EDF bill - very worried

[hector-go-go]

Afternoon
I have just received a gas bill dating back to 2003 as a first bill from EDF - we moved in at that time & looked to change supplier to nPower (the same as our electric) - despite several calls to nPower they said the reference number we gave them was incorrect & never moved the gas account to nPower.
Our fortunes changed soon after moving & we were & still are struggling badly financially.
My question is this
Can they ask for gas supplied so long ago or does the one year rule apply?
I have found the energy industry guidelines - which EDF have signed up to - stating that if they have not billed us or read the meter, despite knowing we were in the property using the supply, then they can only go back 12 months.
It was a new build - the Barratt sales office took readings & supplied the details to the relevant companies ( so we are led to believe) We had all bills for the electric which we put in my wifes name only - however we bought the house in joint names & the EDF billing has come in my wifes name only & to the correct address ( not a plot number ) which leads me to believe that we have supplied the correct details at some earlier stage.
Is this the case as they have us on file (the bill was addressed to us not "The Occupier") or am I reading something wrong?

Also - it says on the bill that it is a First Bill - we have have nothing in the interim period - does this make a difference?

Any help would be greatly appreciated.
thanx
Hector

[Amethyst]

Re: EDF bill - very worried

"From the 1st July 2006 where the supplier has been at fault in not billing a domestic customer the supplier will not send a bill which includes energy consumed more than 2 years previous to the bill being issued. From 1st July 2007 this period will reduce to 1 year" (Clause 3.5)

Yes the 1 year applies so long as you can show you took any reasonable steps... can you confirm this is the first communication (letter/bill etc) you have received from them despite obviously having received supply from them and having a reference from them since 2003.

I'd definately write back and argue that point to them - and as a sweetner offer repayment proposals (That you can afford) on the past years bills spread over the next few years.

[enaid]

Re: EDF bill - very worried

Hello Hector and welcome to Beagles.

Here are the bits of the billing code I think are relevant to you

"From the 1st July 2006 where the supplier has been at fault in not billing a domestic customer the supplier will not send a bill which includes energy consumed more than 2 years previous to the bill being issued. From 1st July 2007 this period will reduce to 1 year" (Clause 3.5)
2.1 Energy Consumption

2.1.1 A bill has not been sent in two years
Where the supplier is at fault in not billing a customer in the previous two years, we will not bill a customer for more than two years worth of consumption unless it's in the customer's favour; the consumption relating to the oldest period (i.e. the period older than two years) will be withdrawn.

For the purpose of 2.1.1, the supplier is at fault where they have made no attempt to bill or communicate with an existing customer during the previous 24 months.

Specific exclusions

The supplier is not at fault where

• A new customer has failed to notify the supplier that they are living in the property and we have sent letters to the address or we have continued communicating with the previous occupier
• The property is newly built and the supplier is unaware of its usuage
• The customer has deliberately taken steps to avoid a bill being sent

According to that the supplier is not at fault when its a new build and they are unaware of its usage.

Now you do say that Barratts notified them and took readings, I think you may have to prove that, I don't know quite how though.
Also and I don't mean to sound rude, but if you have been using gas for 6 years and were under the impression EDF knew you were using the gas, did you not think it strange you had not received a bill before now?

[hector-go-go]

Re: EDF bill - very worried

Hi Amethyst
Yes - this is the first bill/communication from EDF - I checked & they were the original supplier. I would imagine that getting proof from Barratts that they contacted the supplier will not be easy (or possible knowing how they work) - as regards them having a reference of us it is possible they have found us from our n/Power electricity supply (only in my wifes name ) . I do not know if they have definitely have a reference from us - it would only have come from Barratts - we did have the bills from electric/water & council tax all from when we moved in (& the EDF bill relates to the same time frame - it started as from 2 days before we moved in )
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Hi enaid
no - I don't think you are sounding rude.
Unfortunately it became one of those situations where we put our heads in the sand & hoped for the best - we became financially stretched soon after moving when our business declined (due to outside conditions) - we have struggled to keep things together ever since & seem to making slow progress despite the crunch - it is not easy & I know we should have tackled the situation sooner but we didin't & here we are.
We did deal with all our other situations, but have been fighting off repossession for over 12 months so the gas took a definite back seat.
Any & all advice is gratefully received.
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Hi Amethyst
Yes - this is the first bill/communication from EDF - I checked & they were the original supplier. I would imagine that getting proof from Barratts that they contacted the supplier will not be easy (or possible knowing how they work) - as regards them having a reference of us it is possible they have found us from our n/Power electricity supply (only in my wifes name ) . I do not know if they have definitely have a reference from us - it would only have come from Barratts - we did have the bills from electric/water & council tax all from when we moved in (& the EDF bill relates to the same time frame - it started as from 2 days before we moved in )

