Utilities debt - who pays?

Cardew

E.ON_Company_Representative:_Malc wrote: »

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

The fact that you contact 'other parties', and will pass their details to a debt collection agency, implies that your company feels they have a legal obligation to pay for energy used whilst they were living in the house; even though they were not the named account holder.



In one case reported on MSE the named account holder - a foreign student - had collected monies each month from other students but had not paid bills. He did a 'moonlight flit' and apparently went abroad and disappeared, leaving the other students stlll living in the house.



The outcome was the other students had to pay the outstanding bill as the debt had accrued during the time they lived in the property.

SnowTiger

Cardew wrote: »

The fact that you contact 'other parties', and will pass their details to a debt collection agency, implies that your company feels they have a legal obligation to pay for energy used whilst they were living in the house; even though they were not the named account holder.



In one case reported on MSE the named account holder - a foreign student - had collected monies each month from other students but had not paid bills. He did a 'moonlight flit' and apparently went abroad and disappeared, leaving the other students stlll living in the house.



The outcome was the other students had to pay the outstanding bill as the debt had accrued during the time they lived in the property.

It's common for companies to employ debt collectors to intimidate people in to paying unenforceable debts or debts that aren't even theirs.

PixelPound

Cardew wrote: »

The fact that you contact 'other parties', and will pass their details to a debt collection agency, implies that your company feels they have a legal obligation to pay for energy used whilst they were living in the house; even though they were not the named account holder.



In one case reported on MSE the named account holder - a foreign student - had collected monies each month from other students but had not paid bills. He did a 'moonlight flit' and apparently went abroad and disappeared, leaving the other students stlll living in the house.



The outcome was the other students had to pay the outstanding bill as the debt had accrued during the time they lived in the property.

OFGEM deem that any adult living in a household can be held liable.
So in the case of the foreign student, it's the rest of the students who are liable See https://www.citizensadvice.org.uk/consumer/energy/energy-supply/problems-with-your-energy-bill/find-out-if-youre-responsible-for-paying-an-energy-bill/

Cardew

SnowTiger wrote: »

It's common for companies to employ debt collectors to intimidate people in to paying unenforceable debts or debts that aren't even theirs.

Totally agree - the tactics employed by many DCAs are a disgrace.


However Energy companies would be extremely unwise, and open to litigation, if they pass details of property occupants to a DCA for recovery of an accrued debt, if those occupants had no liability for that debt.



Anyway as said earlier we are moving away from the OP's query. It is my opinion(note opinion) that those posters, who state unequivocally that the OP has no liability for part of the £1500 debt, are mistaken.

DaisyAmelie75

I have managed to find an answer - given that my husband signed a separation agreement (here in Scotland it’s pretty much as binding as a divorce) he has to pay the debt that is in his name given all debts to remain the sole responsibility of each party from the date of separation. Thanks for taking the time to respond.

System

DaisyAmelie75 wrote: »

I have managed to find an answer - given that my husband signed a separation agreement (here in Scotland it’s pretty much as binding as a divorce) he has to pay the debt that is in his name given all debts to remain the sole responsibility of each party from the date of separation. Thanks for taking the time to respond.

Sorry to be a complete pedant but you keep using the phrase ‘from the date of separation’. This can be read in two ways.

The point that Cardew and I were trying to make is that whilst the energy supplier will look to your husband to settle the debt, there are examples of suppliers directing their attention towards other parties - should the debt remain unpaid - on the basis that they have made beneficial use of the supply (jointly and severally). It is something that you need to bear in mind. Waving a separation order in front of them may not get you off the hook: this is why you might need legal advice should what I sense you are worried about come to the fore. Energy suppliers are not known for giving up easily on unpaid debt.