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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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I gave a tenant notice to quit an apartment that I had never

Customer Question

I gave a tenant notice to quit an apartment that I had never lived in. Some 18 months ago I started the planning process to do renovations on the flat in question. The tenant had EDF as an electricity and gas supplier. When the flat was completely empty I called EDF to inform them that the tenant was no longer in resident and I was informing them that the electricity and gas would not be used. I did not sign up to them as a supplier. Rather I then told them that we would keep the supply on as the builders would ultimately need it. The only use of gas was for the boiler which was removed and put into storage so in effect, until later on into tho year the boiler wasn't put back until it was needed to check the radiators were working. Doors and windows were removed and there were no windows in the place. I certainly did not receive any noticfication of these daily charges . The said they sent things to me but I was overseas and this was a building site anyway.I told EDF that I would decide whether or not I would sign up with them when I was about to move in;that time is now. In the meantime they have sent me a bill of some £750+ and given me all sorts of justifications such as there was a charge of 25p per day, some warrant charges because I hadn't paid the so called bill...it goes on. I do not know what to do.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

Forjomo1972


TEll me what to do as I feel outraged I am being blackmailed into paying this totally unfair charge. What is the legal situation since since I did not sign up to this company and was unaware of a standing charge....I could easily have closed the service down but decided not to as it was just easier to continue. But I feel the salient point is that I never signed up to a contract with EDF (nor ever will, now)

Expert:  Jo C. replied 3 years ago.
Sorry if I'm missing the point but you seem to accept keeping the supply on for the builders?

Did you pay for the utilities used?
Customer: replied 3 years ago.

I did not pay because I did not have a formal agreement - the place was a building site and the only item consuming gas was the boiler which was removed for safekeeping whilst the building was underway. I did not receive any bill during this time and particularly did not have any idea that I was being charged 25p per day as a standing charge. REmember I had talked to EDF at the outset and said there was no consumption as noone was there using anything...and I never signed or authorised any contract with EDF. They did not send any normal bills so I had no idea what was happening. There was no habitable building at the time. Even now, when they tell me I am liable for all sorts of 'warrents' I have asked them to send me a bill to detail the amount they say I owe - some £700 +


Obviously all this is generated from a computer which goes on relentlesly


churning out the charges which eventually end up on my head.

Expert:  Jo C. replied 3 years ago.

Again, sorry if I'm missing the point but surely you knew that something was being consumed
Customer: replied 3 years ago.

Yes, at some point when the builders were in operation they did use some electricity, but no gas at all--the boiler was removed. I did not receive any bills to the address, either to me or the previous tenant. In any case I was not living at the address as it was a building site.


But I did not receive any notification of the conditions of the supply, tariffs etc nor about the 25p per day charge. They did not have any e mail details from me or know that I was out of the country at the time. I feel the point is that I did not, at any time, sign any contract.


 


The supply contract had been in the name of my tenant and when I contacted EDF to let them know the tenant had left, I very clearly said I was not 'signing on' to any contract until the building had been finished as then I would consider all the options of the different companies. \


 


 


 


 


 

Expert:  Jo C. replied 3 years ago.
Please bear with me, I am travelling to court at the moment and need about 30 minutes. I will respond this morning as soon as I am able to if that is okay with you? Thank you.
Customer: replied 3 years ago.

FOR JOMO1972


 


CAn you reply to me now? If your court appearance allows!!

Expert:  Jo C. replied 3 years ago.
I did respond to this. It obviously didnt upload.

I'm afraid you are liable although you could challenge the amount.

Come what may, you told them you would keep their service. The fact you didn't sign anything is a non issue. Utilities were consumed and they have to be paid for.

If they are overcharging then you can challenge that. The costs of the warrant could have been contested if you had attended court and probably you would have won but you did not.

I'm sorry but I'm not sure what else I can tell you. You are not liable for anything you or your agents haven't used but you plainly are for what you have.

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