Utilities debt - who pays?

SnowTiger

DaisyAmelie75 wrote: »

The bills are in his sole name. When he moves out who’s responsible for paying this? I have a signed minute of separation agreement that states all of our debts are our own at the date of separation.

poppasmurf_bewdley wrote: »

It's in his name so it's his bill. In fact, I doubt the energy company will even talk to you about it.

To avoid any more friction than necessary, it may be wise for you to make an offer to pay towards the bill. There may well be other bills with your name on that you could split.

It appears all bills are in husband's name and that the couple have already agreed that debts belong to whoever's name it's in.

SnowTiger

Cardew wrote: »

As I stated in post#6 in the OP’s case it appears that energy costs were shared during the time the debt accrued. Therefore IMO it is a case of ‘joint liability’ and the husband would not be liable for all the bill.

That's an argument the husband could use during the separation and divorce agreement when it's decided who gets and pays what.

However, the energy contract is between the energy supplier and the husband.

System

SnowTiger wrote: »

That's an argument the husband could use during the separation and divorce agreement when it's decided who gets and pays what.

However, the energy contract is between the energy supplier and the husband.

The Family Law Group has a different view:

Quote: Matrimonial Debt

If the debt was incurred for something you jointly enjoyed during the course of your marriage, such as a holiday or home improvements, the court is likely to look at this as a joint responsibility, irrespective of whose name the debt is registered. The monthly repayments and the applicable rate of interest will be considered by the court when making a decision as to whether the court will order one party to pay maintenance to assist in the payment of the debt. However, where there are assets available to repay debt, the court will generally expect such assets to be used to settle any outstanding debts from the marriage.

Unquote

I am not saying that you are wrong but if the OP is looking for a categorical answer to her question,(which I read as her asking 'Am I off the hook for this debt'?) she needs to speak to her solicitor. Informed, or as in my case uninformed, opinions on this Board are as sound as Brexit promises.

SnowTiger

Hengus wrote: »

The Family Law Group has a different view:

Quote: Matrimonial Debt

If the debt was incurred for something you jointly enjoyed during the course of your marriage, such as a holiday or home improvements, the court is likely to look at this as a joint responsibility, irrespective of whose name the debt is registered. The monthly repayments and the applicable rate of interest will be considered by the court when making a decision as to whether the court will order one party to pay maintenance to assist in the payment of the debt. However, where there are assets available to repay debt, the court will generally expect such assets to be used to settle any outstanding debts from the marriage.

Unquote

I am not saying that you are wrong but if the OP is looking for a categorical answer to her question,(which I read as her asking 'I am off the hook for this debt'?) she needs to speak to her solicitor. Informed, or as in my case uniformed, opinions on this Board are as sound as Brexit promises.

That't not a different view. They are referring to a court making a judgement for the divorce.

It mentions 'maintenance'.

That has nothing to do with the energy supplier.

As I said 'That's an argument the husband could use during the separation and divorce agreement when it's decided who gets and pays what'.

The marriage contract is separate to the energy supply contract.

System

SnowTiger wrote: »

That't not a different view. They are referring to a court making a judgement for the divorce.

It mentions 'maintenance'.

That has nothing to do with the energy supplier.

As I said 'That's an argument the husband could use during the separation and divorce agreement when it's decided who gets and pays what'.

The marriage contract is separate to the energy supply contract.

Let's leave it there. This is not a forum for divorce and separation advice.

Cardew

SnowTiger wrote: »

However, the energy contract is between the energy supplier and the husband.

That is not in dispute.


However as myself and Hengus have explained, the concept of 'joint responsibility' can affect that contract.


Take the case I quoted of a student with the account - a contract!! - in his name who runs up a debt, goes abroad and is untraceable. By your definition the other students in the house( at the same time as the foreign student) have no responsibility for the energy used.

So Are You Liable?

If the charges were incurred while the couple was still living together, the person who remains in the residence may be liable for the back payments. The utility provider is entitled to expect payment from whoever was living in the home.

