.

In any case, it doesn't appear to be stopping BG, they clearly think are empowered to send letters demanded money for non supply, even if just about everyone else thinks otherwise.