Npower asking me to pay a bill that I am not liable for!!

[ameet747]

hi, i was a full time student in 2009-10 living as a tenant in a furnished 4 bedroom shared house with 3 other guys, my contract with the landlord was for 225 pounds PCM with all utility bills inclusive, now I have recently received a collections notice from Npower asking me to pay about 800 pounds for electricity that i used when i was living there. I called them up and explained the situation and also asked as to how can they put the bills under my name when I have not even signed anything with them. They said they have got my details via electoral roll and since I was living there so im legally liable to pay it. Then they said if your tenancy agreement states that your landlord is responsible to pay it then send us a copy of the agreement. Now I do not have a copy of it anymore and my landlord refuses to give me a duplicate copy, she just picked up my call once and when I told her what's going on, she promised to get back to me with a duplicate copy but after that, she has just disappeared and doesn't even answer my phone calls. What can i do? Because clearly, I should not be asked to pay this bill in the first place. Moreover, there were 3 other guys living there so why I have been made the lone scapegoat??

[Caspar]

Re: Npower asking me to pay a bill that I am not liable for!!

As she is holding personal data about you, can you not send her an SAR request. This would give you all information she holds about you. Word the letter to include copies of any signed agreements etc...

If she fails to comply, it can then be enforced through the courts.

[turnerburner]

Re: Npower asking me to pay a bill that I am not liable for!!

Yes, if you hit her with a SAR request she'll have no option. if she ignores it, she'll get what's coming to her.

[alsagerman]

Re: Npower asking me to pay a bill that I am not liable for!!

I suggest NPower are just trying their luck. Put in writting (do not call) that you are not responsible for any monies outstanding and direct them to your ex landlady. If your landlady will not provide tenancy copies, tell NPower in your letter. It is not for you to prove anything to NPower, it is for them to prove you were person who signed an agreement with them.......which they can't.

[enquirer]

Re: Npower asking me to pay a bill that I am not liable for!!

And if the LL has destroyed all documents relating to the OP, what then? Presumably that leaves nothing but the electoral roll and the Land Registry. The one points to the OP and the other to the LL.

[labman]

Re: Npower asking me to pay a bill that I am not liable for!!

Any data relating to financial information has to be kept for 6 years, and as a landlady letting out houses for a business, she'd have to keep them for the Inland Revenue.

[enquirer]

Re: Npower asking me to pay a bill that I am not liable for!!

My accountant told me that only commercial financial information (eg company accounts), has to be kept for 6 years. Private information can be destroyed, or not, as you see fit.

[Shadowcat]

Re: Npower asking me to pay a bill that I am not liable for!!

Hi ameet,

Firstly, you definitely signed a tenancy agreement? If so then applying for SAR is essential because you are then in a waiting state. Was it through a lettings agency? They would have a copy.

If you didn't sign anything, it's your word against hers as, although it is her name on the bills she can say that utilities were not part of the rental in which case the tenant not the landlord would be liable. However, as the landlord is their customer you can bat it back and give them and her the responsibility of finding ALL of the tenants and not just you, no way should you be liable for the total amount. The worst scenario for you is that you would be asked to pay a quarter, they cannot reasonably expect you to pay the full amount. They are being ridiculous making you fully liable for a shared rental and are taking the easiest route in my opinion.

Submit an SAR to your landlord if there is no letting agent involved, do not sign any correspondence relating to this, just a typed name.


Shadowcat.
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...and as Caspar says, failing to supply you with the SAR becomes a court issue so it's a bit stalemate all round. Would any of your housemates have a copy because the ideal scenario would be a signed agreement that says in black and white utilities were included.

S.

[bluebottle]

Re: Npower asking me to pay a bill that I am not liable for!!

Hi ameet,

Okay. First things first. You say you and three others signed up to an inclusive tenancy. That means your former landlady is legally responsible to Npower for paying their account.

From what you say in your post, it sounds very much to me that the landlady has done a runner and Npower are looking for any mug to settle their account. It's up to them to prove you are liable to pay any outstanding amount.

As Shadowcat says, getting an SAR served on the landlady or a lettings agency, if one was used, for a copy of the tenancy agreement is important.

Don't let Npower bully you into paying. And don't be taken in by any threats they may make. There are laws to deal with that and they know it. Get the SAR off to your landlady as a matter of priority.

[charitynjw]

Re: Npower asking me to pay a bill that I am not liable for!!

Hi ameet,

You could also remind them of Ferguson v British Gas Trading Ltd.

http://www.atteys.co.uk/news/7/