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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My dad passed away 28 11 13 and was supplied by British gas

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My dad passed away 28 11 13 and was supplied by British gas for his electricity when the day arrived that we had to give the house back to the council after clearing the house out I read the metre which was a key metre . read the metre reading and phoned gas company And told them dad had a credit of £182.81 and still 3mounths down the line and umpteen phone calls and there promise to get back to me I still get passed fom department to department today they are saying that they still can't give me it back all of the money ! . If we would have owed them they would have asked us for the money they are making all sorts of reasons even that as dad was 87 the govourment gave dad £135 in September which was put on metre but they said its not there place to pay it back I'm to take it up with them. yours faithfully pauline bell

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Please accept my condolences for your loss.

Joshua :

The £135 you refer to that your father received - what was this payment for please? Was it a winter fuel credit of some kind?

Joshua :

Or was it the Warm Home Discount scheme?

Joshua :

Would you like to continue? I hope you are not having any difficutlies?

Joshua :

In case you are having difficulties I can switch to an alternative question and answer format. You may need to come out of the chat window and return in order to access the Q&A thread. I hope this will resolve an difficulties you are experiencing.

I hope this resolves any difficulties you were experiencing with the chat window. Are you able to read this ok?
Customer: replied 4 years ago.
It is the warm heating allowance
Thanks. I am very sorry if youw ere experiencing any difficulties earlier.

Finally could you confirm if you are acting as your fathers executor unuder any will he left or failing which if you are acting as his administrator if he did not make a will?
Customer: replied 4 years ago.
I am his daughter and am dealing with dads estate
Thank you - did your father leave a will appointing you as his executor or did he not make a will?
Customer: replied 4 years ago.
No there was no wil. Butl he left money for his funeral and hopefully enough for his name on tomb stone which we can't do yet we have paid any outstanding bills but it was only gas com that owed us money for overpayment to metre
You cannot make a complaint to the ombudsman to your first attempt to make a claim directlyThank you very much. because your father did not make a will, as you are your fathers next of kin and you are entitled to act as administrator (equally alongside any other siblings) by virtue of the Administration of Estates Act. the administration of Estates act provides that all legal authority in respect of your father's affairs passes to you. what this means is you have as much authority as your father did in order to deal with his affairs which would include claiming a refund from the utility company.

theWarm Home discount scheme operates as a grant and accordingly if a credit has been applied to your father's account because he qualified for the scheme then if as a result there is a credit on your father's account, this must be repaid to his estate by the utility company.

If the company is refusing to make a refund, the first step is to write a formal letter of complaint to the utility provider which must be dealt with under the terms of their complaints procedure and a full written response given to you. If you have not already provided it to them, you will need to provide them with a copy of your fathers death certificate and confirm you are acting as your father's administrator under the Administration of Estates Act and that the company must deal with you under the provision of s1 Administration of Estates Act (this is the section that states that control of all of your fathers affairs passes to you).

if the utility provider still does not refund the money owed following the above complaint, you can refer the matter to the energy ombudsman which has independent power to consider the energy providers response and order compensation is paid where it finds against them. in addition to the refund you are claiming, you can also claim compensation for additional difficulties the energy provider has caused you. you cannot make a complaint to the ombudsman until you have first attempted a complaint to the energy provider directly as above.

Once you are in a position to make a complaint to the on button, you can do so using the following link:

Is there anything above I can clarify for you?
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