Cafe owner faces ruin over debt mix-up

Aug 28 2009 by Lisa Boyle, Ayrshire Post (main ed)

A BUSINESSWOMAN faces financial ruin thanks to someone else's debts.

Jaqui Crate is at the end of her tether because bills addressed to someone else keep falling on her cafe's doormat.

And last week, things reached a costly climax when Scottish Gas cut off the electricity in The Railway Cafe.

The energy company refused to listen to cries that Jaqui and her husband were not the previous tenants of the Smith Street cafe.

Hugh Crichton and his wife Morag ran up a debt of £11,000 before walking away from the business.

The hasty decision by Scottish Gas to switch off her power cost Jaqui four days trade and thousands of pounds worth of stock.

Jaqui said: "I've not been sleeping and I've been physically sick.

"I'm trying to build a business and I'm worried it's going to be taken from under my feet.

"I spent a fortune bringing this place up to scratch.

"This is the worst start possible and I want people to know that I am an innocent part in all of this."

A representative from Scottish Gas turned up at The Railway Cafe on Thursday morning to cut off the supply.

Morag Crichton was the previous lease holder of the cafe, although the Scottish Gas account was in Hugh’s name.

Jaqui claims her husband asked for ten minutes to go home and get ID, including a letter from Scottish Gas confirming that their new account had been set up on May 15 – when Jaqui took over.

The Ayrshire Post has a copy of the letter.

But the couple say Scottish Gas would not allow them that opportunity and cut the electricity off regardless.

Jaqui has had several letters from Scottish Gas addressed to Mr Crichton, but she has returned them unopened as they were not addressed to her.

She contacted Scottish Gas to set up a new account and explained that she was unable to provide them with a copy of her lease.

Jaqui explained: “I told them I was in there on the authority of the landlord. My lease hadn’t been signed yet as there was maintenance work being carried out before I signed it.

“I contacted them several times to have this matter resolved.”

Lockhart solicitors released a statement on behalf of Mr Crichton.

It says: “An arrangement was entered into on April 2009 by our client with their creditors to meet any outstanding liabilities.

“Since April 2009, our client has met the agreed monthly payments.

“At the beginning of this month our clients received a letter from British Gas.

“Mrs Crichton telephoned them on August 5, 2009 and was advised that although records indicate that Mrs Crichton is no longer the tenant, the incoming tenant had failed to adequately notify British Gas that they became responsible for the electricity supply.

“Our clients were advised that records could only be updated once confirmation was received from the incoming tenant.”

Jenni Lang from Scottish Gas claimed: “We contacted Mrs Crate several times prior to her disconnection asking her to provide proof that she was the new tenant, she was unable to provide this information.

“When our engineer attended the property a gentleman running the café would not supply his name and would not call the landlord to allow us to confirm the change of tenancy.

“Under the circumstances the police present at the scene advised British Gas to proceed with cutting off the supply.”