Legal Question in Consumer Law in Pennsylvania

Re: Gas Utility

You asked about paying utility back charges for gas used.

This could go either way, in the company's favor is the fact that you may have actually used gas for which you did not pay.

In your favor is the fact that the company can't conclusively establish that you actually used any more gas than you have been charged for. Moreover, 1) no one can establish when the meter was titled, and 2) the utility had the opportunity each and every month that the meter was wrong to correct the problem. This would be a defense called laches (essentially, the company allowed the problem to exist and continue and therefore the company bears responsibility).

I would suggest that you negotiate with the company. You will probably need to either defend a claim from them or prosecute them when they send the matter to collections. It may be easier to settle for a much much smaller number for a back-charge. I would suggest starting at 10% and going up from there. At some point it will not be cost effective for them to argue or you to hold out.

Stop dealing with the telephone operators and insist on speaking with more and more senior managers. Don't be afraid to send letters to the President, CEO or members of the board. Squeaky wheel gets the greased.

Regards,

Roger

Re: Gas Utility

A client of mine recently had a problem with a utility company which he alleged was overbilling him. He filed a Complaint with the PUC and resolved the Complaint with the Utility Company after filing. Prior to filing they would not negotiate. You may have to file a Complaint to get negotiation going. Since this is a 60 month payment they are asking for, the amount must be significant. If so, it is probably a good idea to be represented by a local attorney.