Help! Unfair Pursual: Multiple Names on Utility Bills

[kilimeimili]

Dear all,

 

I need urgent advice. I lived in a flatshare from Nov 06 to April 07 with 3 other guys. We shared the bills between us, each paying a quarter. When I moved out, we closed the accounts, which had all our names on the bills, in order that my name be taken off it.

 

During my stay there, we paid everything through my account, even the rent, so they would pay their portion and I would pay the total amount the the estate agents. So one I went through my statements and noticed one guy did not pay rent one month due to a confusion. So when I moved out, I didnt pay the outstanding bills and we agreed he would pay them making up the unpaid rent as the amounts were very similar.

 

The companies pursued me, but clarified things by sending our tenancy agreement etc, but British gas is pursuing me through BCW and despite clarifying that we are all responsible for this, as it is in any case on the account name and I have sent British gas a copy of our tenancy agreement, they still say the law requires only to persue one person and therefore I need to contact my ex flatmates to get the money.

 

The problem is, I had a fallout with them and have no longer got any contact, and even if I could find them, would not bother paying the outstanding amounts if it was coming from me.

 

What am I to do? The original amount was about £124, but now with fees are around £255. I thought this had been settled and is stressing me out now, as I dont want to pay for something, such a large amount which is not what I am supposed to pay.

 

We put all our names on the accounts in order to avoid this type of thing in the future, but this has not seemed to work!

 

Please help!

[hillards]

Please help!

Tricky one.

 

Trust is a wonderful thing, until something goes wrong. It's harder to try and figure something out here because you admit there was a debt owing, you were the person who had previously paid the bills form your account, and I can see that it would be reasonable for BG to assume that you were therefore 'responsible' for the account, despite it having multiple names on.

 

As it's not been paid they have moved it up a step, with the debt collection agency taking the matter up.

...when I moved out, I didnt pay the outstanding bills...

Ouch - fatal. I am really struggling to find something positive to say that could help. There is a possibility that charges have been added to the account which are deemed to be unfair, if they are seen as a penalty - as with bank cahrges. However, if reasonable amounts have been added to enable them to find anc contact you then I can't see there's much can be done about that.

 

It's possible that someone else may think of something, but I didn't want to see you left in limbo with no responses.

[hillards]

I knew there was a bit of legal stuff that applied, but my brain was a bit fuzzy last night with the lingering effects of flu.

 

The original creditor, British Gas, will rely on the terms of the contract including a phrase "Joint and Several Liability". Translated, that means -this is a debt in joint names where all borrowers are liable for the debt owed. If for any reason an individual is no longer associated with the other person(s) with whom they took the joint debt, they are all still liable for the full amount outstanding. A lender has every right to pursue either party for the outstanding debt owed. However, they cannot collect the money twice. If one party fails to make the payments owed, the lender may pursue the other for the full amount.

Sorry it's not better news...

[kilimeimili]

thanks, that does help. Should I maybe just ignore until they pursue the others?

 

I am moving in the next month and think I will just not change my address with my bank...

[hillards]

thanks, that does help. Should I maybe just ignore until they pursue the others?

 

I am moving in the next month and think I will just not change my address with my bank...

 

Quite seriously, it will not help. As explained, they have you down as the person who was paying, was named on the account, and has no dispute that the energy was used while you lived there. The matter of leaving it for a former housemate to pay does not concern them. If you want them off your back then you have to get the others to chip in, or pay it off youself to resolve the matter.

 

As for any thought of debt evasion, I would have to withdraw any help I could give as that is not why I come and offer advice and information on the CAG site.

 

My view is that where there's a problem there is also a solution. It can get complex, but the only way to resolve the issue is to tackle it. If that is to prove that a debt collection agency has no right to be making demands for payment as they cannot back up their claim, then I am happy with that as I don't think I owe any debt collector anything, they're leeches! If it's to show that they've chased the wrong person and no debt exists, I'm happy with that, we don't want hassle that has nothing to do with us. I do look at these situations and try to offer something at least, but ignoring the debt or looking to avoid sorting it out just isn't an option I would consider.

 

If the worst came to the worst and they got a court order against you it WILL affect your credit rating for several years. The moment you apply for credit you'll alert the debt collectors, as they watch the credit reference agency files. Same if you ask for a 'free' credit report. Read through more threads on here and you'll find that the debt collection agencies can be sorted out, but only if you are prepared to write to them and, in some cases, do battle.

 

There may be those who disagree, but I appreciate the fact CAG is here and wouldn't want to lose the support it gives through being a fair place to get advice.

[zazen.warrior]

Essentially what's being described here is a third party dispute which is not of any concern (or interest) to the utility company.

 

I have to agree with much of what H has already said.

[kilimeimili]

Thanks for the input. I much appreciate it.

 

I am willing to write to them etc. The thing is, the ex-flatmate is not the kind of person who would give a rat's tail to me contacting him for the money and will only ignore me - what am I to do then? All I have are email addresses and mobile numbers - if those are still in use.

 

How am I supposed to find them now? This is not an easy task. The debt collectors can do this a lot easier and with much greater effect.

 

Is there any way I can just get the debt collection agency to get to contact them directly, because I am sure they will take note then?

 

My ultimate goal is also just to sort this, but I would feel too defeated to pay the £255, as it is a lot of money to me and as we had a dispute, they are walking away unscathed and they are not innocent to do so... I am willing to accept responsibility for my own faults, but this is not that black and white.