Debt Company - harrassment

Annie_Fanny · 18 December 2005 at 10:24PM

Hi everyone

I wondered if anyone could help me sort this problem out - what are my rights etc?

I got a letter from Buchanan Clark and Wells saying I owed Scottish Power £134.52.

The letter is as follows:

FORMAL DEMAND

We have been instructed by Scottish Power to recover an overdue debt, in the sum of £134.52, on their behalf.

Our clients have informed us that they are unaware of any legitimate reason for non-paymer of their account and although they would prefer an amicable settlement, will not hesitate to commence Legal Proceedings if necessary.

Please call our Payment Line immediately on 0871 700 1840 to make immediate payment by Credit/Debit Card or to set up a Direct Debit Mandate. Payment is also accepted online at https://www.paybcwonline.com. Alternative methods of payment are detailed overleaf.

Should there be any matter that you would like to bring to our attention or should you require to discuss you financial circumstances in relation to the debt, please call us immediately. Opening times are detailed overleaf.

Yours faithfully

.......................

I called Scottish Power direct to query this 'debt' and found out that money owed was from a time when I did not live at the property. So I do not owe them a penny. Scottish Power asked me to supply evidence of having moved out of the property and that they would 'call off' the debt collectors.

But then I got another letter from B C & W:

FINAL NOTICE

We refer to previous correspondence regarding our client Scottish Power and regret to note that your debt, in the sum of £134.52 remains outstanding.

Since you have failed to notify us of any legitimate reason for non-payment we can only assume that you do not wish to settle this matter amicably.

Accordingly, this letter should be accepted as Final Notice that unless payment is made on or before close of business on 20 December 2005, we shall seek to commence Legal Proceedings against you, seeking payment of Interest and Costs in addition to the Principal Sum.

You can contact our Payment Line blah blah blah

....................

Obviously I will be sending the required information to Scottish Power in the next few days but what can I do to keep B C & W off my back? This is incredibly frightening and my partner is very upset. If it wasn't for the MSE board I wouldn't know who to turn to for help - but feel calmer knowing someone will be able to advise.

Please help!

Annie

---lee--- · 18 December 2005 at 10:30PM

Was the letter addressed to you or just the occupier?

What I am wondering is how they decided it was you that owed the money when it was (and still is) someone else’s debt.

Loretta · 18 December 2005 at 10:35PM

Annie_Fanny wrote:

Hi everyone

I wondered if anyone could help me sort this problem out - what are my rights etc?

I got a letter from Buchanan Clark and Wells saying I owed Scottish Power £134.52.

The letter is as follows:

FORMAL DEMAND

We have been instructed by Scottish Power to recover an overdue debt, in the sum of £134.52, on their behalf.

Our clients have informed us that they are unaware of any legitimate reason for non-paymer of their account and although they would prefer an amicable settlement, will not hesitate to commence Legal Proceedings if necessary.

Please call our Payment Line immediately on 0871 700 1840 to make immediate payment by Credit/Debit Card or to set up a Direct Debit Mandate. Payment is also accepted online at https://www.paybcwonline.com. Alternative methods of payment are detailed overleaf.

Should there be any matter that you would like to bring to our attention or should you require to discuss you financial circumstances in relation to the debt, please call us immediately. Opening times are detailed overleaf.

Yours faithfully

.......................

I called Scottish Power direct to query this 'debt' and found out that money owed was from a time when I did not live at the property. So I do not owe them a penny. Scottish Power asked me to supply evidence of having moved out of the property and that they would 'call off' the debt collectors.

But then I got another letter from B C & W:

FINAL NOTICE

We refer to previous correspondence regarding our client Scottish Power and regret to note that your debt, in the sum of £134.52 remains outstanding.

Since you have failed to notify us of any legitimate reason for non-payment we can only assume that you do not wish to settle this matter amicably.

Accordingly, this letter should be accepted as Final Notice that unless payment is made on or before close of business on 20 December 2005, we shall seek to commence Legal Proceedings against you, seeking payment of Interest and Costs in addition to the Principal Sum.

You can contact our Payment Line blah blah blah

....................

Obviously I will be sending the required information to Scottish Power in the next few days but what can I do to keep B C & W off my back? This is incredibly frightening and my partner is very upset. If it wasn't for the MSE board I wouldn't know who to turn to for help - but feel calmer knowing someone will be able to advise.

Please help!

