SevenTrent Bill nothing to do with me (Debt collectors on me, need help)

D-Omen · 31 October 2012 at 12:58PM

Aslo I think they made a mistake I need to check, before they said the bill period was from 2001 to 2007, on this latest letter they say its from 2007 to 2011 (With days/months)

Shall I bring them up on that and what should I say?

Also it's still possible they may ask for more evidence which I don't have (As only lived at parents don't have no tenancy agreements etc) they are stubborn what should I add to letter.

dancingfairy · 31 October 2012 at 1:48PM

You don't have to provide evidence you are the debtor in question, it's up to them to prove you are, and sending evidence of who you are ,where you live(d), unfortunately can, in some cases be used against you by dodgy debt companies (not saying this is true of this situation but the less you send off information about yourself the better , in my opinion).
There should be a template letter on here somewhere, hang on. I'll see if I can find it for you.
df
Edit: the letter you need is here:
http://forums.moneysavingexpert.com/showthread.php?t=2607247
I'd maybe add a bit in and say that this is the second time you have sent a letter in this manner, explaining that you are not the debtor and any more contact and you WILL report them to trading standards and the OFT.
Oh and if they do contact you again, please do exactly that. The more people that comaplin about dodgy debt collection tactics the better.
Oh and don't talk to them on the phone, it's only another opportunity for you to get sucked in to them and some companies will ie and twist things and try and get payment out of you or get you to admit to a debt that isn't yours.
What letter have they sent you today?

VitaK · 31 October 2012 at 1:53PM

You are under no obligation to provide any details to them, though it may help. It is up to the them to establish you are the debtor, not the other way around.

Some reading.
UPDATED OFT Guidance on Debt Collection - READ IF YOU ARE BEING HASSLED UNFAIRLY

Please remove the reference number.

D-Omen · 31 October 2012 at 4:17PM

Thanks for the replies and advise appreciated.

dancingfairy wrote: »

You don't have to provide evidence you are the debtor in question, it's up to them to prove you are, and sending evidence of who you are ,where you live(d), unfortunately can, in some cases be used against you by dodgy debt companies (not saying this is true of this situation but the less you send off information about yourself the better , in my opinion).
There should be a template letter on here somewhere, hang on. I'll see if I can find it for you.
df
Edit: the letter you need is here:

I'd maybe add a bit in and say that this is the second time you have sent a letter in this manner, explaining that you are not the debtor and any more contact and you WILL report them to trading standards and the OFT.
Oh and if they do contact you again, please do exactly that. The more people that comaplin about dodgy debt collection tactics the better.
Oh and don't talk to them on the phone, it's only another opportunity for you to get sucked in to them and some companies will ie and twist things and try and get payment out of you or get you to admit to a debt that isn't yours.
What letter have they sent you today?

Okay I understand you and thanks for the link. The letter they sent today was what I posted in my last posts. (Its above my last post before this)

VitaK wrote: »

You are under no obligation to provide any details to them, though it may help. It is up to the them to establish you are the debtor, not the other way around.

Some reading.

Please remove the reference number.

So should I send them the credit report or not then? Bit conflicting information here.

I have the"Prove it" letter ready anyway, so I guess I'll just send that without the credit report.

VitaK · 1 November 2012 at 11:14AM

It is unfair to place the burden of proof on the person being persued for a debt to establish they are not the debtor. That said, if you do have proof of residency then you could prove you are not the debtor and they should update there records and leave you alone. In doing nothing, they may still think (incorrectly) that you are the debtor trying to avoid the debt.

xylophone · 1 November 2012 at 5:02PM

You might try something along the following lines:

Dear Sir/Madam,

Re Advantis ref 4675015

I write with reference to previous correspondence and to your letter of....

As previously advised, I have never lived at, nor had any connection with, FLAT 1A, WELLINGTON SQUARE, NOTTINGHAM, NG7 1NG, nor have I ever been a customer of Severn Trent Water.

With regard to your request for tenancy agreements relating to my address between 2001 and 2011,
as I have always lived with my parents, (owner occupiers), no such documents exist.

