EDF - 1st non payment visit after 5 years

Chegg

Hi,

Just looking for any advice or if anyone in a similar situation has experience.

My other half was "taking care" of the energy bills, I had a chap at the door saying he was representing EDF looking for her (she was at work), he said he'd pop a letter through the door.

I've found she's be lying and hasn't paid the bill to EDF for 5 years, totalling in near £9000 according to them. This has come as a total shock to me, and my head isn't quite right yet.

I've still to actually speak to them but I know there has been bills and letters, addressed to her of course, but I am wondering if they are within their rights to wait 5 years before sending someone to try and get this sorted, if it was a few weeks, even months it's something we could have handled fairly painlessly, they also sent her an email on Friday (after I tried to speak to someone in their repayment team, but the handler only passed on my numbe)r saying they "need" 30% of the total bill, or they will put in a pay as you go meter.

I understand it's a total farce, and we are due them money, but does anyone know if they have dropped the ball with a duty of care or something by waiting 5 years, for a visit, and presumably we will be on a crazy high tariff which will have compounded matters.

I do plan on phoning Citizens Advice, closed today, just looking for a shred of hope to help me sleep tonight!

Many thanks

C

QrizB

Welcome to the energy forum.

My other half was "taking care" of the energy bills, I had a chap at the door saying he was representing EDF looking for her (she was at work), he said he'd pop a letter through the door.

I've found she's be lying and hasn't paid the bill to EDF for 5 years, totalling in near £9000 according to them. This has come as a total shock to me, and my head isn't quite right yet.

That must be a terrible shock to you. There will be some difficult conversations ahead. I hope you and your other half can sort this out.

Are you married / civil partners or is this an informal arrangement?

I am wondering if they are within their rights to wait 5 years before sending someone to try and get this sorted

As far as I'm aware, there's no obligation on an energy company to personally visit their debtors unless they're planning to disconnect them.

EDF could, if they chose, take your OH to court and obtain a CCJ without meeting them. After that it would be the bailiffs at the door.

presumably we will be on a crazy high tariff which will have compounded matters.

You're likely to be on the Standard VariableTariff, which is capped by Ofgem and is the same tariff that most domestic customers are on. It might not be the absolute cheapest but it's unlikely to be costing you more than £1-200 a year more than the best available tariff would.

Robin9

You may find it difficult for EDF to talk to you as you are not the account owner.

CAB may well be the channel for communication. One thing you need to do is find out the actual debt as EDF probably only have estimates. Read your meter before you talk to CAB so an actual bill can be generated.

This will be very worrying for you - but sharing will help

Chegg

Thanks for the replies,

We are living together, have been for years, so not married etc, I did ask her to reply to the email authorising me to talk to them, and pass on my number. Not sure if that was a great idea, but wasn't thinking straight.

I'll get the meter readings etc too, Scotland here, and it's Morrisons Data services that come and read the meters, but I've since heard they don't pass that data to EDF, which also worries me that the estimate might be lower, and the bill will go up!

I also wonder if there is an admin charge for some of these letters being added to the bill too, mind is running riot!

Thanks again

C

QrizB

If EDF disagree with that response, the matter would probably then go to a hearing where the defendant would absolutely have the right to attend.

Sure, but that's very different to "sending someone to try and get this sorted" which was the OP's question. And would still rely on the bill payer (OP's partner) taking their responsibilities seriously and engaging with the judicial process, rather than ignoring it and hoping it would go away by itself.

EDF could definitely obtain a a court judgment without them oor their representatives ever meeting the OP face-to-face.

Rather it sounds like EDF are simply attempting to keep the ball in play, rather than being timed out by the Limitations Act which is 6 years in England & Wales (maybe slightly different in other territories)

OP is in Scotland, where it's usually 5 years. All the more reason for EDF to get started with enforcement actions.

littlemissbossy

This must have been an awful shock, my first thought would also be to check your other bills have been getting paid.

Scot_39

IIRC the normal unsecured debt provision limitation in Scotland - for "prescription" is 5 years - and I guess that would include energy bills - but its a complex matter - and once action taken and the CCJ equivalent order made - a Sheriff Court "decree" issued - it never expires.

The timing may therefore be no coincidence - say approaching 5 years - and the promised letter may be more than a simple "bill" - has their been anything yet from internal dept department or external debt collection agency - or any hint of a debt action notice (not sure how electronic the Scottish system is cf the English CCJ system)

Was OH paying anything at all to the energy supplier during the period ?

Even if some of the debt - over 5 years is statute barred - it may be that much of it remains - depending on exact exchanges - like any cash payments - during the period.

But take legal advice - don't just pay 30% - on the word of EDF.

QrizB

... the handler only passed on my numbe)r saying they "need" 30% of the total bill, or they will put in a pay as you go meter.

If it comes to it, moving onto a PAYG meter isn't a terrible outcome. There are limits on how much debt can be reclaimed through PAYG per day, so you'd have a fairly long time to pay it back.

The main drawback is that you'd have to stay with EDF until the debt was cleared, so you'd lose the possibility of switching for a better deal unless you paid it off. But that's just a continuation of your current situation.

Chegg

https://forums.moneysavingexpert.com/discussion/comment/82074377#Comment_82074377

I've started to think that'll what it might boil down to, if I put in £100, how much of that goes toward the debt, only they can answer, it's not really about avoiding the debt, it's our bed, she made it, gotta sleep in it.

I just found it, and still do, totally ludicrous they (and any company really) will, and can wait 5 years before taking any action other than sending letters.

Thanks again!

C

EssexHebridean

There will have been letters and phone calls - but you won't have seen them as you weren't the account holder, at a guess. Energy companies can't win in this situation, if they go in all guns blazing they are criticised for being too heavy handed, and if they take it more gently someone in your situation gets a nasty shock, That said of course, there was no way that they could know that you weren't aware - as far as they were concerned they were chasing the account holder.

I would opt to get the PAYG meter put in because at least that stops the situation getting any worse. I'd also be wanting a good conversation with the OH to find out why they've not paid the bills, and what else is going on in the background, though. have they perhaps got sucked in by one of these "freemen of the land" type sites where people claim that nobody has to pay for their energy - because if so, they may be vulnerable to other sorts of scams too.

TroubledTarts

The fact is EDF have been billing the person in charge and designated to receive the bills, they didn't have to chase anyone else at any specified point in time.

Who knows what letters/communication have been hidden from you over the years.

Now is the time to discuss how this is paid back and I see a couple of people have suggested a PAYG meter for paying back as this means paying back at a smaller rate than anything you could agree with EDF directly.

Definitely find out what us going on with your OH, maybe they just can't cope with bills and life and tread gently if you can. It could be a combination of things. Good luck there.