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Sadly my Mum passed away 22nd Jan 2011. Prior to her death she had been living in a Nursing home as she suffered badly with dementia. Before being admitted to the Nursing Home she lived in a flat, and her gas was supplied by British Gas.
Mum moved out of her flat in 2006 and her gas supply was switched off (gas was only used for central heating and this would no longer be required). The flat (which Mum part-owned) has still not been sold ... mostly due to 'awkwardness' by the co-owner: a 'retirement property' firm (but that's another story!) The flat is part of a 'sheltered accommodation' complex ... hence access is granted via concierge staff who inhabit a ground floor office.
The flat has remained empty since 2006. It was cleared of furniture and personal effects that same year.
Mum received her electricity from Southern ... and I have no quibble with this firm as they have reacted with both sensitivity and professionalism throughout the whole episode. But ... oh my goodness ... as for British Gas!!!
I 'phoned and informed them of the situation in 2006. Mum's gas bill was, at that time, paid up to date. However, they routinely sent estimated bills to her <empty> flat, plus threatening letters about 'non-payment'. My attempts to explain the situation (again), resulted in estimated bills and threats being sent to MY address! (I am NOT a BG customer!)
On 12th January 2008 I sent a letter to them via recorded delivery. Once again I explained Mum's situation and I pointed out that their estimated bills were a fiction as no gas at all had been/was being used. I suggested that they should send a 'meter reader' to Mum's flat so that they could see the 'nil gas consumption' reading for themselves. I explained how they could gain access to the empty flat via the concierge ... and in fact I made sure that the concierge staff were aware that it was OK to let a BG meter reader into Mum's flat.
But this didn't deter BG. They have continued to send 'demands' and 'threats' to Mum's empty property over the years. I visited the flat this weekend as it's now due to be sold, and was amazed to find an enormous gas bill with added costs! Ironically, the bill states that: " If there are any personal circumstances that you think we should be aware of - reasons why you are unable to pay this outstanding bill or why you should not have your supply disconnected - please contact us immediately."
I 'phoned them this morning and said: "Is being dead a good enough reason for not paying a bill for gas which hasn't been consumed?"
So what I'd like to know is this.
In another post a forum member mentioned that: "Claiming that someone owes another money when they don't is a criminal offence under Section 2, Fraud Act 2006 (Fraud by False Misrepresentation). Section 12 of the Act deals with offences committed by companies and the liability of directors, company officers, company secretaries and managers for such offences. Making unwarranted demands of another and using menaces (threats) in order to reinforce those demands is a serious criminal offence under Section 21, Theft Act 1968 (Blackmail)." He also said: "Don't be taken in by any claims that any threats made are made in the belief they had grounds for making them. In reality, the defendant has to first prove they have a right in law to make threats and second they have to prove any threat is a proper means of enforcing a demand."
... Please can anyone tell me how I can enforce this Act? Do I go to a solicitor, or the police?
Sorry this post is so long ... I wanted to get all the relevant facts in.
Mum moved out of her flat in 2006 and her gas supply was switched off (gas was only used for central heating and this would no longer be required). The flat (which Mum part-owned) has still not been sold ... mostly due to 'awkwardness' by the co-owner: a 'retirement property' firm (but that's another story!) The flat is part of a 'sheltered accommodation' complex ... hence access is granted via concierge staff who inhabit a ground floor office.
The flat has remained empty since 2006. It was cleared of furniture and personal effects that same year.
Mum received her electricity from Southern ... and I have no quibble with this firm as they have reacted with both sensitivity and professionalism throughout the whole episode. But ... oh my goodness ... as for British Gas!!!
I 'phoned and informed them of the situation in 2006. Mum's gas bill was, at that time, paid up to date. However, they routinely sent estimated bills to her <empty> flat, plus threatening letters about 'non-payment'. My attempts to explain the situation (again), resulted in estimated bills and threats being sent to MY address! (I am NOT a BG customer!)
On 12th January 2008 I sent a letter to them via recorded delivery. Once again I explained Mum's situation and I pointed out that their estimated bills were a fiction as no gas at all had been/was being used. I suggested that they should send a 'meter reader' to Mum's flat so that they could see the 'nil gas consumption' reading for themselves. I explained how they could gain access to the empty flat via the concierge ... and in fact I made sure that the concierge staff were aware that it was OK to let a BG meter reader into Mum's flat.
But this didn't deter BG. They have continued to send 'demands' and 'threats' to Mum's empty property over the years. I visited the flat this weekend as it's now due to be sold, and was amazed to find an enormous gas bill with added costs! Ironically, the bill states that: " If there are any personal circumstances that you think we should be aware of - reasons why you are unable to pay this outstanding bill or why you should not have your supply disconnected - please contact us immediately."
I 'phoned them this morning and said: "Is being dead a good enough reason for not paying a bill for gas which hasn't been consumed?"
So what I'd like to know is this.
In another post a forum member mentioned that: "Claiming that someone owes another money when they don't is a criminal offence under Section 2, Fraud Act 2006 (Fraud by False Misrepresentation). Section 12 of the Act deals with offences committed by companies and the liability of directors, company officers, company secretaries and managers for such offences. Making unwarranted demands of another and using menaces (threats) in order to reinforce those demands is a serious criminal offence under Section 21, Theft Act 1968 (Blackmail)." He also said: "Don't be taken in by any claims that any threats made are made in the belief they had grounds for making them. In reality, the defendant has to first prove they have a right in law to make threats and second they have to prove any threat is a proper means of enforcing a demand."
... Please can anyone tell me how I can enforce this Act? Do I go to a solicitor, or the police?
Sorry this post is so long ... I wanted to get all the relevant facts in.
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