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unpaid electricity bill

ffs

why can't things be simple with this girl?!!!!! :banghead:

i moved out of my flat last week. we received our final bill for £220 and I gave my flatmate £110 to pay it off by card.

at first, a direct debit was set up for my account but they were ripping us off so we decided to just pay it quarterly.

anyway, i gave her £110 and she said she'd pay it. she's now turning around and saying that she isn't going to pay it and she's putting it towards her rent as ive "left her in the shit" DESPITE giving her 3 months notice of me leaving.

anyway, this bill is in both of our names. as they have my bank details from a previous direct debit, will they be able to trace me? will it give me bad credit history?

i dont have anymore money for this bill. i gave my flatmate my share.

what will happen if it remains unpaid?
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Comments

  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Your ex-flatmate is a bitch. That is all.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Just be blunt with her. You've given her 3 months notice that you're leaving and you've given her the right amount of rent that you owe, if she doesnt pay it then it's her problem, threaten court action and she probably won't be too keen to mess you around anymore!
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    yep, she is a bitch.

    the girl who was meant to be replacing me has dropped out so she's expecting me to carry on paying rent. its impossible though as i don't have a spare £350 per month. we are in a joint tenancy so if she doesn't pay rent next week, i will lose my share of our £700 deposit as they'll evict her and take it out of that so it looks as though im going to lose quite a bit of money :(

    i wish i never met her and i never signed this stupid contract :banghead:
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Have you not handed in your notice though?!
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    If she doesn't pay into the bank report it as a theft to the police. You don't actually OWE her any money for rent, hence it is a criminal matter not a civil one.

    Threaten her with that chestnut and see where it gets you.


    The above only applies if you don't actually owe rent. if you do then sorry.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Whowhere wrote: »
    If she doesn't pay into the bank report it as a theft to the police. You don't actually OWE her any money for rent, hence it is a criminal matter not a civil one.

    Threaten her with that chestnut and see where it gets you.


    :yes:

    The rent is no longer your problem.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Firstly you need to sort it out with the electricity company, as your name is on that bill so you are liable for it, whether you paid the money to her or not. That she has stolen your money is a seperate matter.

    You need to make clear to the electricity company what the situation is to stop them from chasing you or issuing any charges. Don't just expect it to go away.

    I thought that you had given notice on the flat, but if not then you need to sort out the tenancy. You need your name off that tenancy no matter what this other person at the flat is doing. Don't arse about with it, and don't let the letting office fob you off with any shit.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Your ex flatmate is a bitch, but that doesn't really change all that much.

    If you signed a joint tenancy then you are liable for the rent until the end of the tenancy. One of the clauses will be 'joint and several liability' which means that if one of you doesn't pay the rent, the landlord can chase either of you. Ironically this could also mean that you have to pay the full rent if your ex flatmate doesn't bother paying. Giving her notice isn't enough to get you from the tenancy agreement unless you find a replacement.

    The same thing applies on the utility bill and it's unlikely that the utility company will allow you to remove your name from the bill. It's worth telling them what's happened and getting your direct debit cancelled though; they're more likely to go after the ex-flatmate as she's resident and you're not.

    You owe the money for the rent so it's a tough one. Someone can generally use money paid to repay any money owed, although if it was given for a specific purpose then there can be legal arguments about it. It's unlikely to be theft, though, immoral as her actions are; if you're on the tenancy agreement then legally you owe the rent.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kermit wrote: »
    .

    Where you been?
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kermit wrote: »

    If you signed a joint tenancy then you are liable for the rent until the end of the tenancy.

    the end of the tenancy is up in a few days though.

    i only signed a 12 month contract.

    the letting agency is claiming that we are both jointly liable for the rent on a rolling contract until we both decide to leave. it mentions nothing about a rolling contract in our contract though.

    is this correct? because if it is, it means im never going to get out of it if she never finds a new tenant :( this is stressing me out so much. i wish i never met her.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    If you can go to CAB this girl sounds like trouble!
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    mmm just read on shelter's website..."If a one joint tenant ends the tenancy, everyone will have to leave unless those that want to stay can negotiate a new tenancy with the landlord. This is a complicated area and you should get advice."

    agency is ringing me tomorrow. if they say i need to stay until she decides to give notice im gonna throw that in their face, urgh.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    ive just spoken to the agency.

    they said they are going to get advice from their legal term based on what i have said.

    they have told me though that they wont start eviction proceedings for at least 2 months so all in all, i could get screwed over for thousands of pounds when im not even living there. so my housemate can stay there for a few more months rent free despite whether or not the contract has been broken and we'll be taken to court :(

    im going to drop in another letter of written notice but :(

    ive just been a bitch and told the agency she has a cat which is breaking our contract because im simply just out of ideas. i just dont know what to do.

    i cannot afford to be taken to court. i dont want a ccj which will stop me getting a mortgage in future. me and my boyfriend are planning on getting our own house within 2 years.

    hellpp :crying:
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    oh, and ccjs stop you getting most jobs.

    id lose my job now as i work in insurance and the job ive just applied for says you can't have any ccjs.

    this isn't fair. she's just being a btich and refusing to move out :crying:

    what have i done to deserve this? i gave her 3 months notice. i told her i was leaving as soon as our tenancy was up.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I think you need to get advice from somewhere like Shelter or the CAB or a housing solicitor because it is beyond what people on here can sort out.

