British Gas Threatening Legal Action - Note The Property Used No Energy From British Gas Whatsoever

Xbigman

When you move into a property deemed contracts are formed with whoever the existing supplier's are for gas and electric. The deemed contract is formed when you use any electric or gas. Electric is used all the time even if in tiny amounts so the deemed contract for electric is always assumed to exist. Gas is treated slightly differently in that its legally possible not to form a deemed contract. This is exactly the situation you are in. BG have put your name on the gas supply as well as the electric because you registered the electric in your name. Most of the time this is fine. In  your case it is not. Follow the procedure I outlined above.

Who is responsible for paying is not something you should get involved with. The only relevant fact is that you are not. If BG request details of previous occupants or the Landlords address tell them that it is not your concern.


Darren

Eldi_Dos

Starting a complaint and if it is not resolved in eight weeks going forward to the Ombudsman is the way to go and hopefully you will get a goodwill payment at the end of it. Unfortunately you will still have to deal with the legal letter and any further ones in the timescale they mention, do not be tempted to ignore them because you have started a complaint.

Ectophile

For anyone who wants to read the actual Gas Act, Schedule 2B is relevant: https://www.legislation.gov.uk/ukpga/1986/44/schedule/2B

Section 8 says

Where a gas supplier supplies gas to a consumer otherwise than in pursuance of a contract, the supplier shall be deemed to have contracted with the consumer for the supply of gas as from the time ( “the relevant time ”) when he began so to supply gas to the consumer.

Buckbeaky

Thanks for all the help folks. I responded to the letter from the legal firm today and received a confirmation by email that the matter is no on hold whilst they review my correspondence. I also initiated a complaint with BG this morning and have emailed the letting agent to let them know the steps I've taken, although they still won't answer my phone calls.

SAC2334

OFGEM have agreed to Deemed Contracts for both gas and electric.
. They say it would be too inefficient in the energy market if every time a property became empty they had to send someone out to remove meters and cap supply .

On the OFGEM website their is a huge watermarked word diagonally across the statement about deemed contracts for both gas and electric which says AGREED.. OP you are completely wasting your time arguing .Pay the daily charge you owe and move on and don't take any notice of anyone on here about deemed contracts who maintain you should not be paying standing charges..check it yourself 

Allowing any new occupiers to just simply declare that they are not going to use gas is a massive thieves  charter .They will love it , enough are already doing it simply by switching meters and removing any cap in place .Not only would they get  free unregisted gas for years they would get no standing charges as well .Some of you people on here dishing out advice do not live in the real world .

Ectophile

SAC2334 said:

OFGEM have agreed to Deemed Contracts for both gas and electric.
. They say it would be too inefficient in the energy market if every time a property became empty they had to send someone out to remove meters and cap supply .

On the OFGEM website their is a huge watermarked word diagonally across the statement about deemed contracts for both gas and electric which says AGREED.. OP you are completely wasting your time arguing .Pay the daily charge you owe and move on and don't take any notice of anyone on here about deemed contracts who maintain you should not be paying standing charges..check it yourself 

It doesn't matter whether Ofgem agree to it or not.  The rules are written into law.  Unfortunately, the wording of that law is ambiguous.  Ofgem seem to consider than you aren't a deemed customer until you actually use some gas or electricity. https://www.ofgem.gov.uk/sites/default/files/2021-08/Statement%20on%20Deemed%20Contracts.pdf

This has been discussed before in this forum.  So far, nobody has found any legal precedent that clarifies the situation.

SAC2334

Ectophile said:

SAC2334 said:

OFGEM have agreed to Deemed Contracts for both gas and electric.
. They say it would be too inefficient in the energy market if every time a property became empty they had to send someone out to remove meters and cap supply .

On the OFGEM website their is a huge watermarked word diagonally across the statement about deemed contracts for both gas and electric which says AGREED.. OP you are completely wasting your time arguing .Pay the daily charge you owe and move on and don't take any notice of anyone on here about deemed contracts who maintain you should not be paying standing charges..check it yourself 

It doesn't matter whether Ofgem agree to it or not.  The rules are written into law.  Unfortunately, the wording of that law is ambiguous.  Ofgem seem to consider than you aren't a deemed customer until you actually use some gas or electricity. https://www.ofgem.gov.uk/sites/default/files/2021-08/Statement%20on%20Deemed%20Contracts.pdf

This has been discussed before in this forum.  So far, nobody has found any legal precedent that clarifies the situation.

That's from years ago and out of date..it's dated 2010 .

Ectophile

SAC2334 said:

Ectophile said:

SAC2334 said:

OFGEM have agreed to Deemed Contracts for both gas and electric.
. They say it would be too inefficient in the energy market if every time a property became empty they had to send someone out to remove meters and cap supply .

On the OFGEM website their is a huge watermarked word diagonally across the statement about deemed contracts for both gas and electric which says AGREED.. OP you are completely wasting your time arguing .Pay the daily charge you owe and move on and don't take any notice of anyone on here about deemed contracts who maintain you should not be paying standing charges..check it yourself 

It doesn't matter whether Ofgem agree to it or not.  The rules are written into law.  Unfortunately, the wording of that law is ambiguous.  Ofgem seem to consider than you aren't a deemed customer until you actually use some gas or electricity. https://www.ofgem.gov.uk/sites/default/files/2021-08/Statement%20on%20Deemed%20Contracts.pdf

This has been discussed before in this forum.  So far, nobody has found any legal precedent that clarifies the situation.

That's from years ago and out of date..it's dated 2010 .

So do you have something more up-to-date, and is it anything more than someone's opinion?

Until a case gets appealed up to a high court, it's all one opinion against another.

From previous posts on this forum, it seems that at least some energy companies will waive (or refund) standing charges to someone who never actually uses an energy supply.