Updating post from Reddit.

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Posted by MissMirza 2 weeks ago
Landlord placed previous tenant’s debt in my name, what are my rights?

Hi all. Apologies if this is in the incorrect subreddit. Please be kind as this situation has genuinely knocked me aback and will put me in a very bad place financially.

Based in England

From 2020-2022 I rented a property whereby I used a prepayment meter key for my electricity through Scottish Power.

Recently I got a message about debt collection which made me chase up what is happening. I contacted Scottish Power who have alerted me that during my tenancy, there was a direct debit account also active from the previous tenants who did not pay and when I rented this property, this active debt had been placed in my name and they had my details stored. I couldn’t believe it as I never gave any of my details to Scottish Power ever. They indirectly proved that this was not my debt by explaining that this account had been open and active prior to the start of my tenancy.

Here’s where it gets tricky - until I can prove this is not my debt in writing, they refuse to remove this bill from my name. The reason they can’t remove it is because it has been active during my tenancy regardless of whether it was me running up the direct debit or not. The debt ran up as the monthly account had not been closed. This has been active since 2025 July even though the property is currently vacant. They are trying to charge me for the start of the account up until 2022 even though I NEVER WAS ON THE DIRECT DEBIT FOR THIS ACCOUNT AND PAID THROUGH PREPAYMENT KEY ONLY.

I know that I can contact the estate agency and ask for this in writing but the Scottish Power representative states usually the estate agencies refuse to help as this places the debt onto the company which they do not want. Therefore I just want help understanding what actions can I take in this situation if my landlords don’t help?

Can I take them to court? Do I have a case with a chance? Should I mention taking them to court when I contact them? Is there some kind of free legal representation available or ombudsmen? What kind of charges can I incur from taking this to court? Etc etc

I’m completely out of my depth here and I’ve had to take on a lot of other family members’ debt and financial burden for a while, I have just cleared all theirs to find myself in this situation with little to no savings. I’m also pregnant for the first time with a high risk pregnancy and I’m scared the stress will affect the unborn child as I have health conditions resulting in high bp. Please help me ☹️

TLDR: Landlord did not close an old Scottish Power account prior to my tenancy, when I moved in they gave my details to the company and subsequently placed the debt in my name. This is not my debt as I was on a prepayment meter for the entire duration of my tenancy and this was a direct debit account that had been opened prior to the start of my tenancy. I need written proof that I only used a prepayment system and this can only come from the estate agency. Scottish Power have stated in these cases the estate agencies refuse to assist or take accountability to avoid incurring debt. Therefore, if they do not assist, what can I do in this situation legally and how much is this likely to cost me? Thank you so much for reading

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Posted by SocialMThrow 2 weeks ago

If it's that easy for the landlord to place your name on the debt you should ring up and place the debt in his name and address.

How can the debt increase if you used a prepayment meter? Properties can have one or the other to my understanding.

You have your tenancy agreement as evidence and you'll have the meter read start and end dates so it should be simple to sort out.

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Posted by MissMirza 2 weeks ago

But they had proof of my tenancy to use as some form of evidence, I don’t really have any written proof of anything. The Scottish Power Rep was pretty open stating that the onus is on me to prove it’s not my debt and they don’t care who it goes to next but I need something in writing.

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Posted by SocialMThrow 2 weeks ago

Did you have your name on the prepayment meter Scottish power account?

If yes they will have your payments and usage from 2020-2022. This will prove you paid for any energy used for these dates, this is your evidence.

The DD that was apparently increasing during your stay is irrelevant because they can't double charge for energy.

Ring them again and explain this, if no joy raise a formal complaint with Scottish power and also contact energy ombudsman. This will prove that you have tried to sort it out.

Also ask Scottish power to send you all of the bills from your old prepayment account and will include dates and meter reads, this is your evidence of payment.

Do not pay any debt collections as you have shown you are actively trying to sort it out which will help if it goes to court. It might go to court but the onus is on them to prove you owe it, which they will fail to do.

You need to find evidence of your tenancy start and finish dates, contact your agency and ask them for the paperwork, they will have it stored.

With all due respect the Scottish power rep might have been nice but they are full of shit, don't fall for it.

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Posted by SianBeast 2 weeks ago

>Scottish Power Rep was pretty open stating that the onus is on me to prove it’s not my debt

This didn't sit right with me as I am sure that this is not the case, so I googled it and this what the wisdom of Googles AI has to say..

"The Scottish Power representative stating the onus is on you to prove the debt is not yours is not standard practice and may be incorrect. In the UK, the burden of proof generally falls on the debt collector (in this case, Scottish Power) to demonstrate that the debt is valid and belongs to the individual they are pursuing. You are not automatically obligated to prove a debt is not yours, especially if you have no prior connection to it. Here's why and what you should do:

Why the Representative is likely incorrect:

  • Burden of Proof: In debt collection cases, the entity claiming the debt (Scottish Power) typically needs to provide evidence that the debt is legitimate and belongs to the individual they are contacting.
  • "Prove it" Letters: Instead of you providing proof, you should send a "prove it" letter to Scottish Power, demanding they provide evidence that the debt is yours.
  • Not your debt: If you've never had an account with Scottish Power or if the debt is clearly not related to you, you are not responsible for proving it's not yours. 

