Whose fault is this?

Question

Here is the synopsis:

We moved into a new home back in July. Electricity is on. We call the electric company and try to get service in our name. No luck. The company tells us that although they were not at liberty to say who was on the electricity account to our residence (customer privacy), that it had been paid. We talk to the next man in charge, same story. Same story song and dance until September. We then go to our landlord and ask her if she knew what was up with our electric bill. She had no clue either and said we only owed her rent and nothing else.

Finally, we get the electricity on in September in our name. Great. Okay, we ask the electric company what was the issue. They are not at liberty to discuss. Okay. Fast foward 3 weeks. We get a nastygram from not the landlord we rent from, but the BUILDER of the home who says we owe her $600 something bucks for the electric she FORGOT to turn off once the property was relinquished to the landlord.

continued...

...we laugh at this letter. Then the phone calls begin. We ignored the first ones because they were quite nasty and rude (taped on answering machine). Later sha calls when she is composed and states she understands that this is her fault, and decides to "cut us a break" and only is asking for half of the amount ($300 somethng bucks).

So, she admits that she was at fault for leaving the electric on and sending us through a merry-go-round trying to get the electric in our name because we kept hitting clandestine roadblocks...and since she of course had to pay up to the electric company, now she wants us to meet her half way on her forgetfulness. LOL.

What should we do? Whose fault is this? Do we pay for this mistake that is her fault? We simply figured the electric company had had a snafu and we'd eventually be honestly billed what we owed.

Answer 1

While reaching a compromise would be the nice thing to do since you WERE using the service, you are not obligated since you took every step you knew of to make the change. It is not your fault if you contacted both the electric company AND the landlord. If anything, this gripe is between the builder and the landlord, as the landlord is the one technically owning the property.

Answer 2

I'm not a lawyer, so this is simply my opinion...

If this were me, and I had been contacted by a builder confessing to her mistake, and asking me to do the right thing, I'd pay the electric for the time I occupied the house. But if her contact starts off with threats and nastygrams, all bets are off. As she admits, it's her mistake, and you made an honest effort to put the electric in your name. If she's going to start right off threatening, well then, too bad, so sad...at this time you've nothing to lose but a couple hours in small claims court, a small filing fee, and money you admit you should really pay anyway. Make the contractor work to get that money back.

Answer 3

You made every effort to get the electricity in your name from the very beginning. That shows due dilligence, or whatever it's called. Hopefully the electric company kept records of your calls to them.

You shouldn't be responsible for the builder's error in not having the electricity terminated in her name so that you could get service in your name.

I'd not pay her a dime, unless you're feeling generous. If so, she should send you copies of the bills in question so that you know what the actual charges were and not just take her word for it.

If you don't want to pay her, let her take you to small claims court. You'd more than likely win.

You might also inform her that what she's doing is harrassment and could get her into trouble if you decide to persue it. She was on the account for that address, not you, so she was responsible for payment, not you.

You should run this by a lawyer though. Some will give initial consultations free of charge to see if you have a leg to stand on or not.

I'd hate for you to get into trouble by following advice on an open forum such as this.

Answer 4

The electric bill was in her name. There's nothing she can do to you. Legally, her end of the story would never hold up enough for a court to try to make you pay her. Keep laughing, because it's all her fault, and she can't come after you for her own mistake. She's just trying to intimidate you and get some of her own money back for her own mistake. Don't pay her anything!

P.S. A judge can't make you pay it on moral grounds.

Answer 5

Put your rent money into an escrow account, and tell her that you will not be paying rent until the bill is cleared up, and in your name. Document when you went to the electric company and in good faith tried to resolve this. Document your conversations with the land lord, who is obviously the one who dropped the ball by not reminding the builder, regarding this issue. Tell them to try and evict you, and then mention that paper work, court costs, and filing fees would far exceed $600. Not to mention loss of income. Then when they do pay it, take your rent money out and give it to her.

Answer 6

odd thing that electric company wouldent go ahead and make the switch. but in any case really odd she dident knowticed in many months she was still paying the bill. To be honest i would probally meet halfway cause you were using the electric on her dime. If she takes it to court it is very possible they will give her all of the cost cause judge will say electric not free or some jazz

Answer 7

I wouldn't pay for it! Document anything you've done regarding this (including phone bills with records of calls to the Electric company, they should have records too), plus document all the conversations you had with the landlord (if not done previously, estimate the date and conversation.) It's not your fault and I'd fight it tooth and nail!

Answer 8

Legally it is her problem. You don't owe her a thing. Really, though, you were planning to pay the bill, so meeting her halfway doesn't seem so unreasonable. On the other hand, why did she have to be such a jerk about it? That reason alone would make me want to stiff her.

Answer 9

Wow I guess she should of rememberd to take care of her business. You did your part and tried to get the electricity in your name and couldnt. But, on the othe hand you would of had to pay it any way if it was in your name. Its your choice to pay it or not. Remember your name is not on the bill. If you do pay it ask to see the bill first.

Answer 10

I would not give her one dime. You did everything possible to rectify the situation. This should be a valuable lesson learned on the builders part.