[Amethyst]

Re: EDF bill - very worried

I' still write back and argue the 1 year point and say you're happy to make an offer of repayment monthly for what is owing over the last year (which will basically have to be a % of the bill as theres no way of knowing until you have a few months recorded useage) and see what they come back with.

once they come back then you can go into financial circumstances and repayment offers etc.

You could send a Data protection act request to barratts for the information to prove they supplied the info to EDF who then failed to bill you (if they cant just tell you straight off that is)

Dare I ask how much they are asking for?

[enaid]

Re: EDF bill - very worried

Just a note for you if they do demand payment there are still things in your favour so don't despair.
All fuel suppliers (electricity and gas) follow a code of practice that means they won't cut off your supply if you agree a payment plan with them and then keep to it. You'll need to check each code of practice, but they should take into account your ability to pay - complain to Consumer Direct if they don't.
Please keep us informed as to what happens, thanks Enaid x

[hector-go-go]

Re: EDF bill - very worried

Hi Amethyst
noted on your comments - yes you dare ask - it is £4700 + change
I will compose the letter as you suggest & see where we go.
I did find the confirmation that Barratts took the readings & were dealing with the arrangenents for billing ( we had a "customer acceptance certificate" from when we moved in ) - as I say the water/electric & council tax all came through but not the gas
thanx again for the advice
Hector
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Hi Enaid - I gave up despairing a long time ago - ha ha
Since going to court fighting the repossession I find these other problems not so scary!!
Thanx for the advice & I wll keep the replies coming when I have some news
Hector

[enaid]

Re: EDF bill - very worried

Away you go then I think that would suggest they are at fault,

[WendyB]

Re: EDF bill - very worried

Just a quick question - is this bill based on an actual reading or is it an estimate? If it's an estimate it might not be as bad as you think, if the actual reading is lower. Then again, I supppose it may be higher. Either way, read your meter. Then you'll know for definite. And if it is lower, then you can reduce the amount payable.

[hector-go-go]

Re: EDF bill - very worried

quick update
After many letters for me as responses to continuing bill payment requests, I have now had a letter from them asking for my original contacts to the gas supplier.
As I have already said, Barretts were contacting all utilities to arrange the supply, & they must have done so as we had bills from water/electric/sewerage (but no gas bill)
We asked npower to take over the gas supply in early 2004, they came back & said they did not know who was supplying us & could not tell us.
We made the assumption that someone would come after us as some stage requesting payment (as has now happened)
Should we now requst written confirmation from Barretts regarding who they contacted regarding the gas supply & pass this infomation onto EDF?
I just want to be careful regarding what I say to EDF so as not to give them any information that could be used against me.
thanx Hector

[hector-go-go]

Re: EDF bill - very worried

just wanted to update all of you who have helped me with this.
EDF have today agreed the Billing Code of Practice applies - so have reduced my bill by 80%
A very big THANX to all who have advised me
Hector

[Mochamoo]

Re: EDF bill - very worried

Great news Hector, well done x

Have they given you a repayment plan for the money as well?

[hector-go-go]

Re: EDF bill - very worried

Thanx - they are looking to discuss a payment plan - I have a few days to think it over before I speak to them

[hector-go-go]

Re: EDF bill - very worried

we have been advised that as we have never signed up to EDF then we have no obligation to pay for any previous supplies of gas - can anyone advise if this is correct? - doesn't seem realistic to me but we would appreciate a legal viewpoint
thanx
Hector