British Gas / BW Legal, Gas standing charges.

bloodyccbc

I have a situation whereby BW Legal are chasing for monies owed to a British Gas account which goes back over 6 years. 

I became a tenant to a property in 2014 and inherited a gas supply/account/meter in the property, however, I have never used gas (told British Gas this) but apparently whilst a meter is on site then the tenant will still be liable to pay standing charges. 

The last of the letters I had from British Gas were circa June 2017. Since then I do admit that I have avoided all correspondence from any debt recovery companies in anticipation they would just go away - however, do they ever. Yet these letters look so generic I purposely choose not to arise to the somewhat unprofessional demands. Although right now I have in front of me a letter dated 8th June 2023 a "letter of claim" (30 day notice) form.

BW legal have traced me to 3 separate properties I am linked to and also an email address although one thing I will add is they only have a shortened version of my name with a different initial also. Am I clutching at straws by thinking they have nothing concrete to go at me for or should I make contact and accept their "previous offer" of 35% less than the current balance.

I have read a little about the Statute Barred rule but I am not sure which date to record 6 years from, if its the last date I could have possibly spoken to British Gas then it has certainly been longer than that. I have never spoken to (nor acknowledged) any debt recovery companies. 

Thanks for reading and comments would be appreciated.

Qyburn

bloodyccbc said:

I have read a little about the Statute Barred rule but I am not sure which date to record 6 years from, if its the last date I could have possibly spoken to British Gas then it has certainly been longer than that. I have never spoken to (nor acknowledged) any debt recovery companies. 

I would have thought it would start not quite from when you left the property, but from the date the final bill was due for payment.

bloodyccbc

@Qyburn, Yeah it’s a tough one, I’m actually still in the property, still with a gas meter but we’re with a supplier now which have no standing charges but higher than average usage charges, as we’re not using it though it doesn’t matter. 

It’s a tough call what to do, I really don’t want a CCJ! 

The last bill I can find from British Gas is June 2017… don’t recall receiving any demands after then. Only the debt chasers. 

doodling

Hi,

If you have not used any gas (at all, not even the tiniest bit) from when you moved in until when the new supplier took over then it may be possible that you have no contract with British Gas for the supply of gas and therefore don't owe them anything.

[ The deemed contract for gas when you move in only applies when you take a supply of gas - I would interpret the use of the word "take" in the Gas Act to mean that some use of the supply has to have occurred.  Happy to be corrected. ]

Given how unusual it would be not to use any gas, you would need to have some good evidence to convince a judge - what evidence do you have?

bloodyccbc

Hi @doodling, thank you for your comment. Absolutely zero gas has run through the meter since I took the tenancy on the building (I’ll just add that this is a commercial building)

The only proof I could think of would be to obtain the last actual meter reading from British Gas and compare that to what it’s on now. It will be exactly the same. 

I like the idea of what you said re. The contract. This would be a great trump
card to use if we could.

At no point have I ever knowingly entered in to a contract with British Gas. It was certainly more a case of inheritance when moving in to the building. And with not needing the gas I was never going to (and didn’t) make contact with British Gas to secure an unnecessary deal. 

Do you think I should look into the contract situation further? 

Qyburn

Do you think I should look into the contract situation further? 

I do. 

Regarding the SB timing, when did you switch to the current supplier?  I think you could argue a start date from there - final bill should have been raised within six weeks, due for payment in say a month then the SB clock starts running.

What I think I might do is reply to their pre-action letter at the last minute, saying you did not enter into any explicit contract with BG, and since no gas was used no implied catract can have arisen.

From one of the guidance documents, but worth checking the underlying legislation as well ..

"1.3. A deemed contract relationship will normally exist in circumstances where any type of customer moves in to new premises, and starts to consume gas and/or electricity, without agreeing a contract with a supplier. However, a deemed contract relationship may also arise in some circumstances where an existing contract comes to an end and the customer continues to consume gas and/or electricity."

[Deleted User]

The OP uses the word’ commercial’: is this a business energy contract which is in dispute?

bloodyccbc

Hi @Qyburn,

I’ve just searched my emails and can’t go back further than 2017 for the new supplier. I shall make contact today to find out when our contract actually started. 

I am hopeful we may have a couple of approaches to this now.

That seems a strong case, with the Gas never being consumed, how could a contract have started.

As I write I’m actually trying to think back over the years and I’m sure I have had something similar at other properties, and once contact is made to the supplier to notify of no gas consumption and therefor no charges should be applied - I’m almost certain the have wiped off any previous bills… quite possibly because they have to, because no contract is in place with the tenant. 

I’ll go rooting through the filing cabinet to hopefully confirm this event. 

bloodyccbc

Hi @[Deleted User]

yes this is a commercial property.

so yes, business energy.  

QrizB

For what it's worth (which isn't much), I'd be inclined to send them a "prove it" letter. Ask them to provide their evidence that you owe anything, without admitting any liability.

You'll find a template over on the Debt boards.

bloodyccbc

Hi @qrizb,

I will take a look on the debt board for a template. Thanks.

Not sure if I should have done or not but I've been in contact with Citizens Advice today. 

They said this is a complex situation and they will hand it over to the extra help team, should hear something back within a few days, apparently they will make contact with British Gas.