Backbilled over 12 months ago?

pokhim

Hi there,

I have just recieved a letter from British Gas with states:

'we're sorry, we didnt take your last direct debit so your final bill hasnt been paid...after sent your final bill on 30.03.2013 we should have taken one last Direct Debit...a glitch with our system...there's a balance of £480 to pay'

Now, i dont remember receiving a final bill and I question if they sent me one. I wonder if this would be a case of 'backbilling' and i could therefore refuse to pay and BG would just credit the account to Nil?

many thanks for your help and advice.

Cardew

You cannot just state that you 'don't remember' being sent a final bill and expect not to settle your account; otherwise we all would try and scam the companies!


Assuming you don't dispute the sum outstanding, you owe that money and back-billing isn't a factor.

pokhim

I don't dispute that I used the energy. But my understanding is that an energy company can't bill you for energy that was used over 12 months ago and given this is over 18months prior I wondered if the backbilling clause would apply.

Just to reiterate, I didn't receive a closing bill; otherwise I would have paid.

macman

No, because you made no attempt to contact them to obtain a final bill.

brewerdave

Just make sure that you get a fully itemised bill from BG supporting this claim.Check that the final readings agree with your records;if you switched they should agree with the opening reads from the new supplier(s).

Bluebirdman_of_Alcathays

pokhim wrote: »

I don't dispute that I used the energy. But my understanding is that an energy company can't bill you for energy that was used over 12 months ago and given this is over 18months prior I wondered if the backbilling clause would apply.

Just to reiterate, I didn't receive a closing bill; otherwise I would have paid.

Your understanding is wrong.

The backbilling code only applies in certain circumstances - these may or may not apply to you, it isn't clear, but I suspect not.

http://www.energy-uk.org.uk/publication/finish/43-code-of-practice-for-accurate-bills/412-the-code-of-practice-for-accurate-bills-back-billing-for-domestic-customers.html

Furthermore, the code is an entirely voluntary practice, the law remains that a debt can be chased for 6 years (5 in Scotland).

naedanger

Bluebirdman_of_Alcathays wrote: »

Furthermore, the code is an entirely voluntary practice...

Yes, but having volunteered to follow the code, then a supplier must do so.

Bluebirdman_of_Alcathays

naedanger wrote: »

Yes, but having volunteered to follow the code, then a supplier must do so.

Morally yes, legally no.

I can promise to sell you my house, if I change my mind good luck getting a court to enforce my original decision.

naedanger

Bluebirdman_of_Alcathays wrote: »

Morally yes, legally no.

I can promise to sell you my house, if I change my mind good luck getting a court to enforce my original decision.

I don't agree with your analysis. Once a supplier promises to do something (whether or not they had to give the promise) and that promise is accepted, either by going to the supplier or remaining with the supplier, it becomes contractual and the customer can take the supplier to court it they don't keep it. (Or alternatively in the case of energy suppliers the customer can complain to the Ombudsman.)

Cardew

I think we are missing the point of the OP's query.


As I understand it, BG sent a final bill on 30/03/2013 which the OP doesn't believe he received. On those grounds(i.e. non-receipt of bill) the OP thinks that the back-billing code applies.


Somewhere buried in Ofgem's regulations it states that a bill is valid if on the company's records and claimed non-receipt of the bill does not alter that situation.


If that were not the case, then the 80 million? bills produced each year would need to be sent recorded delivery and if we managed to avoid receipt of that recorded delivery bill by, say, going abroad, the bill would not be valid.


So the position is that the OP left BG last year and the final bill has not been paid in full. Like any debt, the company have six years to pursue payment, similarly a customer has six years to reclaim any overpayment. It doesn't matter if the company or customer made a mistake, payment/repayment has to be made.


There is a current article on MSE urging customers to reclaim credit if they moved in the last 6 years.

Switched energy firm in the past six years? You may be due a share of £153m

chanz4

op would be fully liable, as technically if the bill was produced in march 2013 they have kept to the billing code. Not collecting the debt is a totally different issue and is the same as say a credit card not been paid