Bulb not seeing the light

D_P_Dance

My wife is being harassed by debt collectors on behalf of Bulb Energy but, she has never entered into contractual relations with them

The alleged debt is for energy supplied to one of my investment properties which we own jointly. It has been sold STC and has been unoccupied since mid December when my last tenant left.

When the rental started 15 months ago the supplier was SSE. However, without my knowledge or consent the tenant, against the terms of the AST, switched to Bulb.

I have informed Bulb by email and telephone telephone several times of the situation and asked them to send me a bill based of the meter reading supplied in mid December and any standing charges. They have failed to do so. However my wife has now received four letters foam the DCA and is becoming stressed about it.

I am sending them  an SAR in my wife's name and also a letter before County Court Action seeking compensation for stress and harassment. My wife is 75 and suffering  from Parkinson's Dementia.

My question is, how much should I be suing for, my guess is £100. but I know nothing of these matters.

Gerry1

Assuming that the tenant paid the bill, AFAIK you had no right to prevent them switching to the supplier of their choice.

You entered a Deemed Contract with Bulb when they moved out.  At that point you should have registered with Bulb and provided your payment details.

Send them today's meter reading and payment details if you haven't already done so and ask for a normal itemised invoice or a deadlock letter if for some very strange reason they are unwilling to do so.

Go to the Energy Ombudsman upon receipt of the deadlock letter or after eight eight weeks if they don't send one.

But there has to be more to it than this?  Are you perhaps disputing that you are a customer, or are you refusing to pay for the metered usage since December?

Xbigman

Unless there is some form of contractual obligation, such as a neighbourhood energy scheme, any tenant is free to choose their energy provider as long as they pay the bill directly. When they left the property the landlord (you) took over a deemed contract with the tenants supplier. Its them you must deal with. Start by getting the opening and current readings sorted out and set up a method of payment. Any terms in a tenancy agreement that state they can't change suppliers is void as it contradicts consumer law. 
https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/how-switch-energy-supplier-and-shop-better-deal/how-switch-energy-supplier-if-you-re-tenant#:~:text=Gas and electricity for tenants,should not unreasonably prevent this.

Darren

D_P_Dance

Assuming that the tenant paid the bill, AFAIK you had no right to prevent them switching to the supplier of their choice.

There is a clause in the AST which forbids it

Send them today's meter reading and payment details if you haven't already done so a

The meter reading today will be the same as the one I gave them in mid December

 Are you perhaps disputing that you are a customer, or are you refusing to pay for the metered usage since December?

Ther has been none.  What I am refusing to pay is an inaccurate estimated bill 

 Any terms in a tenancy agreement that state they can't change suppliers is void as it contradicts consumer law.

I very much doubt that, the tenant agreed to thee condition as part of the Agreement.  Can you point me to such law,  your link is inappropriate, it concerns landlords appointing suppliers, I am not doing that? 

I have been a landlord since 1977, probably signing over 100 STs, every recent one contains this clause, are you saying that letting agents are all wrong.  

Gerry1

D_P_Dance said:

Assuming that the tenant paid the bill, AFAIK you had no right to prevent them switching to the supplier of their choice.
There is a clause in the AST which forbids it

There may be, but it's unenforceable.  Your solicitor can't be much good if they didn't spot it.

D_P_Dance said:

Send them today's meter reading and payment details if you haven't already done so a

The meter reading today will be the same as the one I gave them in mid December

No frost protection, no burglar alarm, no security light?  Must be a top floor flat !

D_P_Dance said

 Any terms in a tenancy agreement that state they can't change suppliers is void as it contradicts consumer law.

I very much doubt that, the tenant agreed to thee condition as part of the Agreement.  Can you point me to such law?  

See @Xbigman's post at 3.43pm today.  Ofgem have given tenants the right to choose their energy supplier if they pay the bills directly rather than the landlord.

Robin9

Standing charges alone from mid Dec would be £20/25 - I'm surprised to see Bulb chasing for such a small amount.
Are you being chased for your tenants consumption ?

