Deemed contract and county court

[Batista230]

Hear is a county court claim from eon against myself. What do you think? And what is a deemed contract?

Thanks

[Batista230]

attachment

[R0b]

Hello

I think you are liable since you've given zero background.

I suggest you read the references to the legislation to get your answer on a deemed contract. Short answer is that you are assumed to be the person living at that address and using gas/electric and therefore liable to pay the bills unless you have told them otherwise.

[Batista230]

I suggest you read the references to the legislation to get your answer on a deemed contract.

I looked on google and found nothing at all really regarding legislation; is there any thing on this site that would explain the meaning deemed contract?

Thanks
Batista230

[des8]

A deemed contract is normally in place when any type of customer moves into new premises and starts to consume gas, electricity, or both, without agreeing a contract with a supplier. A deemed contract may also exist where an existing contract comes to an end but the customer continues to consume energy.

[ploddertom]

A deemed contract is also significantly more expensive than one you have agreed with a supplier.

[R0b]

I looked on google and found nothing at all really regarding legislation; is there any thing on this site that would explain the meaning deemed contract?

Thanks
Batista230

You couldn't have googled hard enough because when I Google "Schedule 2B Gas Act 1986" the legislation comes up. Have a look at paragraph 8 of that Schedule, you should find the answer you are looking for (in relation to gas).

[Batista230]

You couldn't have googled hard enough because when I Google "Schedule 2B Gas Act 1986" the legislation comes up. Have a look at paragraph 8 of that Schedule, you should find the answer you are looking for (in relation to gas).

that link you supplied is broken, I am googling Schedule 2B Gas Act 1986, but Im getting many different pages

This is what I found for part 8

(8)The modification under subsection (3) above of a condition of a licence shall not prevent so much of the condition as is not so modified being regarded as a standard condition for the purposes of this Part.

[des8]

Try this:

Deemed contracts in certain cases

8(1)Where a gas supplier supplies gas to a consumer otherwise than in pursuance of a contract, the supplier shall be deemed to have contracted with the consumer for the supply of gas as from the time ( “the relevant time ”) when he began so to supply gas to the consumer.

(2)Where—

(a)the owner or occupier of any premises takes a supply of gas which has been conveyed to those premises by a [F18gas transporter] in pursuance of arrangements made with the transporter by a gas shipper, or by a person authorised to make the arrangements by an exemption granted under section 6A of this Act;

(b)that supply is not made by a gas supplier, or by a person authorised to make it by an exemption granted under section 6A of this Act or an exception contained in Schedule 2A to this Act; and

(c)a supply of gas so conveyed has been previously made by a gas supplier,

the owner or occupier shall be deemed to have contracted with the appropriate supplier for the supply of gas as from the time ( “the relevant time ”) when he began to take such a supply; but nothing in this sub-paragraph shall be taken to afford a defence in any criminal proceedings.

(3)In sub-paragraph (2) above “the appropriate supplier ” means—

(a)the gas supplier who previously supplied gas to the premises or, if more than one, the gas supplier who last supplied gas to the premises; or

(b)where that supplier’s licence has been assigned generally, or has been assigned so far as relating to the premises, the person to whom the licence was so assigned; or

(c)where that supplier’s licence has been revoked on his application, or has been so restricted on his application as to exclude the premises, the gas supplier with whom that supplier made arrangements for securing continuity of supply to the premises.

F19(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The express terms and conditions of a contract which, by virtue of sub-paragraph (1) or (2) above, is deemed to have been made shall be provided for by a scheme made under this paragraph.

(8)Each gas supplier shall make, and from time to time revise, a scheme for determining the terms and conditions which are to be incorporated in the contracts which, by virtue of sub-paragraph (1) or (2) above, are to be deemed to have been made; [F20but this sub-paragraph shall not apply in any case where it is reasonably expected that neither of those sub-paragraphs will apply].

(9)The terms and conditions so determined may include terms and conditions for enabling the gas supplier to determine, in any case where the meter is not read immediately before the relevant time, the number of therms or kilowatt hours which are to be treated as supplied to the consumer, or taken by the owner or occupier of the premises, during the period beginning with the relevant time and ending with—

(a)the time when the meter is first read after the relevant time; or

(b)the time when the supplier ceases to supply gas to the consumer, or the owner or occupier ceases to take a supply of gas,

whichever is the earlier.

(10)A scheme under this paragraph may make different provisions for different cases or classes of cases, or for different areas, determined by, or in accordance with, the provisions of the scheme.

(11)As soon as practicable after a gas supplier makes a scheme under this paragraph, [F21or a revision of such a scheme], he shall—

(a)publish, in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it, a notice stating the effect of the scheme [F22or revision];

(b)send a copy of the scheme [F22or revision] to the Director [F23, to Citizens Advice and to Citizens Advice Scotland] ; and

(c)if so requested by any other person, send such a copy to that person without charge to him.

[Batista230]

You mentioned before to pay special attention to section 8. Is this the bit you ment?

[h=3]
(8)Each gas supplier shall make, and from time to time revise, a scheme for determining the terms and conditions which are to be incorporated in the contracts which, by virtue of sub-paragraph (1) or (2) above, are to be deemed to have been made; [F20but this sub-paragraph shall not apply in any case where it is reasonably expected that neither of those sub-paragraphs will apply].

So dose this mean that there fixed terms and conditions coenside with the deemed contract, so there terms and conditions including fines for late payment then this will be applied?