EDF Energy Debt - going to court on the 15th, debt not 'mine'

[imac999]

My mum is the EDF Energy named account holder, EDF supply both the gas and electric to our home.

 

Earlier this year my mum suffered a near fatal road accident which left her needing 24 hour care which she now receives in a care unit.

 

At the time of the accident I was away in University,

my younger sisters went to stay with relatives so the house was empty for a period of several months.

 

When it became obvious that mum was not going to be returning home, I quit Uni and came home to look after my younger sisters.

 

Mums insurance payments covered paying off the mortgage so all I needed to cover was bills.

 

Most bills were previously paid by mum via direct debit and I have joint responsibility for her bank account

with the Public Guardship office as at the time of the accident I was only just 18.

 

I got a job, only part time but enough to get by.

 

The only outstanding matter was the utility gas/electric supplied by EDF Energy which was paid every quarter

over the counter at the bank (mum is a great believer in only paying for what she owed).

 

As the house was empty for almost a year EDF had continued to send bills and demands for payment.

I contacted them to explain what happened and they said I could have a pre payment meter installed

to pay each account back at £5pw so for dual fuel £40pm.

 

Initially I accepted this and took a date and they never showed up.

 

In the mean time an accountant friend of my mums stated I should have a account in my own name

and that EDF could not ask me to pay a debt that doesnt belong to me as the EDF contract is with my mum

and not me and I never signed anything to act as guarantor

Is this right?

 

They want £1500,

 

I've checked the meter readings and it does seem to tally with theirs.

 

Now all the letters are addressed to The Occupier/My mums name the latest of which is saying they are

going to court on 15 October to apply for a warrant to have the supply cut off within 28 days of that date...

 

I'm completely at my wits end over what to do?

 

I'd appreciate any guidance as no matter what I say to EDF, the letters keep coming.. Thanks

Edited October 9, 2013 by honeybee13
Formatting.

[honeybee13]

Hello and welcome to CAG. I'm sorry to hear about the problems you're having.

 

I'll move your thread to the General Legal forum, as court action is being mentioned, and leave you a short term redirect to follow from this forum to the new one.

 

The guys should be along in the morning, please bear with us.

 

My best, HB

[imac999]

Thank you so much

[fkofilee]

That letter for going to court... Does it have +Will+ in the going to court part?

[imac999]

It's called a 'Notice of application hearing for a warrant of entry' and gives the date of when the hearing is.

[dx100uk]

All applications for warrant of entry are heard in a magistrates court. You should hear from the court of the date and time.

 

Turn up saying you are there to defend and the application will be withdrawn

- these applications are dealt with in a rubber stamp session and the magistrate does not have time for defended cases.

 

If EDF persist - the case will be heard in full another time but it is probable that the EDF warrant officer will sort it.

Do not forget to ask for compensation.

[imac999]

I still have the worry of dealing with the energy company. Can you tell me what legislation covers the contract between my mum and EDF? I'm not and never have been in that contract as a guarantor but wonder if my offer to initially accept a pre payment meter and therefore pay off the debt ties me to it?

[dx100uk]

none iwould think.

[Surfer01]

As the account is in your Mom's name and she is vulnerable at present,

 

you need to write urgently to EDF and ask why they are pursuing this at present.

 

Try getting the name of someone high up to send the letter.

 

In the meantime, can you pay anything off the debt to show the court a willingness to pay?

 

Definitely defend it as it would mean they have to transfer the hearing to a court near you giving you a bit more time.

[Andyorch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?185370-Warrant-of-Entry

[steampowered]

I'm not an expert on utility bills, but I wonder if this case might qualify for a grant? Have a read of http://www.edfenergytrust.org.uk/help/useful-links/MultiTrust_Booklet0511.pdf.

 

In any event I think the first thing is to write a letter to EDF explaining your situation so that they are aware, and perhaps try to get your name on the utility bills?