I do, however, have a copy of my credit report from Experian
which shows that I have only ever lived at ..
and also copies of bank/building society/tax statements for the period to which you refer.

I would remind you that I have no legal obligation to prove that I am not the ex-tenant of the property in question; the burden of proof is yours.

I consider that the actions of your company in continuing to pursue me for a debt that you have been repeatedly advised is not mine amount to harassment; if this continues, I intend to report your company to Trading Standards and to the OFT.

I trust that this will bring an end to this matter and I await your speedy confirmation that this is the case.

Yours faithfully,

VitaK · 1 November 2012 at 7:16PM

You could send the 'prove it' letter and make it part of a formal complaint as they have not followed OFT debt collection guidance in ensuring the person they are chasing is the actual debtor. Complain to FOS if they continues. Complaint to OFT regardless.

Have you spoken to the water company about this.

I would think very carefull about refusing to provide proof of residency should it be requred. After all, it is in your best interest to make this problem go away as smoothly as possible.

CAB might be able to help with the complaint.

D-Omen · 2 November 2012 at 3:30PM

Thanks everyone for the responses and advise ,it helps allot.

I am going to send them the credit report just to see if this will get them of my back with the following letter below, however if they don't close it I will report them to the Trading Standards & OFT and send them the prove it letter (With some edits and confirmation here first)

I have not spoken to the water company, maybe I should try that as well and if so what should I say?

Dear Sir/Madam,

Re Advantis ref *******

I write with reference to previous correspondence and to your letter of 25 October 2012.

As previously advised, I have never lived at, nor had any connection with, FLAT 1A, WELLINGTON SQUARE, NOTTINGHAM, NG7 1NG, nor have I ever been a customer of Severn Trent Water.

With regard to your request for tenancy agreements relating to my address between the dates you mention, as I have always lived with my parents, no such documents exist.

I do, however, have a copy of my credit report from Experian which shows that I have only ever lived at "**************** & *****************" which is all the proof you need.

Even though I have provided this evidence (Out of good will to close this matter) I would like to remind you that I have no legal obligation to prove that I am not the ex-tenant of the property in question; the burden of proof is yours.

I consider that the actions of your company in continuing to pursue me for a debt that you have been repeatedly advised is not mine amount to harassment; if this continues, I intend to report your company to Trading Standards and to the OFT.

I trust that this will bring an end to this matter and I await your speedy confirmation that this is the case.

Yours faithfully,
***************

VitaK · 4 November 2012 at 9:25PM

They might be able to confirm you are not the actual debtor.

Be friendly with them, its more likely the debt collection agency made a mistrace than the water company gave them your details. Dont settle for anything less than them looking into this.

D-Omen · 12 November 2012 at 11:17PM

Okay they have responded and its not good, its dated 8th November, got it today.

Can you guys have a look at this and please tell me what I should do next. I need full guidance in what to do, for example if I have to report them to anyone I need to know how to do it, what to say and send etc.

But I really think something else needs to be done here, what if Severn Trent genuine believe I owe them the debt? If so then making these letters is pointless if advantis are ignoring them and proceeding anyway? (Based on the instructions of Severn Trent)

Thanks in advance.

LETTER BEFORE ACTION

We are contacting you concerning your unpaid debt to our client Severn Trent Water. Despite previous attempts this matter is unresolved and we have been instructed to commence recovery proceedings.

Our client would prefer not to take litigation action against you because the cost would be added to your debt and a County Court Judgment (CCJ) would affect your ability to obtain credit in the future.

To avoid recovery proceedings please make payment in full via one of the method detailed on the reverse of this letter, or contact us IMMEDIATELY on ****** to discuss repayment of your debt.

Then say about monthly payments maybe etc.

If you believe you have a genuine reason for not paying this debt please contact us so that we may assist you in bringing this matter to a close before further costs are added to the amount you owe. It would harm your defense to our Claim if you choose not to bring any genuine reason for non payment to our attention before Court proceedings are undertaken against you.

This is the final letter before recovery proceedings will commence.

SevenTrent Bill nothing to do with me (Debt collectors on me, need help)

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