Energy company not sending bill for 7 years !

[dingodeano]

Hello All. I’m after any thoughts or similar experiences to this I heard from a young lady who owns her own salon and rents her premises.
In the last two months the landlord has began asking for her to set up a payment plan for 22k of debt.
When the young lady started her Tennancy she tried to establish her electric bill with suppliers none of which would claim ownership. She raised issue with landlord and they were also not interested. So time has past and now eventually a supplier has claimed ownership and the landlord wants the young lady to accept liability for bill. However no bills / statements / red letters have ever been seen or received with her ( Tennants ) name on either recently or ever. I did a Google search and came across the back billing rulling on ofgem website which I have told her about. But apart from tell her to seek legal advice I don’t know what else to suggest. Obviously she’s terrified. Any suggestions?

 

[securespark]

Didn't she take a photo of the meter when she moved in?

That would prove how much she has used in that time.

 

[Tigercubrider]

If you haven’t received an accurate energy bill in a while

What to do if you haven't received an energy bill, how much of your next bill you'll have to pay, explains the 'back billing principle', what to do if you can't pay the bill.

www.citizensadvice.org.uk

there is a one year limit on energy bills (domestic?)
a salon may be different due to commercial use.

 

[Tigercubrider]

Back-billing explained

Back bills are sent to you by your gas or electricity supplier when you've not been accurately charged. A guide to your rights.

www.ofgem.gov.uk

a salon would be a small business?

 

[Old Salt]

Not sure if the Ofgem rules apply to commercials but they may listen to an offer of part payment rather than adverse publicity. If I was in her position I would certainly contact Ofgem to see if they could intervene.
If no joy I would contact a solicitor or MP and see if they could help or just go to the press or social media.

Just found this on the Ofgem website

Getting help if your business cannot afford its energy bills

Call your supplier to agree a payment plan and get emergency help. Contact Citizens Advice for more support: 0808 223 1133.

www.ofgem.gov.uk

Back-billing explained

Back bills are sent to you by your gas or electricity supplier when you've not been accurately charged. A guide to your rights.

www.ofgem.gov.uk

basically the same rules as domestic, unless she employs more than 10 people or a turnover of £2 million or exceeeds certain energy useage.

Details are all on those links

 

[big-all]

i thought it was 6 years but could be wrong but they can't demand it all back at once as others have said get legal advice and offer say 10% above a normal monthly bill amount as all you can afford
and off course you will have whatever amount you have put aside knowing a bill is coming plus interest

 

[conny]

I wouldn't offer to pay anything until it was established, and confirmed in writing, who was/is responsible for paying.
In the meantime I would seek the advice of a solicitor who deals with commercial law.
Is there anything in her tenancy agreement stating she is responsible for all/any utility bills? It shouldn't be taken as read or implied that if there isn't then she will be responsible. I'd question the supplier, who allegedly claims they are the owners, why they have not sent any bills for so long and why they didn't question their staff that the property was not receiving any payments from someone, even if it was just for the standing charge.

Don't pay, or offer to pay/set up a repayment plane etc, until it is legally clear that she is responsible. I would also ask that the bill be broken down into yearly quarters and charged at the prevailing rate of those relevant quarters.
I.E. Sept -Nov 2016 would be at a cheaper rate than the same period for this or last year.

 

[Dork Lard]

Whenever I have a legal problem that might get messy . . . The very first person I ask for advice is the one who I know will turn to soshal meedya for the answer.

 

[big-all]

I wouldn't offer to pay anything until it was established, and confirmed in writing, who was/is responsible for paying.
In the meantime I would seek the advice of a solicitor who deals with commercial law.
Is there anything in her tenancy agreement stating she is responsible for all/any utility bills? It shouldn't be taken as read or implied that if there isn't then she will be responsible. I'd question the supplier, who allegedly claims they are the owners, why they have not sent any bills for so long and why they didn't question their staff that the property was not receiving any payments from someone, even if it was just for the standing charge.

Don't pay, or offer to pay/set up a repayment plane etc, until it is legally clear that she is responsible. I would also ask that the bill be broken down into yearly quarters and charged at the prevailing rate of those relevant quarters.
I.E. Sept -Nov 2016 would be at a cheaper rate than the same period for this or last year.

whilst i agree you need to make sure its her responsibility to pay but she needs an understanding a commitment to pay at least what she uses in the meantime to maintain power to operate her salon so no high horse until full facts are on her side just go with the flow in what it takes to keep going then she can register a complaint about the bill " in dispute"stopping further action on the bill but needs to pay at least the basics in the meantime

 

[Old Salt]

Just found this on the Ofgem website

Getting help if your business cannot afford its energy bills

Call your supplier to agree a payment plan and get emergency help. Contact Citizens Advice for more support: 0808 223 1133.

www.ofgem.gov.uk

Back-billing explained

Back bills are sent to you by your gas or electricity supplier when you've not been accurately charged. A guide to your rights.

www.ofgem.gov.uk

basically the same rules as domestic, unless she employs more than 10 people or a turnover of £2 million or exceeeds certain energy useage.

Details are all on those links

They can only claim the last 12 months bills unless a statement has been provided previously.

The full rules are in the links provided to the Ofgem web site.

 

[big-all]

the place to start is whose name is connected to the meter consumer wise and from when
Original contract sign up date etc

 

[conny]

the place to start is whose name is connected to the meter consumer wise and from when
Original contract sign up date etc

Thats the danger of not submitting final meter reads when you vacate a place. You can be held responsible until the new owner/tenant submits an application to take over the meter. Theoretically their submitted first reading should near enough tally with your final one, allowing a small usage for maintenance while the building was empty.

 

[johnny2007]

If she's running the salon as a limited company, she could "sell" all her equipment and assets to her husband, sister, daughter, son, friend, pay herself a bonus with the profit and wind up the company.
The new limited company taking over would start from scratch and not be liable for the previous company's ALLEGED debt.

 

[jeds]

It is possible the electricity bill could be part of the rent, but this is normally stated in the tenancy agreement. Was there an original tenancy agreement? It would be unusual for a commercial let not to have one.

In the absence of a clear agreement, the 'young lady' might have to negotiate a settlement. The starting point is her original meter reading when she took possession. Does that concur with £22k worth of leccy?

 

[gas112]

Know of quite a few houses where the powers companies do not know there is an actual gas meter fitted and have never had a bill in 25+ years .
Told them if they ever sell just take the meter out and ask for one to be fitted