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  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Guest101 wrote: »
    Legally that argument would fall down very easily.


    The OP simply needed to contact her preferred supplier and arrange a new account


    - given the old account wasn't in the OPs name, they could not have discussed it anyway

    Not really. If you sue someone you are expected to have mitigated your own loss. Ex could shut the account at any time but has chosen not to, and has been specifically asked to provide the information to allow OP to do so. In the event he was daft enough to try to sue OP for the costs those points would make it very hard for him to argue that he should recover anything.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Guest101
    Guest101 Posts: 15,764 Forumite
    TBagpuss wrote: »
    Not really. If you sue someone you are expected to have mitigated your own loss. Ex could shut the account at any time but has chosen not to, and has been specifically asked to provide the information to allow OP to do so. In the event he was daft enough to try to sue OP for the costs those points would make it very hard for him to argue that he should recover anything.



    Let me explain.


    Let's say you borrow £100 from me - a figure that is set in stone. Mitigating my loss would not mean accepting £80 from you, it would mean, accepting a payment plan of £10 for 10 months.


    The debt is set in stone, it is the amount paid. This figure cannot be mitigated. It's actually helpful to the ex, as this is the figure the OP would otherwise have paid anyway.


    So the Ex needs to mitigate ehis loss but seeking out of court settlement, including a payment plan. Bu making sure there is a proper letter before action / claim. By using court as a last resort.


    But they certainly do not need to mitigate what is in essence a loan.


    The argument would be simple: the OP knew there was utilities to pay and should've put that amount aside and not spent it.
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Since you want to pay, there's no reason not to encourage the ex to relinquish the bill....

    You are asked to read the meter yourself, and submit a reading? Through your tear-streaming eyes, so sad from your loss (ha) 'tis a shame you misread the digits, and seem to be consuming a year's worth a month now.

    I suspect negotiations to transfer the bill will start immediately, and your erroneous reading can soon be sorted direct with the supplier....
  • Guest101
    Guest101 Posts: 15,764 Forumite
    DaftyDuck wrote: »
    Since you want to pay, there's no reason not to encourage the ex to relinquish the bill....

    You are asked to read the meter yourself, and submit a reading? Through your tear-streaming eyes, so sad from your loss (ha) 'tis a shame you misread the digits, and seem to be consuming a year's worth a month now.

    I suspect negotiations to transfer the bill will start immediately, and your erroneous reading can soon be sorted direct with the supplier....



    Or just open a new account and hope the ex doesn't sue the op?
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