LSCDR Debt Collectors Chasing Me For £75 From EDF But Is This Even My Debt?

DhwERbf689

Hey, so I bought a flat earlier this year and there was just over a month between me buying and actually moving in.

In my previous flat I was with Scottish Power and wanted to continue with them in my new place but they couldn't switch the gas and electricy over from the place I was moving out of to the new place until the date I was actually moving in apparently (I guess you can't have 2 active accounts at 2 addresses or something) so there was a month or so at my new place before I physically moved in where I didn't have any energy provider set up but as the house was empty and wouldn't be using power I didn't think anything of it.

When I moved into the new place there were a couple letters from EDF Energy but not addressed to me as I had no account with them (I forget if they were addressed to the previous owner or just the "Occupier" or similar - I think the later) so I didn't think anything of them, didn't even open them, and probably just chucked them in the bin.

On my actual move in date Scottish Power became my provider and I don't recall if any more letters from EDF arrived or not but they may have though again not addressed to me so I didn't open them at all.

Now a few months down the line I've had a letter from LCSDF debt collection agency addresses to the "The Legal Owner" (but not my name) saying they are chasing a £75 debt on behalf of EDF which as the legal owner of the property I "may" be responsible for it and the dates they mention are the official date of which I bought the place until a month later.

I'm unsure if I am responsible for this or not....

I never once had an account with EDF or asked them to supply energy to this property and any contract with them was via the previous owner or tenant. 

Yes, technically they were probably still supplying energy into the property after I bought for that month before I physically moved in but I didnt ask them to or agree any contract with them.

Plus the flat was empty that time so no energy (or close to zero) should have been being used which makes it hard for me to believe that an empty flat for a month ran up a £75 energy bill as my electricty bill isn't even that now that I live here, so I feel like some of that has to be a balance the previous owner / tenant didn't pay off surely?

So, what's the situation here...

Am I legally responsible for this £75 debt because I owned the place during the period and technically EDF were still supplying energy to the property even though I had no contract or agreement with them?

Or is this not my problem and definitely not my debt?

Love to hear your insights please.

Grumpelstiltskin

My guess is most of the bill will be made up of standing charges.

£75 they are not going to do anything other  than threaten you, just ignore them unless and highly unlikely you get a letter before action, problem for them is they don't know your name so make sure you don't tell them.

ManyWays

Am I legally responsible for this £75 debt because I owned the place during the period and technically EDF were still supplying energy to the property even though I had no contract or agreement with them?
Yes, this is called a deemed supply contract. 
I suggest you settle it. 

Gandalf644

This happened to my current neighbour when she moved in. She didn't realised it was a 'deemed supply contract' with the old supplier to her house.  

The amount owing was only £38.00 but the debt collectors found out her details via the electoral roll etc. 

She then received a 'Letter before Action'. When she ignored that she received letters from the County Court as they were seeking judgement. 

She paid up at this point (before the actual court date) as having a CCJ was not ideal in her job. 

So they can and do go after these. So perhaps you may want to engage with them. 

Gandalf644

DhwERbf689 said:

ManyWays said:

Am I legally responsible for this £75 debt because I owned the place during the period and technically EDF were still supplying energy to the property even though I had no contract or agreement with them?
Yes, this is called a deemed supply contract. 
I suggest you settle it. 

How can I be legally responsible for something I didn't sign up or agree to though?

I have never had any contract with EDF energy and did not ask them to supply me with energy so when they received notice from the previous owner that they no longer owned the place any contract for the address surely ended.

This OfGEM document explains all about Deemed Contracts (which you do not have to have agreed to by the way:)

https://www.ofgem.gov.uk/sites/default/files/2023-11/Guidance on Deemed Contracts.pdf

ManyWays

DhwERbf689 said:

ManyWays said:

Am I legally responsible for this £75 debt because I owned the place during the period and technically EDF were still supplying energy to the property even though I had no contract or agreement with them?
Yes, this is called a deemed supply contract. 
I suggest you settle it. 

How can I be legally responsible for something I didn't sign up or agree to though?

I have never had any contract with EDF energy and did not ask them to supply me with energy so when they received notice from the previous owner that they no longer owned the place any contract for the address surely ended.

Because thats what the law says. eg for electricity: https://www.legislation.gov.uk/ukpga/1989/29/schedule/6/crossheading/deemed-contracts-in-certain-cases

The previous owners contract ended when they left and your deemed supply began.  The fact that you used little or no energy is irrelevant; there was still the standing charge accruing. 

If this "deemed supply" clause didnt exist, anyone moving house could just not sign up with a supplier and get their energy for free...

ManyWays

A lot of debt advice you read online is very unhelpful. If you dont like my suggestion to just settle this and prefer what other people are saying, I suggest you talk to your local Citizens Advice or phone up StepChange or National Debtline. 

fatbelly

If I received a letter from LCS, I would be reluctant to take it seriously given their reputation

If it was not addressed to me I would bin it.

Am I legally responsible? And what should I do? Are two different questions

DhwERbf689

fatbelly said:

If I received a letter from LCS, I would be reluctant to take it seriously given their reputation

If it was not addressed to me I would bin it.

Am I legally responsible? And what should I do? Are two different questions

Can you elaborate?

sourcrates

DhwERbf689 said:

fatbelly said:

If I received a letter from LCS, I would be reluctant to take it seriously given their reputation

If it was not addressed to me I would bin it.

Am I legally responsible? And what should I do? Are two different questions

Can you elaborate?

LCS have somewhat of a reputation for chasing old/statute barred or otherwise unenforceable debts, the status of which, they are fully aware of, yet still go against guidance and attempt to convince you they are fully collectable, when most of the time they simply aren`t.

They will however, given the chance, now how can I put this, lets say, distort the truth, and alter facts to fit their version of events, all in order to get you to pay up.

So what fatbelly is saying is that you should adopt a similar strategy when dealing with them, a misspelt name, not my name, should I inform them?  well the question should be, am I legally required to point out their error? the answer is no you`re not, not your name, not your debt, a basic principle of debt collection.

ManyWays

yes I would agree with all that if you are contacted about an old debt or one you do not recognise.

But this debt is NOT statute barred. And they haven't got the wrong name.  They will definitely be able to find your name to take you to court. Legally you owe this.  And people are sued for small amounts of money like this. 

Up to you if you want to waste your time & theirs being difficult about paying this.