EDF, Help!

alextexmex

Hey guys,

Little help needed. I moved into a property which previously belonged to my brother and his girlfriend and who are my landlords. I recently set up a new energy account with British gas and thought nothing of it.

Fast forward to today, bailiff turned up, threw a letter at me and walked off. It was a letter from resolvecall stating they are taking my brother to court in the next few days for access to the property to disconnect the energy on behalf of edf energy.

I contacted EDF and asked for permission to delay action until I can get proof of tenancy, as my brother has gone on his holidays and I don't even have his address, plus he uses this address as a care of address as he has got massive debts and is trying to run off!

My tenancy states this address's as my occupancy but my landlords address on the tenancy is the same but as a care of address. EDF are getting very difficult and the court hearing is in two days, plus they refuse to transfer the account to British gas until I can prove I live here and have the tenancy. I'm doing nothing wrong and moved in not expecting this. What the hell do I do?

Thanks all

Bluebirdman_of_Alcathays

Oh dear.

You need to open an account with edf. Have you done that? Until that happens, you can't move to BG.

alextexmex

Edf have refused to let me open a account with them until I provide the tenancy, which they have already said they won't accept as it lists my brothers address as a care of my property.

It's a mess and I'm really stressing about it.

princeofpounds

I'd try to get some advice from CAB. They do advise in this area, but their online guide doesn't cover your exact situation.

http://www.adviceguide.org.uk/wales/consumer_w/consumer_energy_supply_e/faq_index_gas_and_electricity/faq_gas_and_electricity_disconnection.htm

I would make an official complaint, verbally then followed up in writing, to EDF. Make it about the threat to disconnect and the refusal to transfer to BG. This puts on record your attempts to correct them.

I would phone the the court up. Confirm that the hearing is taking place as per the notice. Ask the court for the procedure to speak at the hearing and/or request a postponement. Make it clear to them that you are not the person of whom the bill is demanded, but you are the occupier of the property concerned. I believe that the magistrate is likely to allow you to speak, although I don't know the exact process. If the magistrate it aware of your tenancy, they are unlikely to permit the disconnection, although they may merely delay it until you can produce evidence.

Bluebirdman_of_Alcathays

It's a massive mess. I can see why edf won't accept - it looks like an blatant attempt by your brother to avoid the debt. A court would need to sort out that aspect.

Don't worry about disconnection - it almost never happens, they'll put in a PPM. It's in edf's interest to do so - it guarantees they'll get their money.

G_M

Your brother is a *****.

To start with, by law, he has to provide his tenant with an address "for the serving of notices" an this cannot be the same as the let property.

I suspect (maybe unfairly) he has also
* not told his mortgage lender or got permission to let the property
* hidden the rental income from HMRC
* not provided you with an EPC. Or a gas safety certificate

??

But he is your brother!

If it was me, I'd pay the debt to EDF, get them off my back, sort out British Gas switch

and then have a real go at my bro when he gets back from holiday.

If you are paying him rent, easy solution - stop paying.

The Landlord and Tenant Act 1987 (S48) says you can!

48 Notification by landlord of address for service of notices.

(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.
(2)Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

BitterAndTwisted

A pre-payment meter will mean that for every fiver the PO pays, three quid will go on paying off the brother's debt. I doubt there's any way round this. Nice brother. Debts a-go-go but can find the money for a holiday plus dropping his own flesh and blood in the mire. Make no mistake, he knew exactly what he was doing.

I'd be thinking about not paying the rent until I'd clawed back what he owes if I was forced to pay it off for him

MadelinesMum

G_M wrote: »

Your brother is a *****.

I totally agree, and I doubt very much this will be the last trouble you get with his debts.

I would start saving for a deposit for another property - your brother is doing you no favours.

alextexmex

No argument from me that he is a utter prat. I've discussed about the things he has done on here before. Legally the house fully brought and paid for, was my dad's, left to my brother and I am getting the funds together to buy out his share.

He left a trail of bad debt and problems, he is the kinda person who has not a seconds interest in paying anything he owes, I'm the opposite and like to keep things sorted.

When I moved in I got a land line order in with BT, who then refused it as my brothers connection at the property had defaulted (he lived here before dad died). As we are twins and share a DOB I had to send birth certificate, passport and driving licence copies before they would reconnect it, same issue with the massive water bill he left.

Frankly very tired of it all. Luckily for me after spending all day on the phone to them and CAB, they have agreed to open me a account as I have provided ID plus tenancy, therefore enforcement will at least be held off until he is home again and i can make sure this issue is ended once and for all. This reflects badly on me and causes so much stress! Bah!

Thanks guys for the advice.

pinkshoes

I'd pay the debt then deduct it from the rent. This would be easier than ending up with a meter!