Npower using debt collectors for gas that was disconnected

RosieVictoria

So basically npower has got debt collectors hounding us for £140 for gas at a property that we rented over a year ago. The landlord informed us before moving in that the gas was disconnected and there wasn't even a line running into the house, it just goes to outside the house.
When we moved out we received many letters telling us we need to pay for the standing charge even though gas doesn't run into the house, we also never signed an agreement with them we didn't even have the rest of our bills with them.

Any advice on what we should do would be great, as at the moment we just ignore the letters but would rather be rid of this debt we shouldn't actually have...

Thanks

Rosie

Lisi299

Ring them and let them know so they can investigate, they may not know. If gas was arranged and then stopped they may not have been advised.

They may clear and stop any further credit rating damage if you ignore it will just get worse.

nPower

RosieVictoria wrote: »

So basically npower has got debt collectors hounding us for £140 for gas at a property that we rented over a year ago. The landlord informed us before moving in that the gas was disconnected and there wasn't even a line running into the house, it just goes to outside the house.
When we moved out we received many letters telling us we need to pay for the standing charge even though gas doesn't run into the house, we also never signed an agreement with them we didn't even have the rest of our bills with them.

Any advice on what we should do would be great, as at the moment we just ignore the letters but would rather be rid of this debt we shouldn't actually have...

Thanks

Rosie

Hi RosieVictoria,

Thank you for posting, I'm sorry to hear you're unhappy with the correspondence you've received. I will be happy to take a look at this if you would like to send me an email (using the address from my profile) with your account details.

Thanks

Vicky

molerat

Just write to them and state that from when you took over the property no gas was consumed therefore no deemed contract exists so nothing to pay.

dogshome

Typically of the industry, N'power imposed a 'Deemed' contact from the date the OP moved in.


However, Ofgem the regulators opinion is that until some energy or gas is used, a deemed contract does not exist.


The reason for this Sitting-on-the-Fence attitude is that the law on deemed contracts is ancient and complex, and usually decided on a case by case basis in a court of law.
In the meanwhile the industry uses the sledgehammer tactics of Bailiffs and debt to get money for services they are not providing.


It's about time Ofgem stepped down from their mountain and took on these complaints directly.

C_Mababejive

When you speak to them,try to find out what date the meter was removed. If your lucky,there may be a label in the box stating same.

RosieVictoria

The thing is they already know we haven't used any gas, that isn't what they're trying to charge us for, they are charging us for the standing charge for having a gas line run to outside of the house, no gas is in the house. My partner has already said this to them when we lived at the property, he also said we never opened a contract with them but they kept insisting that we owe them money still, this is why we refused to contact them since we left that property. We were at that property for a year and it was a student house when we were at university. They keep sending us letters to new addresses and we don't know what to do as we just ignore it right now as we don't want them to know we are receiving the letters. We refuse to pay anything because we literally would be paying for something we never used which is ridiculous.

Ectophile

Have you raised a formal complaint with them yet? Just talking to customer services may get you nowhere. If you raise a complaint, then they must investigate. If you don't like their answer, then you can go to the ombudsman.


Just ignoring it may result in a county court summons. Of course, you could win the case in the county court, but it's a lot of hassle over something that could have been sorted in other ways.


FYI, deemed contracts are set out in Schedule 2B of the Gas Act https://www.legislation.gov.uk/ukpga/1995/45 and so apply whether or not you entered into a specific contract. So what matters is whether or not there actually was a supply, and whether or not you "took" a supply of gas - see Schedule 2B 8 (2) (a).

dogshome

OK
As already posted, 'Deemed' contracts are a complex area of Law.


However, Ofgem the industry regulator, have voiced the opinion that until a customer has actually used Elec/Gas, no deemed contract exists


You are refusing to pay these bills anyway, so why not write to n'power pointing out Ofgem's opinion, and advising that until n'power have actually obtained the a decision from the high court that this this deemed contract is valid, then you will continue to with hold payment


This really put's n'power between a rock and a hard place - If they go to court to seek judgement against you and this letter is produced, no local court is going to make a decision - Just make sure you attend any hearing

Gerry1

It seems that nPower are already on a sticky wicket because you have not asked for a gas supply nor have consumed any gas.

But was there a gas meter present or had the meter been removed or the supply sealed off? Or other words, if there was a meter, could you have opened the stopcock and used any gas? If not, there's no way that they can claim to have been providing any sort of service.

I'd be strongly inclined to send them a hefty invoice for the distress and inconvenience caused and the time wasted in having to complain. If they don't pay up, take them to the small claims court !

Ectophile

Gerry1 wrote: »

I'd be strongly inclined to send them a hefty invoice for the distress and inconvenience cause and the time wasted in having to complain. If they don't pay up, take them to the small claims court !

That would have very little chance of getting through the court. You can only sue somebody for actual measurable losses.