What you should do:

  1. 1. Send a "Prove it" letter: This letter should request that Scottish Power provide detailed information about the debt, including the account number, dates of service, and any supporting documentation. 
  2. 2. Document all communication: Keep records of all interactions with Scottish Power, including dates, times, names of representatives, and the content of conversations. 
  3. 3. Consider a formal complaint: If Scottish Power continues to pursue the debt without providing sufficient evidence, you can escalate the issue by making a formal complaint to their customer service department and, if necessary, to the relevant ombudsman. 
  4. 4. Return unopened letters: If the debt is addressed to someone else, you can write "no such person at this address" on the envelope and return it. 
  5. 5. Don't provide personal information: Avoid giving out personal information to debt collectors over the phone, especially if you are unsure of their legitimacy. 
  6. 6. Seek advice if needed: If you are unsure about how to proceed, consider seeking advice from a debt advice charity or a consumer protection organization."
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Posted by stellashop 2 weeks ago

You should ask this in r/LegalAdviceUK.

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Posted by capitalboth 2 weeks ago

Firstly, do not worry.  Energy billing and metering is an absolute mess and this sort of thing happens all the time.

I don't follow exactly what's happened here, but I've dealt with enough similar cases to know the person working in the call centre probably doesn't either. 

If you genuinely don't owe the money, you will be able to get this sorted without resorting to the courts.  It will take a bit of time and effort. 

Some general principles:

  • If you want help, you can seek advice from the citizens advice bureau.

  • whoever has possession of the property at a given date is responsible for the bills during that period. That means when the previous tenancy ended, a line is drawn.  Whatever money was owed at that point is for the previous tenant to pay and the amount you owe starts from zero.

  • if there was a period when the property was empty between tenants, the landlord is responsible for the bills in that time. 

  • however, the onus was on you when you moved in to let the energy company know you had moved in, and get the meter reset.  You may have been paying off a previous debt if you just carried on using the key that was in the meter. 

  • Do this today: gather as much hard data as possible.  Take pictures of every screen on your meter and keep a record.  Does it say there's a credit or a debt?  What is your unit rate? What is the standing charge?  Is it a smart meter (may be hard to tell, ask your energy company).  What meter readings do you have?  What does the landlord/ letting agent have?  What has the energy company recorded?  Do they have a record of how much you topped up and when?

  • From here on, a lot depends on who you get through to when you call.  If you don't get anywhere with the first person you speak with, end the conversation and try again. 

  • go into every call with a positive attitude that you have a problem to solve rather than an argument to have. I know it's stressful when it's about money, do your best not to get angry. 

  • ask to speak with a manager if you don't get anywhere the third time. 

  • if they won't let you speak with a manager, or the manager doesn't help, ask to make a complaint. 

  • look up the complaints and escalation policy on the company website and hold them to it. 

  • If you're not happy with the response from them, go through their escalation process up to the ombudsman. 

  • the ombudsman is usually very fair in their judgements and will side with the consumer if it's borne of genuine confusion rather than trying to blag your way out of a debt.

Persistence and understanding of the process are key. 

Good luck! 

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Posted by SianBeast 2 weeks ago

Urgh. I had this situation with Gnergy (since gone bust if I recall correctly) a few years back. I was lucky in a way that the LL had recently bought the place and I was the first tenant and therefore I think LL sent them evidence of the date they bought the place and... well, I never actually heard anything but it's been a few years so assume they started trying to trace the old owner. Who knows. I washed my hands of it since its not my problem!

Anyway, I fail to see how getting evidence from the letting agent would put the debt on them? It's got nothing to do with them. (unless I've misunderstood that part?) That's exactly what I would have advised though - to get all evidence that you can from the letting agent/LL and forward it to SP.. probably better to do it all yourself rather then relying on agents to do it for you..then you know it's done and you remain in control of the situation.

ABSOLUTELY DO NOT PAY ANYTHING YOU DO NOT OWE!!

If SP aren't cooperative then speak to Citizens Advice. You could also tell them that you intend to escalate the issue to Energy Ombusdman (I've done this with EON before as they were messing me around with something - lo and behold, they changed their minds, don't think I actually got to the point of escalating.. funny that).

Ultimately;

"If Scottish Power is attempting to bill you for a previous tenant's energy usage, you should not pay the bill. You are only responsible for the energy used while you are the registered customer."

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Posted by Winter_Cabinet_1218 2 weeks ago

I had something similar to this with eon. Talk to them and see what they will accept as evidence. Normal tenancy agreements work. Also contact the land lord / letting agents.

If the account isn't in your name then argue you're not responsible for anyone else's debt. But ask them for more information to clarify the specifics. Remind them that under GDPR they also can release personal details about another person to you... Basic push them over a barrel

Basically keep shouting GDPR breach at people 😂

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