Annie

What is so difficult in this situation is you realise that the debt is not yours you have contacted scottish power and you are negociating with them but all the time you have the debt collectors harrassing you. I understand that when a debt is in dispute as yours is, Scottish Power should notify any debt collectors they have instructed and should ' call them off'. I think that it is actually either a criminal offence or against the rules of their credit licence for this to happen.Phone your local Trading Standards tomorrow. look at my previous thread about this problem it does seem impossible to stop these debt collecting scum. Watch this site for similar problems and lots of good advice. This happens all the time you are not the only one trying to deal with this problem.

Mark7799 · 18 December 2005 at 10:41PM

Annie_Fanny wrote:

....................

Obviously I will be sending the required information to Scottish Power in the next few days but what can I do to keep B C & W off my back? This is incredibly frightening and my partner is very upset. If it wasn't for the MSE board I wouldn't know who to turn to for help - but feel calmer knowing someone will be able to advise.

Please help!

Annie

How about sending copies of the correspondence to BC & W as well. If Scottish Power aren't keeping them in the loop, this may be why they are still writing to you?

I know it SHOULDN'T be your job but if it stops the hassle for the sake of a stamp..

Annie_Fanny · 18 December 2005 at 10:47PM

The letter was addressed to me.

I had lived in the property between May 2003 and December 2003 but moved out late December 2003 to move into a property which I had bought. Scottish Power said that be trying to trace me for a period of time but had only just tracked me down. The 'debt' turns out to be from a period between January 2004 and I think March 2004 but of course I wasn't living there. But they said I had never informed them that I had left and so they believed I owed the money to them. I tend to contact all utilities companies etc etc when I move but I honestly cannot remember if I contacted them or not but I would assume I did.

I cannot believe I have to spend hours of my life sorting this out - it is really frustrating!

jcr16 · 18 December 2005 at 11:22PM

surely tho someone else moved into the property after u or was it just left empty. in which case no power would of been used.

i can see how it is frustrating. but tell your partner not to worry , it will get sorted.

Annie_Fanny · 18 December 2005 at 11:27PM

Yes somebody else moved in.

---lee--- · 18 December 2005 at 11:55PM

I must admit, I'm getting a bit lost with this one. I think I'm being a bit thick tonight.

1) Did you tell your suppliers that you were moving (and where to)?
2) Did you give final meter readings to the electric and gas suppliers when you left?
3) Did you get and settle a final bill from the suppliers.

If it's yes to all 3 then I can't see how your responsible for any further bills.

It was 5 years ago when I last moved and I can remember doing the above. As far as I know that's the process you have to go through.

System · 19 December 2005 at 3:22AM

Annie_Fanny wrote:

Yes somebody else moved in.

Can you provide sufficient proof of that to Scottish Power? Or have you already?

If you have got such proof, and a Court Claim is issued, I'd imagine that proof would mean the Claim getting thrown out.

For free legal advice, try https://www.clsdirect.org.uk

Best wishes
Dave

jcr16 · 19 December 2005 at 9:12AM

thinking about it , i had something very similar a couple years back. we moved out of our flat and advised of new address. gave final reading's and a bill was produced for £78. i phoned them up as they got the dates wrong. i gave the correct dates and this changed bill to £48. so i sent a cheque and end of. anyway nearly a year later i got a debt collection letter saying i owed £78. i spent hours on the phone. and i couldn't find any bank statements as we had just moved yet again. anyway the lady i was speaking to just couldnt understand why it had taken a year for them to contact me and didn't understand what was going on. so she just wrote the bill of. she said she was appauled that after a year they had contacted me. as she said they will usually only allow an outstanding bill for a couple months. but i glad it sorted.

Annie_Fanny · 19 December 2005 at 6:52PM

Update:

Have spoken to Scottish Power 3 times today and was advised to fax my letter and evidence through rather then posting. They have confirmed that they have received the fax and I have been assured that they will contact Buchanan Clark & Wells to tell them to 'back off'.

JCR16 - they contacted you after a year - my length of time is 2 years! The first person I spoke to at Scottish Power said they had been trying to trace me for some time, (I feel like a fugitive!). I like the way that they have been trying to trace me for 2 years but Buchanan Clark & Wells only gave me about 20 days to cough up before setting their dogs on me!

I wonder if this will have affected my credit rating?

The tone of the letters from Buchanan Clark & Wells is disgusting. Imagine a vulnerable person receiving these letters - they would be scared witless.

Debt Company - harrassment

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