Buyer solicitor no application to Land Registry after 12 months-received debt collection letter

Cinust56

Hi, I sold leasehold property May 2021 by auction. Buyer mentioned was intending to let it out to tenants. Received a letter from a debt collection agency last week at my new address re unpaid electricity bill in my name for a period which begins after property completed. Paid £3 online to check Land Registry title plan and it still shows my name as the owner. Land registry say no application received from buyer's solicitor even after 12 months!! Asked my solicitor last week to contact buyer's solicitor to submit application ASAP. At time of sale last year both solicitors were slow to reply to queries, made errors etc. 

Please can anyone advise:

1) Do electricity suppliers use Land Registry details to check who owns properties?

2) The account number for the electricity account is different from the one I had which I closed before selling- so pretty sure it's not my error and has been set up fraudulently. How can I find out if this was set up by the new owner/tenants/or electricity supplier themselves? 

3) The buyer's solicitor won't talk to me over the phone as I'm not their client. How can I ask them to do an application to Land Registry if my solicitor is slow in helping me? Should I write to Law Ombudsmen?

4) How can I find out if other fraudulent utility account have been set up in my name? 

5) What is the freeholder's role in updating Land Registry. At the time of sale they were also causing many problems with errors in paperwork, delays etc

I'm getting quite concerned that I will end up paying for this utility bill as well as my new address electricity too, can't afford to pay both as the prices gone up so much. Would be really grateful if anyone can help as I'm having sleepless nights over it and really don't know what to do.

Thank you very much 

m0bov

I don't think the LR is anything to do with the electric. Did you send in final readings? Have you spoken to the electric supplier?

Petriix

Looks like two unrelated issues. It's unlikely to be a fraudulent account in your name; there are a number of other (more plausible) scenarios. 

Most likely is that there was a small debt on the final account for which they were unable to contact you so passed it on to debt collectors. Otherwise an administrative error where the account wasn't closed properly. Contact the supplier to find out, and don't start by claiming fraud.

Ultimately you cannot be held liable for utilities after you moved out and no longer had any responsibility for the property.

user1977

If you're not happy with the service from your own solicitor, you need to go through their own complaints process before you can complain to third parties about it.

diystarter7

Contact the solicitors and update them
Contact your energy provider for that property and confirm they had your final payments and closed your account
See what they have to say and take it from there.

Cinust56

Thanks..

-I sent in final readings to supplier shortly after property sale completion. Debt collection letter was about a new electricity account though with an account number which I have absolutely no record of but with same company.

-They confirmed back by email last year that I was requesting to close account when we moved out.

-I have sent them a letter last week by Royal Mail 'Signed For' delivery saying I think this new account has been set up fraudulently, and sent them their email which I printed out. they will probably want proof that I don't own property any more....

-Concerned that this may not be the only fraudulent utility account that's been set up.

Cinust56

...Obviously I don't want to go around accusing people of fraud if that is not the case though, and I sincerely hope that it isn't.

canaldumidi

Sell the property again.....?

Cinust56

canaldumidi said:

Sell the property again.....?

Would you be able to clarify what you mean please? Thanks

madteapot

Cinust56 said:

1) Do electricity suppliers use Land Registry details to check who owns properties?
No. Owning a property is not a requirement to have gas/electricity account in someone's name. Anybody can call up utility company and ask to open a new account in their name from certain date. In most cases they don't ask for ownership/tenancy proof; if you are setting up new account they are likely to run a credit check.

2) The account number for the electricity account is different from the one I had which I closed before selling- so pretty sure it's not my error and has been set up fraudulently. How can I find out if this was set up by the new owner/tenants/or electricity supplier themselves? 
There is a possibility that when you closed your account but the new owner/tenant didn't register new account the company setup a new account in previous occupier's name. This might be a mistake and generally shouldn't happen as the company will send letters addressed to the occupier to register or for payments. Since you received the letter on your name you can contact the utility company and inform that you are no longer responsible for the bills as you sold the property. They might ask for proof in which case you can supply them completion statement/letter from your solicitor. 

3) The buyer's solicitor won't talk to me over the phone as I'm not their client. How can I ask them to do an application to Land Registry if my solicitor is slow in helping me? Should I write to Law Ombudsmen?
Correct buyer's solicitor won't talk to you. You have contacted your solicitor now you wait and see if they respond in few days. If you don't receive any response they raise official complaint as outlined in the solicitors guidelines however I am not sure how much they can help if buyer's solicitor is the one being irresponsive. At most your solicitor can write a letter confirming that you as their client as sold the property and completion was done on certain date. 

4) How can I find out if other fraudulent utility account have been set up in my name? 
Check your credit reports; there are many free services online nowadays. this should show you all the active accounts and searches. 

5) What is the freeholder's role in updating Land Registry. At the time of sale they were also causing many problems with errors in paperwork, delays etc
Generally not relevant. Freeholder is no responsible for updating anyone that leasehold was sold. 

This is nothing to lose sleep over and you won't be made to pay for electricity of the house you sold. Just clarify and be sure that the bill isn't for the amount which was from the period you owned the property. energy companies can take long time to reconcile accounts and issue final bills etc. 

canaldumidi

Cinust56 said:

....... Paid £3 online to check Land Registry title plan and it still shows my name as the owner........

canaldumidi said:

Sell the property again.....?

Cinust56 said:

canaldumidi said:

Sell the property again.....?

Would you be able to clarify what you mean please? Thanks

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