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Up until March of 2015 Xcel (gas and electric) was in my…

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Up until March of...

Up until March of 2015 Xcel (gas and electric) was in my name, I got shut off owing $1701.32, My significant other (Josh) opened an Xcel account in his name, which is where it has been ever since.Unbeknownst to me we were shut off for non-payment last week. Josh was able to get the power turned back on, then Wednesday all of the sudden we were without power again. I called Xcel and they stated I owed a current $1175.20? Which was odd because my previous balance was $1701.32 and had been in collections since March 2015. I was told, by an Andrew @ Xcel, I could set up a payment plan for this $1175.20 and as long as I made a payment right then power could be restored and I could slowly pay off my balance a little bit at a time monthly with my current payment, I should not have a current payment, my account was closed.
I called again Thursday afternoon and was transferred to a ***** ***** (revenue protection investigator) who told me I have to pay $3800, in full, to get the power turned back on and Josh (my significant other) is now all the sudden on my account as well. He and I have no financial obligations together, we never have. I ask Jim about this, and he went on to tell me Josh owes $2800 that does not include $1175.20, which he began calling my current balance, even though I don't have a current account with Xcel. I got very upset and explained to Jim that I am selling the house, the power needs turned back on for inspection. I straight up ask Jim what needs to be paid to turn the power back on and he says he'll look into it and call me back, he doesn't. I call back and speak to someone who tells me I can have the service restored by making a payment (my balance was still showing to be $1175.20??) and arranging a payment plan, or Josh could do the same on his account that has a balance of $2800. I go to pay off the $1175.20 and my account that had been charged off was reopened but this $1175.20 was added to my old balance of $1701.32?? (2875.52) I call Xcel yesterday morning and am told I have to deal with ***** ***** only, I cannot even pay off the $2875.52, which is what I called to do. This entire time we still have no power, I have two children!!! I receive two voicemails while I'm at work (from this Jim, and I still have the VMs) saying he is combining Josh and I's separate accounts, which he did not have permission to do. He added Josh's outstanding balance of $2800 to my charged off (but now reopened)$1701.32 balance. Then added another $1175.20. He then told me the entire amount has to be paid in full in order to restore any power to my house that is under contract awaiting inspection?????Josh then gets a text message from Xcel, TODAY, showing he still has his own account owing $2800 that is due in full, Sept 28 (account ending in 7571). This ***** ***** goes as far as to say on my voice mail - I (me) have to pay off MY outstanding Xcel bill, this $1175.20, and Josh's $2800 IN FULL before power will be restored, only then could I get an inspection and sell my house." ???I offered to pay my $1701.32 balance in full Thursday afternoon, as long as I got a gaurantee the power would be restoredl Now there's an extra $3800 on my account with nothing listed under the bill description????This Xcel guy is intentionally making it so we can not turn the power back on to knowing I'm trying to get an inspection done and sell the house.!!?!
All of the sudden, I have a $5576.52 Xcel bill that appears, on paper, to be 29 months delinquent!!! However, it was sent to collections in March 2015, and now Josh's balance +$1175.20 is all on me?!!!!?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Has any paperwork been filed?

No

Submitted: 12 months ago.Category: Real Estate Law
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Answered in 3 hours by:
9/23/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 12 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 127,642
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Real Estate Lawyer: Law Educator, Esq., Lawyer replied 12 months ago

First, what you did, canceling your account and opening another account in Josh's name at the residence does not wipe out the utility bill. Even if your name was not on the new account and was on the old delinquent account, the account is tied to not only your name but the address as well. What this means is that before they turn on the power at that address for ANYONE, they can insist the balance be paid even if it is not their balance in their name. Power companies are regulated by your public utilities commission, so if you have a dispute over billing and utilities and they will not negotiate any payment with you, the first recourse you have is filing a complaint to the public utilities commission and if they cannot resolve the complaint and you still dispute the bill, your final recourse to get power turned on is to file suit in court claiming they improperly disconnected your utilities and prove you do not owe what they claim you owe and you need a court order to get the power back on.

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