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E.ON - now making everyone in the household liable to pay the bill! Is this legal?

gbhxu
gbhxu Posts: 431 Forumite
Part of the Furniture 100 Posts Photogenic Name Dropper
As the title says, as of April 1st, anyone in the household, not just the named person on the bill, is liable for paying the bill.
This is the change in T & Cs

All occupants of a property are now responsible for paying bills, not just the individuals named on an account.

Is this legal under contract law?

I can see it now. I ring up E.ON and because I'm not the named person on the bill, E.ON won't talk to me about it stating GDPR.
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Comments

  • Cardew
    Cardew Posts: 29,063 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Rampant Recycler
    edited 8 March 2020 at 9:18AM
    I believe that has always been the case for utility bills - google 'jointly and severally liable'.
    There have been many cases on MSE - particulary with student households - where the utility bills were in the name of one individual who defaulted and other occupants were traced and were chased for the whole amount.

  • DawnCrush
    DawnCrush Posts: 220 Forumite
    100 Posts Name Dropper
    gbhxu said:
    As the title says, as of April 1st, anyone in the household, not just the named person on the bill, is liable for paying the bill.
    This is the change in T & Cs

    All occupants of a property are now responsible for paying bills, not just the individuals named on an account.

    Is this legal under contract law?

    I can see it now. I ring up E.ON and because I'm not the named person on the bill, E.ON won't talk to me about it stating GDPR.
    https://www.citizensadvice.org.uk/consumer/energy/energy-supply/problems-with-your-energy-bill/find-out-if-youre-responsible-for-paying-an-energy-bill/

    It doesn’t matter if you’re not named on the bill - you’re still responsible for paying for any energy you used while you lived at a property.

    However, you must have been ‘legally responsible’ for the property - ie your name was on a tenancy agreement or other legal contract. If it wasn’t, a supplier can’t prove you lived at the property.


  • Fyne
    Fyne Posts: 52 Forumite
    Third Anniversary 10 Posts Name Dropper
    Perhaps they should allow accounts in joint names if they are changing T&Cs
  • Gerry1
    Gerry1 Posts: 10,848 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Does the OP have a link to the new Ts &Cs?
  • Cardew
    Cardew Posts: 29,063 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Rampant Recycler
    DawnCrush said:
    gbhxu said:
    As the title says, as of April 1st, anyone in the household, not just the named person on the bill, is liable for paying the bill.
    This is the change in T & Cs

    All occupants of a property are now responsible for paying bills, not just the individuals named on an account.

    Is this legal under contract law?

    I can see it now. I ring up E.ON and because I'm not the named person on the bill, E.ON won't talk to me about it stating GDPR.
    https://www.citizensadvice.org.uk/consumer/energy/energy-supply/problems-with-your-energy-bill/find-out-if-youre-responsible-for-paying-an-energy-bill/

    It doesn’t matter if you’re not named on the bill - you’re still responsible for paying for any energy you used while you lived at a property.

    However, you must have been ‘legally responsible’ for the property - ie your name was on a tenancy agreement or other legal contract. If it wasn’t, a supplier can’t prove you lived at the property.


    I don't think it is a 'change in T&Cs' but clarification of the legal position.
    'If it wasn’t, a supplier can’t prove you lived at the property.'
    I appreciate that advice is from the Citizen's Advice website, but it is quite clearly incorrect. There are many ways the Utility company can prove you lived at the address, e.g statement from the landlord or fellow occupants, using the address for bank/university. Or if  taken to court  being required to state, on oath, if you lived at the address.


  • DawnCrush
    DawnCrush Posts: 220 Forumite
    100 Posts Name Dropper
    edited 8 March 2020 at 12:00PM
    Cardew said:
    DawnCrush said:
    gbhxu said:
    As the title says, as of April 1st, anyone in the household, not just the named person on the bill, is liable for paying the bill.
    This is the change in T & Cs

    All occupants of a property are now responsible for paying bills, not just the individuals named on an account.

    Is this legal under contract law?

