Utility Charges When Buying/selling A House ......

[Gizmonster]

I'm sure I know the answer to this, but I need corroborative evidence, before I ring First Utility up and rollock them.
My mum signed contract for buying a house and approx 2 weeks later, the contracts were exchanged and she moved in, the same day that the contracts were exchanged.
She's since had a bill from First Utility, which she didn't question and paid.
However, she's had another bill recently, so she rung up and queried it. They said that the first bill was from the date that the contract was signed, even though she didn't move in until approx 2 weeks later.
First Direct are adamant that she's liable for any bills, from the date that the contract was signed and not the date she moved in - surely this is wrong ..... but I need some ammunition to hit them with, when I ring them up.
Any ideas please ??

[Islay]

No she is liable for the usage of services from the day the property becomes hers ie the date the contracts are exchanged.
Up to that point the previous owners are responsible for the services and costs.

[Fitzer]

She's liable from completion, not exchange of contracts, you don't move in on exchange of contracts but on completion (this is England I assume, Scotland is different). Of course you don't have to move in on completion, I moved into my flat 10 days after completion. What may have happened is that the previous owners gave exchange of contract date as the last day they were liable, which would be incorrect.

[Gizmonster]

It's in England this.
She did tell them that the date in question was the date that she signed the contract and not the date that she exchanged contracts and moved in.
First Utility are adamant that they are correct.
I think I might need to ring them and just threaten them with the Ombudsman and see if they back down ;)

[Fitzer]

The date she signed the contract is the date of exchange, completion is the day the money changes hands and she got the keys. At that point she should have read the meter(s) so that she could confirm the readings with FU as she became liable for the bills from that point onward. It may just be a mis-communication regarding terminology as signing there seems to be some confusion here about it. Exchange and signing of contracts comes first then completion a week to a month or so later.

[Fitzer]

^^^ One too many 'signing'
It may just be a mis-communication regarding terminology as there seems to be some confusion here about it. Exchange and signing of contracts comes first then completion a week to a month or so later.

[fiction-factory]

When you say "First Direct are adamant that she's liable for any bills..." did you mean First Utility? She shouldn't have paid the first bill and i cans ee why FU may not want to refund her until they can get the money from the original owner of the property, but based on what you say FU are wrong- she should not have been liable before completion.

[237SJ]

Signing the contract is not the same as exchanging the contract. You can sign contracts on purchases that have subsequently fallen through - it has happened to me. Did she take a meter reading on the day of exchange/completion? (it's always a good idea to take of photo as proof as well)

[Gizmonster]

//// When you say "First Direct are adamant that she's liable for any bills..." did you mean First Utility /////

oops - yea I meant First Utility

[fiction-factory]

Thought so. I was just making sure you weren't trying to get the bank to recover the money via sort of chargeback

[Peter Pedant]

yeah first of all you need to sort out to yourself

when contracts were exchanged ( dinging is irrelevant)
and when completion was

"approx two weeks later contracts were exchanged and she moved in" - she would only be given possession ( right to move in ) when the sale was completed

it is extremely unlikely that she was given possession on exchange of contracts

so ... sort out the dateof completion and say you will pay charges from that date....

the tech might be confused with contracts for a lease .....

you have mentioned three dates
there is only one date that is important - completion

[Gizmonster]

Thanks for all the replies - you've just confirmed the logically correct answer.
I'll ring them later and stress that the date that matters, is the completion date .... thanks to all ;)