Back Billing for Energy Bills

Gibbo_CCC

I’ve recently received a letter from a debt collection agency on behalf of an Energy Company looking for around £1300 from a property I previously rented a room. I was under the impression that all bills were squared which was not the case. The Energy company, who is Octopus, explained that they have emailed someone who also lived there at the same time on several occasions between October and May trying to get payment for the bill but none of myself or any others were contacted and no reply to the emails was ever recieved. The bill relates to November 2018 to July 2019, I understand back billing laws exist if you haven’t been contacted with a correct bill for anything over 12 months but I wondered if since someone has been contacted but not me personally does that mean I’m not eligible under that law? 

MWT

Back-billing covers situations where the energy company is trying to correct a mistake, it doesn't protect you from failure to pay the bills.

Can we assume that although you were living at the address, your name was not actually on the energy account?

Gibbo_CCC

My name was on the account but I’m unsure how, I never signed anything with the company but they’ve said I am on it. By signing a tenancy agreement though I believe I’m responsible for the payment regardless of if my name is on the account though 

MWT

Yes, they may now have your name listed on the account as they have identified you as part of the group that were 'jointly and severally' liable even though you were not originally named on the account.

Are you still in touch with any of the others? Would be worth contacting them if you can...

Cardew

Firstly nobody signs for a utility account these days.

Secondly the 12 month back-billing provision is when the company are at fault for not producing a correct bill for 12 months; not when the occupants have avoided payment.

Unfortunately, as said above, all occupants are jointly and severally liable for the bill. Do not try and reason with the Debt Collection Agency(DCA) they are simply not interested in the merits of your situation; they just want the money.

Assuming the bill is valid, and you decide to pay, you need to contact the other occupants for their contribution. If they won't pay take them to the Small Claims court.