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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I have just notice that British Gas have registered a default

Resolved Question:

I have just notice that British Gas have registered a default notice against me. It was in respect of a property I lived in two years ago and clearly forgot to pay the final bill.

I never actually opened an account with British Gas as I switched the supplier as soon as I arrived. The bill was therefore in respect of my first couple of weeks of residency. I understand that during this period there is an implied contract between us.

However, I'm not sure whether there was a contract for credit between us as payment was demanded in advance, with a week of moving in as I recall.

My question is:

Is this classed as a contract for credit / can a contract for credit be implied, even where payment is requested in advance?

Could the answer refer to a specific case or written legislation please.
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

I'm happy to wait a little longer but please could you cancel after a week.

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Were you paying BG bills?

Customer: replied 3 years ago.

No, I immediately switched to Scottish Power after moving in. Moved out a few months later and forgot about the BG bill.

Expert:  Ash replied 3 years ago.
But you accept it was for the period you were there?

Customer: replied 3 years ago.

Yes. I am not/have never queried whether the debt is actually owed, and repaid it as soon as I found out.


 


My question is whether there could have been a credit agreement between us. I understand the basics of law and that there was an implied contract when I moved in, what I do not understand is what constitutes a contract/agreement for credit, and whether such an agreement could be implied.


 

Expert:  Ash replied 3 years ago.
Credit agreement - no.

Do not get this confused with something like a loan or credit card. This is regulated by the Consumer Credit Act.

This is a debt owed on ACCOUNT. You are not having an account for credit. So the CCA does not apply.

But by USING energy then yes there is an implied contract.

Can I clarify anything for you about this today please?

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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