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Bankruptcy...pre paid meter...but wife of bankrupt apparently responsible

Can anyone help.

I have a client who's husband went bankrupt. He has just been released.

He included in his B/R a large debt to his electricity supplier. His wife agreed that she should be the sole name on the account AFTER the bankrputcy. The electricity company agreed but insisted that a pre paid meter was installed. She was happy for this as at least she is paying as she uses the electricity.

However staggered to find that the meter has been set at £40 PER WEEK to cover the husbands debts that were included in the B/R.

Have been told that because wife was living in the house, then even if the debt is in a sole name the spouse can be liable as she has enjoyed use of power during that period.

Our office have written many letters requesting where this is in legislation....no response. Does anyone know the answer.

Comments

  • taxi97w
    taxi97w Posts: 1,526 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    EnergyWatch http://www.energywatch.org.uk/ will have the answer.

    If you can't find the information on the site yourself, just email them outlining the problem.
    more dollar$ than sense
  • Surprisingly, they cannot find where the legislation is !!!
  • taxi97w
    taxi97w Posts: 1,526 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    You clients need to ask the electricity company to supply the relevant legislation otherwise they will submit a complaint again the e company with EnergyWatch.
    EnergyWatch will only deal with complaints when you have tried to resolve it yourself with the company but failed.
    more dollar$ than sense
  • tripled
    tripled Posts: 2,879 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    To my knowledge all adult occpuiers of a property can be hold jointly or severally liable for the supply used as they have had the benefit of it as well as the other occupiers, however that info does come from BG.
  • Terrylw1
    Terrylw1 Posts: 7,038 Forumite
    Hi,

    Spouses hold joint liability for utility bills. It doesn't matter if only 1 is detailed.

    However, the situation is different because it has been subject to the bankrupty hearing. So, surely the bill is been included in that hearing and either, written off or paid via whatever arrangements were made? If this was dealt with, it should not be applied to the PP meter. I would strongly suggest that this is a matter for a solicitor rather than Energywatch because all they will do is write to the Supplier to get it sorted. This issue is more complex in that this has been covered in court under the bankruptcy and Energywatch will have les knowledge to resolve it than the solicitors who covered this.

    In response to Tripled, this is correct however if the occupiers are not related most suppliers would class this as a third party dispute because of how messy it gets as they may all want their own bill. Depends on the supplier really, lazy ones won't want to do the energy split.
    :rotfl: It's better to live 1 year as a tiger than a lifetime as a worm...but then, whoever heard of a wormskin rug!!!:rotfl:
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