Rebilled on different tariff

JohnB47

vrx wrote: »

Account was never joint but they did say because I was named on tennancy it is my responsibility. All the emails etc... have been from Spark, will give them a call and you never know they may be happy from the holiday period and get somewhere.

Have a look here.

https://www.citizensadvice.org.uk/nireland/consumer/energy/energy-supply/energy-bills/understanding-your-energy-bill/who-is-responsible-for-paying-the-energy-bills/

In particular, this (my highlights):

"If you live with other people

Anyone who is legally responsible for the property can be pursued for an energy debt if the person whose name is on the bill doesn't pay it. If your supplier is chasing you for payment and you are not named on the bill ask them why they are asking you to pay it. You can also ask for some time to try to resolve the situation with the person/s whose name is on the bill. The energy company does not have to give you more time. In general it is helpful to explain your situation to the energy company, for example, the person/s with whom you share the responsibility for the property have left. The energy company can set up a payment plan for you and are obliged to take your ability to pay into account. If you are unable to get any payment for the bill from the other/s involved you should get advice. You can get advice from a Citizens Advice Bureau - where to get advice."

System

JohnB47 wrote: »

Ahhh. I've re read it and I see you quoted "If you’re a Spark customer, it’s good news - you don’t need to do anything. Spark will continue to service all aspects of your account under the Spark brand. It’s business as usual".

Hmmm. So not such good news on the customer service front.

Unless I have misunderstood what has gone on here (which is possible), Ovo is the Ofgem-appointed SoLR following the insolvency of Spark Energy:

Quote: A. We’ve updated the definition of ”we”, “us” and “our” to reflect the fact that OVO is now your supplier (although will operate under the Spark brand); Unquote

Contract terms and conditions for the Spark Brand were changed by Ovo on the 28th November. What isn’t clear is whether the ‘sale’ of the Spark brand included the ‘funding’ of the existing consumer credits by Ovo - or by Ofgem (via the Safety Net). Similarly, recovery of consumer debt owed to a failed company is usually a matter for the administrators of the failed supplier - not the SoLR. If this was a simple buyout of Spark by Ovo, then Ofgem would not have been appointed a SoLR. Ovo would have just taken over Spark Energy as a going concern with both creditors and debtors.

This is what MSE posted after Spark’s failure:

Quote: I'm paying back debt to Spark Energy. Will I pay this to the new supplier instead?

This is unclear at the moment. It depends on whether the new supplier arranges to take on debts owed to Spark Energy. If not, you may still have to continue to pay it back to Spark Energy or an administrator if one is appointed to run what remains of the company. Either way, you will have to pay what you owe. Unquote

vrx

Just another quick question, as they have deleted all my bills and one remaining bill on account is "7 January 2016 - 14 November 2018 (1042 days)" does back billing come into account?

Know it probably sounds cheeky and don't want to get out of paying what I rightfully owe but wondering if the threat of them loosing nearly 2 years of payments would make them more likely to recover my old bills rather than claiming they dont exist.

nigelbb

Your first mistake was paying any of the monies owed by the person who left. Your name was not on the account or bill so legally you were never responsible for paying it. When they moved out you should have had the account put into your name as though you were a new tenant moving into the property. If you wanted you could have passed on the other person’s details so Spark could chase them. Even morally you were only responsible for half the debt.

I would be getting on to Spark telling them that you have got legal advice & that you deny the debt.

Former Spark Representative

Hi vrx

Sorry to hear about this.

If you drop us a line to the email address in my profile we can have a look at this for you.

Normally I'd do this personally, but I'll be out of the office on leave after today until 7th January, and I know you'll be keen to get this sorted out.

If you mention "Formal Complaint" in your email subject line, provide us with your supply address, full name, and any other information that would be useful.

Kind regards

Jenny
Customer Relations Team

nigelbb

Hengus wrote: »

This link might be worth a read:

https://www.citizensadvice.org.uk/consumer/energy/energy-supply/problems-with-your-energy-bill/find-out-if-youre-responsible-for-paying-an-energy-bill/

This advice is incorrect. Citizens Advice can be very shoddy. Their advice on private parking "fines" is atrocious.

The OP had no contract with Spark. They were not responsible for the unpaid bill & could not be sued for the debt. When the other party moved out the OP should have got their account closed & a new account opened in their own name.

It's academic now as the OP acknowledged responsibility for the debt & has been paying it off. The OP's only recourse is to chase the former occupant for half the debt incurred while they were resident