To expect something other than a sorry?

[LikeACowsOpinion]

I've been having stupid amounts of trouble with British Gas and want to know if IABU to pursue them.

This is long so please bare with me.

So, I took over my DMs address when she died in September.
The house itself is privately rented from a family member - they allowed me to take it over due to my home at the time being in a terrible area and in a state of disrepair.
Informed all of the companies that needed to know, submitted meter readings to the utility companies and tied up any loose ends regarding bills.
DM was an alcoholic, she had severe mental health issues and died penniless and in (what I know now) severe amounts of debt.

British Gas kept sending me the bills for the period that DM hadn't paid from to me taking over the address. These were always addressed to the occupier.
I called them to explain that I had only taken over the address and bills from September, so any debt accrued before that time was nothing to do with me. I also explained that as DM was penniless she had no estate so there would be no way to pay off her debt.
They asked for a copy of her death certificate which I sent off and hoped that was the end of it.

Due to DM dying suddenly, I didn't have the money put aside for her funeral, so I applied for a loan and surprisingly got declined the credit.
Ive never really had to use credit before. I have a few credit cards that are rarely used so as far as I was aware my score had always been fine, I was confused and looked into it.
Imagine my surprise when I saw a huge default on the report from British Gas, saying that I was in debt to them for nearly £2000 and that I hadn't made any payment for the period of June 16 - September 18.

I called British Gas thinking that they'd made a mistake in switching the account over and was informed that, actually, the account had been opened in my name originally in 2016.
I asked how that was possible; since I hadn't agreed to any sort of a contract with them for this address until I took over in September.
This got escalated to the complaints department and had opened up a massive can of worms.
DM opened the account fraudulently in my name when she had set up her utilities for whatever reason and had been paying off small amounts in drips and drabs before stopping and accruing a huge debt.
A debt collection agency are involved but since all correspondence was going to DM, I had no idea.

She had also opened an account going to a family members address 2 months before she died in a fake name which subsequently got into debt too, meaning the family member started to receive debt collection letters too.

I spoke to the debt agency about both letters and explained the situation, they said they would note that she had passed away and wouldn't send anymore letters.
What that actually meant was they are now sending the letters for 'my' account and the one under a fake name to my address.

I've explained all of this to British Gas. Currently going through the complaints procedure and the employee I'm dealing with has told me I need a copy of DMs tenancy agreement before she passed as well as a copy of the council tax bill from June 16 to September 18.
I explained to them that due to my mums mental illness/alcoholism, she was a very paranoid and disordered lady who rarely kept any documents (ironically thinking that someone would break in a steal her identity.)
The man then told me that unless I find these documents he cannot wipe my credit file of the default!
When I mentioned that it was in fact their fault for allowing the fraudulent account, he said that British Gad rely on the goodwill of customers and do not perform extra checks on a persons identity.
This is crazy to me, in this day and age. Anyone can call up and set up an account in someones name, leaving it down to the person to prove it wasn't them?

I'm so stressed out with all of this. Bringing up DMs sudden, traumatic and unexpected death to all and sundry every few days is really starting to wear me down.
Add that to debt collection letters dropping on my mat every so often, my credit score being in the pits and the fact that no one is listening to me and I'm losing sleep.

I was diagnosed with PTSD due to DMs passing and dealing with this nonsense is not helping.
The complaints procedure is getting no where fast and I'm fed up to the gills with it all.

Can anyone advise whether or not I can pursue them for this?
WIBU to do so?

(I know this is not actually AIBU but I need help desperately)
Thank you if you made it through this.

I'm not sure credit files can be edited by BG how you want.

You are renting from a relative, does your landlord not have a copy of the tenancy agreement? Your relative knew the difference betw you & your mom, right?

ps: the situation obviously sucks, I didn't mean to sound so unsympathetic, just trying to see a way for you to make it better.

Forgot to add, it's now affecting other things too.

Like the fact my car is giving up the ghost, can't get the credit to HP a new one - even though this is no fault of my own.

The family member should have a copy of the tenancy agreement, you need to ask them for it

@ragged according to them if I have the proof then they can 'wipe' it from the file - I've no idea what they can and cannot do, just going by what they've told me.

The family member does know the difference of course.
I spoke to them regarding the agreement and it's filed away in their storage unit - they're going to try and dig it out when they can but aren't in the country at the moment.

I had this. Fake British Gas account in my name, opened by my mum, I had no knowledge of it. It got in debt by £800 and by the time I actually found out about it; "I" owed £2k.

They did call off debt collection eventually but left the entries on my credit file. I complained to the police and sent them a letter before action, and talked to action fraud who advised that there was nothing really else that I could do, as British Gas are entitled to record the account the way that it is. I have a complaint with my MP about this because British Gas were well aware I did not live at that address and never have, I had another account with them at my actual address!

They were keen for me to press charges so I eventually did (We are NC and they are abusive so I'd rather have nothing to do with it), but even with crime reference numbers and confirmation from the police that evidence has been found that my mum had opened a number of accounts in my name and was being prosecuted, they haven't removed the defaults. It seems the guidelines around dealing with debts mean they have to stop pursuing the debt in those circumstances, but not remove defaults.

This might be even more complex for you given that your mum has died (I'm sorry ) and you're now living in the house where the account was set up. Can your landlord clarify to them that this is a new tenancy at least, so you can deal with the old debt separately?

Can the person your renting off not proves proof your mum was the tennant previously?

It’s a horrible situation to be in. I find energy companies the worst, I’ve had similar problems before regarding old tennenta debt being passed to me it’s a nightmare to sort

Would you have tenancy agreement for your previous home that would prove where you lived?

