Being chased by mackenziehall re EON

[flo5]

Hi

Brief resume.

My husband was made bankrupt May 2009 discharged a year later.
At the time we held an account with EON this was included in the bankruptcy. Once he was made bankrupt the account went from joint names into my name. Have not heard anything from them for a long time. Then got a letter stating "Failure to Respond - Notice. Saying despite previous correspondence .... They have issued a default with credit reference agencies.

What if anything can/should l do. My income is child benefit and carers allowance so can they force me to clear this debt?

Many thanks

[Never-In-Doubt]

Re: Being chased by mackenziehall re EON

I'll ask Rizzle to come and see you - he's best at this I suspect

Not sure why they changed from joint to single, this was not a joint account - who opened it, or rather which of you signed the contract as all contracts of this type are for sole signatories normally.....

[Riz]

Re: Being chased by mackenziehall re EON

If in joint names, then his bankruptcy does not effect your liability. You would still be liable for anything outstanding.

- Did you continue to pay and keep up with this account after his BR? If so, when until?
- Have they actually placed a default on the CRAs? Or just said that they intend to?
- If a default is there, what is the default date?

Utilities are now able to report non payment as a default in many cases/contracts, so depends really on whether the default is accurate?

[Never-In-Doubt]

Re: Being chased by mackenziehall re EON

Rizzle, utilities are sole contracts usually - unless it has changed lately.

e-On had ours in both names until I reminded them the contract only had one name on it - now the bills come in just one name.

I dunno, just thought i'd ask about that as it might be relevant, if applicable of course.

[flo5]

Re: Being chased by mackenziehall re EON

Thank you for quick replies.

The account was opened when we moved to current address some 7 years ago by my husband - not aware that he signed anything - but will check back paperwork.

There were payments made on the account as they continued to be our energy supplier for some months following the bankruptcy - will check date of last payment

Mackenziehall state" Your default has been registered with the Credit Reference Agencies" Will check this to ascertain latest information and update you when this is known.

Will update the relevant information as soon as l can - meanwhile thank you for your help

[Riz]

Re: Being chased by mackenziehall re EON

Rizzle utilities are sole contracts usually - unless it has changed lately.

I've had ones in joint names and jointly signed. Plus it is always claimed that someone not named can be held liable if the utility company can prove that the other person contacted on the unnamed ones behalf for the supply. I highly doubt that would stand up in court, but it is so claimed at times.

[Never-In-Doubt]

Re: Being chased by mackenziehall re EON

I've had ones in joint names and jointly signed. Plus it is always claimed that someone not named can be held liable if the utility company can prove that the other person contacted on the unnamed ones behalf for the supply. I highly doubt that would stand up in court, but it is so claimed at times.

bummer. Cheers for clearing that up mate.

[Riz]

Re: Being chased by mackenziehall re EON

Thank you for quick replies.

The account was opened when we moved to current address some 7 years ago by my husband - not aware that he signed anything - but will check back paperwork.

There were payments made on the account as they continued to be our energy supplier for some months following the bankruptcy - will check date of last payment

Mackenziehall state" Your default has been registered with the Credit Reference Agencies" Will check this to ascertain latest information and update you when this is known.

Will update the relevant information as soon as l can - meanwhile thank you for your help

So it was always kept up to date?

Sounds like you should be demanding proof from MH that:

- Anything is owed/outstanding.
- If there is, that you are liable for it.
- That if there is and you are, that you agreed or were warned that non payment could be reported to the CRAs.

Knowing MH, they may struggle on some or all of those.

[flo5]

Re: Being chased by mackenziehall re EON

Hi

Got some additional information.

When we moved EON was the provider for the house so we took over the account as far as we can recollect and indeed the paperwork was in my husband's name, however at some stage it changed from Mr to Mrs & Mrs. Neither of us recall signing anything.

Checked credit report nothing on it from Mackenziehall or EON at the moment.

I am checking bank statements to find out when l last made a payment to them.

Thank you

[Never-In-Doubt]

Re: Being chased by mackenziehall re EON

Then your husband was the sole account holder, as I originally thought (ie similar position to me) - however if you can prove they changed it after you made them aware of the impending BR that would surely affect things. If they did it before you notified them, well that would be acceptable you could argue.

It's a weird one - maybe not much you can do cos like Rizzle says, there is an implied agreement when you buy a house that you also take the holding utility firm until you change of course...

[flo5]

Re: Being chased by mackenziehall re EON

Thank you rizzle and Never-In-Doubt - great support as usual.

Following my husband's bankruptcy l did make payments for while until it got too much for me.

If l contact Mackenziehall raising the questions you mentioned rizzle and see what happens.

Many thanks for your time and support

[Riz]

Re: Being chased by mackenziehall re EON

Before you do, how much are they claiming?

If it's not much, and there is nothing on your credit file, then it may be worth holding fire to see what happens...

[flo5]

Re: Being chased by mackenziehall re EON

Hi rizzle
Amount owed £1706.41 (makes me feel ill when l look at it!)

thanks

[Riz]

Re: Being chased by mackenziehall re EON

Ouch!

Are/were you aware of such a bill building up unpaid? Do you believe it is genuinely owed?

Flying blind here, as you haven't really indicated if something approaching that amount may ever have been owed.

[flo5]

Re: Being chased by mackenziehall re EON

Hi

Indeed an ouch! For a long time following the bankruptcy life was a blur l went into a deep depression - it affected me far more than it did my husband.

The amount is high but are bills are quite large due to size of family and house so it could be accurate. We no longer have any of the bills relating to the account so l cannot check back.

It does seem high but l cannot definitely say that it is not right