Hasbeen

D_P_Dance said:

Assuming that the tenant paid the bill, AFAIK you had no right to prevent them switching to the supplier of their choice.

There is a clause in the AST which forbids it.  Does not matter, it is not valid: Tenant can change at anytime

Send them today's meter reading and payment details if you haven't already done so a

The meter reading today will be the same as the one I gave them in mid December. So no usage at all, no boiler etc on standby no one checking property putting on lights etc

 Are you perhaps disputing that you are a customer, or are you refusing to pay for the metered usage since December?

Ther has been none.  What I am refusing to pay is an inaccurate estimated bill 
Then supply up to date readings, there will also be standing charges. Simples!

 Any terms in a tenancy agreement that state they can't change suppliers is void as it contradicts consumer law.

I very much doubt that, the tenant agreed to thee condition as part of the Agreement.  Can you point me to such law,  your link is inappropriate, it concerns landlords appointing suppliers, I am not doing that? 

It does not matter in the slightest what they agree to it is totally unenforceable., 

How to switch energy supplier if you’re a tenant | Ofgem

Under consumer protection law, if you are a renting a property and are directly responsible for paying the gas and/or electricity bills, you have the right to choose your own energy supplier. Your landlord or letting agent should not unreasonably prevent this. 

I have been a landlord since 1977, probably signing over 100 STs, every recent one contains this clause, are you saying that letting agents are all wrong.  See above they are wrong!

You are a landlord? Since 1977? You should know better?  

  

As above? Your wife did put the energy in her name mid December?

Did the "owners"  supply readings at that time?

Supply up to date meter readings now with payment details ask for a detailed invoice and pay your joint bills.

If they do not comply ask for a deadlock letter then report this to the Energy Ombudsman.

In my opinion: You will get nowhere suing anyone.

Robin9

How much is Bulb chasing your for ?
Your tenants may have done you a favour   -  you may owe Bulb but that may well  be less than SSE.

D_P_Dance

We seems to be in some disagreement about the switching.  The AST explicitly forbids it  without the permission of the landlord .  The landlord must not  unreasonably withhold it.  Therefore It appears that the tenant cannot switch without seeking the landlords permission.  If the tenant wishes to switch all they need do is ask the landlord.  My tenant did not do so.  . 

My wife has had no contact with Bulb

You are a landlord? Since 1977? You should know better?  

No what better? 

 Your solicitor can't be much good if they didn't spot it

Solicitors do not usually becone involved in residential letting.

How many times do I have to say this, the reading taken in mid December is still up to date.  I have told the company this several times.  t still my wife gets duns.  

But none of this is the issue.  I am thinking of taking Bulb to court for the harassment and stress my wife has suffered at the hands of Bulb and their  agents.    My question is for how much?..  Is £100 achievable? 

 IMO you will get nowhere suing anyone.

I am no stranger to the small claims court  where I have prevailed six  times, with no losses.  The most recent being last month against a company selling properties in Spain.  In 2018 I took a house seller to court for misrepresentation and won my claim for  £1000

https://forums.moneysavingexpert.com/discussion/5735775/matrimonial-home-rights-order#latest

Gerry1

Why don't you just send a meter reading, pay Bulb what you obviously owe them in standing charges and start a switch to another supplier?  That should automatically trigger a final bill.

Then you have the moral high ground if they harass you and / or try to stop you switching.

rp1974

OP do you really expect electricity consumption since the middle of December until now to be zero?.
Have you considered that standing charges,if applicable are still also accruing as time progresses.
Setting aside the allowing/disallowing switch issue,no matter who the supplier is this would still be the case.

Only thing that I think that might help any is following Bulbs complaints process,in writing not email or phone calls as that seems not to be getting you anywhere,if unsatisfied escalate further by requesting a deadlock letter,and finally reference to the Ombudsman if appropriate.

As for court,thats maybe where this will end up and if so will stand you in good stead by having followed procedures instead of demanding xyz amount of compensation,good luck.