    To me it would seem that if you had a fixed term contract that has lapsed and you are on a rolling contract then you should be on a 30 day notice period, with no obligation to provide any further rent etc. I think you are allowing yourself to be led on a bit by the people around you who are taking advantage of the fact that you don't really understand the contracts.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It is a complicated area of law and specialist advice is needed. My understanding is that if one tenant gives notice to quit, and it is served correctly, then that is binding on all the tenants. But the problems lie in that your ex flatmate doesn't have to leave until a court orders it, which can take a few weeks and the court costs get charged to you both. It's a messy area of law.

    Any tenancy can convert from a fixed-term tenancy into a rolling tenancy, known as a periodic tenancy, if the tenants don't leave at the end of the agreement. In a periodic tenancy the notice period for the landlord will either be one rental period or two, depending on the contract, and you have to give notice of at least one rental period. A rental period for most tenancies is a month, it depends on how often you have to pay rent to the landlord.

    I don't have faith that the agency knows what the law is either, none of the agencies I deal with ever seem to know their arse from their elbow. It doesn't surprise me that this one is any different, I've lost count of the number of times I've had to get really pissy with incompetent letting agents.

    In all my years of money advice I'm yet to come across a job where a CCJ is a bar to employment. It can affect some sensitive financial positions, but I know solicitors with CCJs. A CCJ can affect your ability to get credit in the future, but only for six years until it disappears from your record anyway. And, even more to the point, if you pay up the day before the CCJ is processed then nothing shows on your credit reference file anyway.

    Depending on how the landlord gets you both out will depend on whether a CCJ is awarded. If they use the accelerated procedure, known as section 21, then they need to make a separate claim for unpaid rent against one or both of you. Most agencies wouldn't bother doing this, and you serving valid notice to quit could be a defence to the CCJ for any rent due after the end of the fixed term.

    If you're in low paid work ring Community Legal Advice on 0845 345 4345 for specialist housing advice, or give Shelterline a call. Most CABx have a waiting list of somewhere between 5 and 10 weeks at the moment. I'm not able to go into it in any more detail than this from home.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Yerascrote wrote: »
    Where you been?

    Mostly been at work dealing with stuff like this all day :razz:
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    thanks for the advice kermit. im handing in some written notice tomorrow. im also going to send my notice recorded delivery so there is a record of it. i dont want them turning around and saying they have not received it. you are right about the court thing...that is what worries me the most as the agency have informed me that they would not start eviction proceedings until 2 lots of rent haven't been paid so it could lead into thousands of pounds being owed very easily.

    unfortunately, i have shot myself in the foot. i never handed in written notice. ive been stupid as i knew at the time i should have done. im now tied in for another month's rent. i didn't give them written notice as a new girl was as far as i was concerned moving into the property, she'd paid the agency fees and i told them i was moving out. everything was sorted.

    everything might be ok as i think my flatmate is going to get someone else in this month. she has found someone who is interested in moving in on the 20th but until a new contract is signed, i can't be certain of anything. i dont earn enough for two sets of rent so any rent that isn't paid will have to come out of our deposit. rent comes out of her bank account as its just one rent payment - its joint. i transfer money to her and it comes out of her account. how could they chase one or both of us for any outstanding debt? surely if its a joint contract, they'll chase us both for 50%? seems unfair otherwise if one person gets away with it.

    regarding the ccjs then, if you pay BEFORE the court date, are you ok? im NOT having one of these on my file. im going to do everything i possibly can to avoid it even being taken to court. like i said, me and my boyfriend want to buy our own house together in early 2011 as ill have paid off all my debts by next year so the fact a ccj stays on your file for 6 years sounds awful to me. theres also the fact that a ccj marks your property and my boyfriend would not be impressed at all if i damaged his credit rating by this happening!!!

    grrr, this is just stressing me out so much. just want to be free of the place :(
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    oh, and a ccj would stop me getting the job i want.

    its there in black & white in the eligibility requirements that anyone with outstanding ccjs will be rejected :(
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    .
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Going back to the title of this thread, have you told the electricity company that you are moving out yet? You need to submit written notification to them, too. (Although a lot have a web page nowadays which you could use.)
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    the agency told us we could end up with ccjs gwst. i probably am jumping the gun, sorry. im just so stressed out and worried about all this right now. im already in quite a bit of debt so the thought of getting into more makes me feel a bit crap.

    anyway, she has actually paid the electricity bill off now. i think she just said that to me because she was angry/upset/being a bitch. i rang up the electricity company today to check.

    at least thats one less thing to worry about :)

    now just the whole flat thing to sort out :/
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    anyway, she has actually paid the electricity bill off now. i think she just said that to me because she was angry/upset/being a bitch. i rang up the electricity company today to check.


    Have you told them that you are moving out though?
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    yes. it was a final bill.

    i rang up the electricity company last month and told them i was leaving. they closed our joint account, sent us a final bill and set up a new account in her name only.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    yes. it was a final bill.

    i rang up the electricity company last month and told them i was leaving. they closed our joint account, sent us a final bill and set up a new account in her name only.

    yaay well that's something :)
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