Backdated bills

cinderellasuzie

Hi, every year for the last 7 years I have sent our electric meter readings for our static holiday van to the site owner with a request for a bill. 

The meter is on the outside of the van so the site owner has 24/7 access to the readings themselves. 

We have still not received any bills.  Anyone know how far back the site can go to charge us for electric. I am very reluctant to send any payments without a bill as we never get any receipts from them. 

QrizB

Six years, as I understand it.

Five years in Scotland.

Scot_39

The simple answer is most of your 7 years of potential debt is likely still in play - and actionable by court - so id keep money aside in case if possible.

But the rules as someone who only had limitted exposure when a sibling ended up in trouble many years ago after a messy divorce - can be  complex.


The 6 year rule in England etc only applies to certain debt - so called "simple contract debt" and critically that is only tge limit  for it to become "statute barred" - so no longer directly recoverable by court action / court order.

It isnt universal, and neither should you regard advice on normal domestic bills direct with a supllier as being the same as your situation.  As your debt is potentially going to be with the holder of your lease it might be legally linked and so more complicated.

You need to take advice on this.  At least talk to a debt charity or citizens advice.

https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/dealing-with-your-debts/check-if-you-have-to-pay-a-debt/

And as per 

https://nationaldebtline.org/get-information/summaries/statute-barred-debts-ew/

It only stops court action it doesn't invalidate the debt -  it still exists - it just stops the courts enforcing it.

And although not applicable to your situation - their are many exemptions to it - mortgages, some benefits, taxes etc - so I'd check carefully before thinking can simply ignore any demands from certain sources after the 6 years.

And as per above link - some forms of contact with creditors may reset the period in any case - payments on accounts, letters etc.
Again from national debtline site
"The limitation period may be reset and start again if you do certain things. For example, this might include sending a letter which says you owe the debt or making a payment. "

Submitting readings by letter etc may have done so.

And the lease will likely have a condition on the payment, potentially regardless of when served.  And if you dont pay when demanded you might find in breach of it - so could open yourself to other difficulties.

I'd be tempted to contact one or both of these agencies or a suitable alternative.



And its 6 or 5 relative to actionable date - the point at which a supplier could take legal action. So if contract was for payment in arrears say 3m or 6m with a month to pay on receipt of bill as per old standard credit terms - it could be longer than 6 years. 

If say were on annual billing arrears (the frequency youve been sending readings so might be related) as per lease agreement  - the full 7 years might still be in play even under "simple contract debt".

But at least 6 plus in England of the 7 is likely still court recoverable.

Unless your lease or energy agreement says otherwise (commercial business contracts often include shorter periods of notice of recovery - particularly on secondary costs - like delays or agreed modifications to specifications).

There is a debt free wannabe section that might be of interest in the forum.

It has or had representatives of at least one national debt charity  - stepchange -  responding to a thread - so you might want to post there or have this one moved there.

https://forums.moneysavingexpert.com/categories/debt-free-wannabe

Although some experienced advisors might see here anyway.

Qyburn

QrizB said:

Six years, as I understand it.

Five years in Scotland.

Those limitations start from when the bill falls due for payment, but is not paid. For example let's say it was billed annually in arrears, allowing 30 days for payment then it would extend back to energy used over seven years ago.