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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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Dear Jo I think you are ready to answer my question once I

Customer Question

Dear Jo
I think you are ready to answer my question once I pay £38?
Best wishes
Mike
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, can I help?
Customer: replied 1 year ago.

Dear Jo

What is your reply to my question please?

Best wishes

Mike

Expert:  Jo C. replied 1 year ago.
You haven't asked a question yet?
Customer: replied 1 year ago.

I have not received a gas bill for a long time. I had not been living in my house for a while and tenants were paying the bill. When I moved back the gas company came to read the meter. I asked them to send all future bills to me, but I heard nothing. I kept phoning up ever month, but could never get through (the automated system went on and on and on and I didn't have email access at the time). I kept assuming that I would eventually get a bill but never did. Then lots of things happened in my life and I forgot about it for a long while. I understand I can only get back billed for two years. Please can you advise?

Expert:  Jo C. replied 1 year ago.
I am really sorry but they can back bill for the amount that you owe.
They have six years to claim for any sum under the Limitation Act 1980 and, in fact, since this is an ongoing contract they could argue that their claim has been recognised throughout by continual use so limitation does not apply. If accepted that would mean they have a claim for the full amount. They are unlikely to do that though generally.
If you have made reasonable efforts to contact them about this then that is a point in your favour. The trouble is that they could argue that you have not and probably would. I realise that automated systems are annoying but it is possible to get through them.
They will not sue though. They will just apply for a gas warrant. You can resist a gas warrant but the Court is going to want to understand your proposal to repay. If you want to avoid that then the only option is to disclose. You can always send them written notification by recorded delivery.
I'm very sorry but that is your position.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Dear Jo

What about this from the backbilling code:


If your supplier is at fault and has not sent you an accurate bill that they should have sent you, they will not ask you to pay any extra for energy you used (and which you did not receive an accurate bill for) more than one year before they issue the bill

Expert:  Jo C. replied 1 year ago.
They may have that policy but they could get much more in law.
The additional problem here, I'm afraid, is that they are not at fault. They have been inefficient but, in fairness, you haven't told them.

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