SnowTiger

Cardew wrote: »

However as myself and Hengus have explained, the concept of 'joint responsibility' can affect that contract.

I've never heard of 'joint responsibility', whereby someone who is not a party to a contract can be held to its terms and conditions.

Cardew wrote: »

Take the case I quoted of a student with the account - a contract!! - in his name who runs up a debt, goes abroad and is untraceable. By your definition the other students in the house( at the same time as the foreign student) have no responsibility for the energy used.

Which case is that?

wavelets

DaisyAmelie75 wrote: »

(And I have a good solicitor but she’s 250 per hour so don’t want to pay for a question I’m hoping someone her might answer!) thanks

We are not permitted to provide you with legal advice here, and with good reason.

If you assume any information posted here as legally correct, and act upon it, it may cost you a heck of a lot more than £250!

[Deleted User]

I would like to hear from the Eon rep Malc or one of the other reps if they have any luck in chasing other occupiers in the properties from defaulting named occupiers.
I expect they would get some to pay up, morally of course they should, but If push comes to shove no supplier will be taking anyone to any small claims courts if the occupiers who remain decide to call their bluff . They rarely do, even if an occupier has been stealing energy for years.
The best they can do if someone calls their bluff is to sell on the debt to let the big burly blokes to have a crack.
British Gas occasionally send me round to debtors who have declared they are no longer occupiers and who have simply changed the account holder to one of their mates living in the property to escape the large debts
I go through a routine of a couple of dozen questions to try and establish if there is any connections. I think this tactic always fails and the "new occupier "starts with a clean slate.
All these debts from all sources are passed on for the whole industry to absorb in the end.
Suppliers should not be allowing a large debt to build up in the first place. Smart prepays are the answer to all these scams where all suppliers can simply switch the account to prepay once the debt reaches a certain level, £400 seems fair.

Former_E.ON_Company_Representative:_Malc

Houbara wrote: »

I would like to hear from the Eon rep Malc or one of the other reps if they have any luck in chasing other occupiers in the properties from defaulting named occupiers.
I expect they would get some to pay up, morally of course they should, but If push comes to shove no supplier will be taking anyone to any small claims courts if the occupiers who remain decide to call their bluff . They rarely do, even if an occupier has been stealing energy for years.
The best they can do if someone calls their bluff is to sell on the debt to let the big burly blokes to have a crack.
British Gas occasionally send me round to debtors who have declared they are no longer occupiers and who have simply changed the account holder to one of their mates living in the property to escape the large debts
I go through a routine of a couple of dozen questions to try and establish if there is any connections. I think this tactic always fails and the "new occupier "starts with a clean slate.
All these debts from all sources are passed on for the whole industry to absorb in the end.
Suppliers should not be allowing a large debt to build up in the first place. Smart prepays are the answer to all these scams where all suppliers can simply switch the account to prepay once the debt reaches a certain level, £400 seems fair.

Hello Houbara and thanks for your question.

As Cardew mentions above, back in 2012 we stopped putting accounts in multiple names. Instead, they're set up in the one name and we ask for as much relevant information as possible. This includes contact numbers and email addresses. We also carry out credit checks to make sure the terms we offer are suitable for the account holder.

With final accounts, we'll use the information we have about the account holder to follow up any outstanding balances. This can be quite a long process involving telephone calls, texts, letters, emails and home visits by one of our reps if applicable. Where we're unable to take payment in full or sort out a suitable payment arrangement, we'll look to pass the account to a Debt Collection Agency.

In certain circumstances, like shared occupancy similar to the student lets Cardew refers to, we might contact other parties where we have relevant forwarding addresses. Again, if we're unable to come to an agreement, it's likely we'll pass the account to a Debt Collection Agency.

Each case is dealt with individually by a dedicated debt resolution team who consider other factors like any vulnerability involved.

Hope this explains Houbara.

Malc