    I can see it now. I ring up E.ON and because I'm not the named person on the bill, E.ON won't talk to me about it stating GDPR.
    https://www.citizensadvice.org.uk/consumer/energy/energy-supply/problems-with-your-energy-bill/find-out-if-youre-responsible-for-paying-an-energy-bill/

    It doesn’t matter if you’re not named on the bill - you’re still responsible for paying for any energy you used while you lived at a property.

    However, you must have been ‘legally responsible’ for the property - ie your name was on a tenancy agreement or other legal contract. If it wasn’t, a supplier can’t prove you lived at the property.


    I don't think it is a 'change in T&Cs' but clarification of the legal position.
    I agree with Nick Cardew
    I'm sorry if my post implied otherwise; that was certainly not my intention (and I can't really see even now how I may have done.)
    But it was the OP that asserts this to be  a "change in T & Cs"


    'If it wasn’t, a supplier can’t prove you lived at the property.'
    I appreciate that advice is from the Citizen's Advice website, but it is quite clearly incorrect. There are many ways the Utility company can prove you lived at the address, e.g statement from the landlord or fellow occupants, using the address for bank/university. Or if  taken to court  being required to state, on oath, if you lived at the address.

    Again, I agree with you; this was indeed a quote taken directly from Citizens Advice, hence the URL.

    I dont necessarily agree that the the advice is incorrect.

    e.g. if I was an unscrupulous landlord who didn't want to pay the energy bill of an untenanted property, according to you I could just write a letter staing that Cardew lived there at the time, and then you would be legally responsible for paying my bill? I don't think so.

    Similarly, if I agreed to simply allow someone to use my address for their postal communications (e.g.perhaps because they are sofa surfing as their parents have kicked them out) , it would be no evidence that that ever lived at my address, so would not be responsible for paying my utility bills.

    But I am not part of Citizens Advice.
    I suggest you contact Citizens Advice directly if you believe the information to be incorrect, and post here again if you manage to convince them it is incorrect and make them change that advice.
    there's nothing I can do about it, sorry.

    Until then, I will always take the advice of an official and well respected site such as Citizens Advice, over any opinions posted annonamously on any internet forum.
    Hence why I posted it.

    It is entirely up to equally annonymous users reading this thread which advice they prefer to take.




  • Cardew
    Cardew Posts: 29,063 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Rampant Recycler
    'But it was the OP that asserts this to be  a "change in T & Cs"
    Yes I was commenting on the OP's assertion; sorry if there was any confusion.

    e.g. if I was an unscrupulous landlord who didn't want to pay the energy bill of an untenanted property, according to you I could just write a letter staing that Cardew lived there at the time, and then you would be legally responsible for paying my bill? I don't think so.
    Whoa. I was disputing the statement by Citizens Advice that 'you couldn't be traced'. I haven't implied anything about being legally responsible. There is an industry i.e. Debt Collection Agencies(DCA) who specialise in tracing occupants of properties.  There must be scores of posts on MSE by lodgers/house share/students who have found themselves traced(and targeted) by DCA a long while after moving out. They were not on any letting agreement as they moved in after the original tenants.
     

  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 8 March 2020 at 7:46PM
    People can "target, or chase " using debt collectors as much as they want.Obtaining the money off them is a different matter. I was targeted many times for a private car parking company for £155...good luck to them in getting a penny out of me, they have given up after selling the debt on to three different chancers having a go.....The same will apply to a supplier "chancing their arm " in obtaining money off someone not named on the account..Prove it in the small claims court with your expensive solicitor will be the response and the suppliers ( or who they have sold the debt to )  will drop it .. They can t even collect back money off most private people fiddling the meters, a criminal action , so  little chance on "chasing " a couple of students or a partner, or son and daughter over 18.. Eons bluster means nothing unless they expressly make it a condition to have everyone over 18  living in the property named on the account .
    ..
  • gbhxu
    gbhxu Posts: 431 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    edited 8 March 2020 at 8:35PM
    Here is a scan of the change in T&Cs
    The top line says it all.
  • Cardew
    Cardew Posts: 29,063 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Rampant Recycler
    gbhxu said:
    Here is a scan of the change in T&Cs
    The top line says it all.

    Agreed, but it is just clarification of the situation that has been the law - under the jointly and severally liable provision - for many years. i.e. it is not a change to contract law as you queried in your OP.

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