Back billing after marriage split

System

This discussion was created from comments split from: Back billing - can I claim back?.

Thunderbird109

My niece left her husband several years ago. Just after she moved out she had major surgery a few weeks later, which went wrong and she is still suffering from it, is on a lot of pain killers including morphine and hasn’t been managing her money and bills correctly. She hadn’t realised her husband hadn’t moved energy bills over to himself in the home she left. Bills had been going to her old house so she didn’t realise the costs were going up. She had racked up £8000 in back energy bills which she didn’t know about until bailiffs turned up at her door. They told her the number to ring organising paying back the bills. Her ex husband has since moved out of the property. He won’t help her. I’ve not seen her bank statements going back yet to see if she was getting bills on there. She’s come to an agreement to pay bills off. Does she have to pay the bills from years ago? I read she doesn’t have to. What does she need to do? Contact ombudsman?

Gerry1

It's a sad case but unfortunately I think she'll have to pay.

It's not the energy company's fault that she's fallen out with her husband, they've supplied the energy to the property and it would be unfair to expect other customers to pay for it.

Might be worth her contacting Citizens Advice to see what she can do to reclaim the amount from her husband.

QrizB

Thunderbird109 said:

My niece left her husband several years ago.

Even though the bills are in her name, I think her husband is jointly liable as he was resident there at the time (a bit like the case of a student house where the bills are in one student's name but the energy supplier can pursue the other tenants if the bill-holder drops off the face of the earth).

She might be able to grass her ex-husband up share her ex-husband's details with the supplier and persuade them to go after him, too.

Thunderbird109 said:

Her ex husband has since moved out of the property. He won’t help her. I’ve not seen her bank statements going back yet to see if she was getting bills on there.

Are they now divorced? Have they reached a financial settlement?

Thunderbird109 said:

Does she have to pay the bills from years ago? I read she doesn’t have to. What does she need to do? Contact ombudsman?

Back-billing applies where the supplier hasn't issued a bill for the energy. From the sounds of it, the energy company was sending bills but your niece wasn't receiving them - presumably they were being delivered to the marital home, where the ex-husband ignored them.
The energy supplier should be able to put her on a repayment plan, consistent with what she can afford.

Scot_39

What is morally right (the ex should pay IMO) - and what the law allows - are not sadly always one and the same.

 

Given your concerns over the physical and possible emotional / mental pressures involved here - both at time of split - and post operation / under threat of debt proceedings etc 

I would say you need to help her seek specific advice from a debt / help charity - I would start with say Citizens advice - on several things here

- her liability for the debt 

(I fear if she didn't cancel contract - e.g. by asking for a final bill in her name - the supplier really cannot be blamed for potential inaction of her ex - but arguably there may be legitimate questions to be asked about how long they took to respond to any non payments if several years. Why did they wait until debt hit £8,000 - known suppliers chase just 1 missing bill aggressively.)

- the suitability of the debt repayment plan - I hope she took proper advice as to all possible options before agreeing to any financial demands

- the ability to pursue her ex through the courts to recover funds - 100% after split ideally.

Orinclude these bills in divorce settlement if not finalised before aware.

Assuming the supplier issued bills to the old address as you seem to think - backbilling - in terms of Ofgem 12m rules - likely to be a non issue.

As to whether there is anything to be done about the ex potentially not forwarding (assuming it was safe that would be trusted with those details) or returning mail received in her name  ? 

https://www.postoffice.co.uk/mail/wrongly-delivered

Thats advice - anyone know if not following it means any actual law's broken by ex ?