I think you need to contact British Gas’ complaints team again and this time insist on a copy of the signed contract they have that your mum used to open the account with (or a CD of the telephone call). At the same time, contact the Council and ask for council tax proof that you lived at your previous address and that you are only registered as moving into your current address on XX and have never been registered there before.

Ultimately, at the moment, it sounds like British Gas are working on the information that was falsely given to them and until you can prove otherwise they are entitled to persue it. However, if they refuse to accept your evidence, ask what they will accept or for a deadlock letter and go to the Ombudsman Services: Energy.

Not sure they can remove default from your account but I THINK notes can be added to explain the situation.

Good suggestion from StrongTea. Also, all the different ways you can document that your mom was fraudulently using your name should help as a body of evidence that she had a pattern of this kind of thing.

@AnchorDownDeepBreath I'm sorry you've been through this too.
It's an absolute nightmare.
They were also providing for me at another address!!
Thank you for sharing your experience though, looks like I'm in for the long haul here.

Thank you for everyone for your advice.
I can get all other proof, including evidence that I took over this address in September but apparently he needs the council tax bill and DMs tenancy agreement.
It's a massive fuck up.

I will ask for proof of the contract they set up with DM.
Hadn't heard of the energy ombudsman so will look into that also.

You should be able get a copy of the council tax bill by calling your local council and asking them to send a copy. Explain the circumstances. Some local authorities also have an online service for this.
It might be that the landlord will have to do it for you, but it is possible.

Is the landlord aware of the situation and how urgent it is that you get the documentation? Even if landlord could phone and organise the copy of the council tax bill to be sent to you or emailed to themself to fwd on.

I'm sorry you're in this situation, it's really unfair

@WhoIsBU I didn't know that. Thank you!

The LL is aware; but her and her family live abroad so are very rarely here.
There's no one with a key in this country to access the storage unit but she is back in the country next month!

She is going to look and see if she has a copy saved on her computer but other than that there isn't much she can do.

Thank you again.

OP I am sorry you have to deal with this whilst grieving for your DM.

It's a PITA.

Couldn't afford the funeral I wanted for DM due to their incompetence fucking up my credit score.
I feel guilty that she didn't have a decent send off because I had to beg, borrow and steal to afford a basic package instead of being able to do what I should've been able to.

Car situation is also a nightmare.

This all down to BG. Add that to the PTSD, debt collection, constant phone calls, emails and letters trying to sort this out and I've had enough.

@PeachesPlumsPears thank you

It's an absolute nightmare.

It really is. I've been battling it for just over a year now.

Be aware that when I sent them all the proof that I lived elsewhere, they responded to say that didn't mean I hadn't set up an account at her house too, and when I asked for proof of account signing they said it was all done online. Request the forms even if that happens - they were hesitant to send them but I argued it was my data, and did manage to point out that the email address and details clearly didn't match the name that was put down, which their systems should have flagged.

My next step is the Ombudsman who I've already had a good chat too, but he can't act until I've got a final response from British Gas. They're supposed to be calling me at lunchtime... we'll see.

please try not to stress too much. The effect on your credit report is horrible and it's hugely effected me this year but I'm determined to sort it out, and I'm sure you will too. Look after yourself.

Bless you, that's awful for you. You're grieving and this is compounding that.

Have you gone to Citizen's Advice Bureau?

Presumably your relative will have record of the rent being paid? Could they email you bank account statements ( easily downloadable by online banking)? Contact council tax? Can be done by email/phone? Could they not even just write a letter , witnessed by a solicitor, stating that DM lived in the property during that time? What about housing benefit offices? Would they be able to help?

Don't worry about your mum's funeral, since it was her that defrauded you and left you in this position, then it was wonderful of you to do what you could xxxxx She sounds like a difficult person to love, and grief is love too and she's still being difficult to love. Sounds like you are doing your best by her still. I'm so sorry that her illnesses prevented her being a good mother to you and that you are still having to deal with that. So sorry x You'll get through this though. You will xxx

Also if the fraudulent account was set up over the phone, ask them for the recordings of any calls as these might be helpful up both for what was said when account was set up and identity (voice different than yours). I would also try CAB for help if you are.struggling to get this resolved.

@AnchorDownDeepBreath did they give you a call?

I had the person dealing with my complaint on the phone before basically telling me that as far as they were aware it was my account and therefore I'm liable.
Even if I prove otherwise I'm still somehow liable because 'that's how probate works' - DM had no will, no money.
It's crushing me having to repeat that statement over and over again; drags up the horrible memories of just what sort of place she was in before she died.

I'm definitely taking this to the ombudsman; they don't know their arse from their elbow.

@cuspish your lovely message has got me crying. I really needed to hear that. Thank you.

I've contacted the council for a bill and got a few bank statements coming to me from the LL.
That's all I've got the energy for today, I'm tired and upset.

@Suze1621 I asked for copies of any phone calls and have been massively fobbed off - they don't want to help me but the looks of it

I haven't managed to read all of this but I am a landlord and have been asked before to verify the date a tenancy started. You should have been given a tenancy agreement. If I was your landlord I would give you an AST and a covering letter clearly stating the date from which your liability started. Most utilities will do nothing without this

Okay, step back for a second.

Did DM have a will? Was there any money at all in her estate? Are you the executor?

British Gas will drag their feet about getting you a final response so you can take this to the Ombudsman, if my experience is anything to go by... please don't let them cause you further upset. I didn't have a death to deal with and found it really hard going initially because of the effect on my credit file, but they're so slow you have to separate it out in your mind a bit and just fight them slowly, I think.

What evidence have they said that they want that the account wasn't yours?