Utility Point: Late final bill (5 months later)

midimuso

Just to briefly ask that if the final bill comes in from our bankrupted former supplier (Utility Point) some 5 months later after we were swapped to EDF ( we got it last week), is that legal/conformant to OFGEM rules?

Martin has supplied advice ( I cannot post link here just yet, it is on this site) and that seems clear, but is that a rule only for former suppliers who are still in business maybe? Not out of business, such as UP?

All the best, thank you.

Midi

MWT

midimuso said:

Martin has supplied advice ( I cannot post link here just yet, it is on this site) and that seems clear, but is that a rule only for former suppliers who are still in business maybe? Not out of business, such as UP?

The rules do not apply to failed suppliers as they are no longer bound by the Standard Licence Conditions.

midimuso

Thank you, that answers this I suppose. 
It makes me wonder, though,  that if they are not bound by SLC's, then they have no right to enforce the debit placed upon us as they are outside the SLC's? Sorry to labour that, but if (for example) they are operating on a 'no rules' basis, then so how can they be enforceable other than through 'Gentleman's agreements'?

MWT

Nice try, but no, the debt is real and does not itself depend on the SLC, the debt is owed under the contract terms you agreed to with them and survives the termination of the contract.

midimuso

I'm happy  to pay, it is not a massive amount. But it does irk me that there will be those who cannot, an dyet 6 months or so later are forced to pay, based on a no-existent company who wishes to enforce an agreement/contract that no longer stands in law etc.

Thank you for clarifying this matter, I really do appreciate your advice and time.

Midi

MWT

midimuso said:

..., based on a no-existent company who wishes to enforce an agreement/contract that no longer stands in law etc.

The company does exist, and the contract is still legally enforceable...

I doubt it helps much to know that but it is true.

A company that goes into administration is still in existence until such time as the administrators either sell it or if there is no other option they will liquidate it at which point it will cease to exist.

The debts owed to the company are still legally collectable under the original contract.

It is very common to have a number of obligations survive the termination of a contract and remain legally enforcible, the most common of which is the obligation to pay amounts owed under the contract.

So the legal position of the debt is unchanged.