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  • FIRST POST
    • scotgal30
    • By scotgal30 29th Nov 17, 2:07 PM
    • 2Posts
    • 0Thanks
    scotgal30
    LCS Debt Recovery for energy supply- not our debt!
    • #1
    • 29th Nov 17, 2:07 PM
    LCS Debt Recovery for energy supply- not our debt! 29th Nov 17 at 2:07 PM
    New to this forum and seen a few threads about LCS debt recovery so thought it would be a good place to start for advice.

    My partner just got a letter to his address (where he lives with his parents) from LCS saying:

    Mr x
    Parents address
    Postcode

    27/11/2017

    Dear Mr x,

    Our case ref: xxxxxx
    Re client: Scottish Power
    Client Ref:xxxxxx

    I write with reference to the above mentioned case number outstanding Scottish Power invoice.

    We have recently undertaken an investigation into the utility supply of x address. between xx/xx/2014 and xx/xx/2016. Our investigation has led us to believe that you have moved from the supply address to the address above and are the person(s) responsible for the consumption of this supply. Please contact us on (their number) so that we can discuss repayment of the outstanding invoice.

    Please note the information received is regarded with the strictest confidence.

    Yours sincerely.
    xyz


    Now my partner has never had energy with this supplier at all, in Jan 2013 he moved in to that address with his then partner and moved back to his parents (Nov 2013) very soon after as it didn't work out between them, as far as he knows she could even still be living there. She had been living there for 4 years previous to him moving in so everything was in her name.

    How have these people got his address? name etc? How come the energy supplier hasn't given this company the name of the account holder of the energy supply?

    The only way I can think they got his name is because he did have a telephone package at that address for the time he was living there and cancelled when he left - did they search the address through the credit reference agencies and decided to pin it on him?

    How does he respond to this letter - as it is addressed to him, I am guessing will have to contact them to say it is not his debt? Can they pin it on him even though its not his? Will this effect his credit score? We are desperately saving for a mortgage and do not want this to effect our chances of buying our home - if it was his debt he would pay it but it isn't and we're both concerned about the implications of this.

    If they are playing a guessing game - will they expect him to pass on the debtors details?

    Any help would be amazing - thanks.
    Last edited by scotgal30; 29-11-2017 at 2:40 PM.
Page 1
    • Tarambor
    • By Tarambor 29th Nov 17, 3:38 PM
    • 1,740 Posts
    • 1,195 Thanks
    Tarambor
    • #2
    • 29th Nov 17, 3:38 PM
    • #2
    • 29th Nov 17, 3:38 PM
    Send them a standard do not acknowledge debt letter, stating what you posted above with the dates.
    • sourcrates
    • By sourcrates 29th Nov 17, 8:10 PM
    • 12,670 Posts
    • 12,001 Thanks
    sourcrates
    • #3
    • 29th Nov 17, 8:10 PM
    • #3
    • 29th Nov 17, 8:10 PM
    Provit letter the way to go available from the stickies.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Jscotgal30
    • By Jscotgal30 8th Dec 17, 9:35 AM
    • 1 Posts
    • 0 Thanks
    Jscotgal30
    • #4
    • 8th Dec 17, 9:35 AM
    • #4
    • 8th Dec 17, 9:35 AM
    Hi All thanks for the feedback. I sent a prove it letter. On the letter I said he categorically disputes it and has never had an account with that supplier at that address. I quoted the FCA: “A firm must not ignore or disregard a customers claim that a debt has been settled or disputed and must not continue to make demands for payment without providing clear justification and evidence as to why the customers claim is not valid:
    A firm must suspend any steps it takes or its agents takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds”

    I also added in all of the other paragraphs and sent it 1st class recorded delivery. It was delivered on the 4th. He has since had a final demand letter saying they will take him to court if he doesn’t pay immediately. This letter is also dated December 4th, is it possible the letters crossed paths? Or should I make an official complain of harassment?

    I plan to write a second letter confirming the first letter and should I put in “I will sue for harassment etc” will this scare them off?

    These people are clutching at straws here he categorically never had this account with their client, but his parents can tell they are debt letters and becoming concerned - which is hugely irritating! I have tried to explain to him that if they took him to court they clearly have no evidence, however he is just worried that they will blacken his credit file in the meantime!

    We didn’t want to call and dispute with them as to have everything in writing, but should he?

    Thanks in advance.
  • National Debtline
    • #5
    • 8th Dec 17, 9:58 AM
    • #5
    • 8th Dec 17, 9:58 AM
    Hi there


    It does sound very likely that the letters crossed paths. Is the letter your partner received a letter before claim? That's a specific letter that a company must send before they are allowed to take court action. You will know if it a letter before claim because there will be a response form and it will say your partner has 30 days to respond. You should also find an information sheet and clank financial statement enclosed.


    It's important to check this, as if it is a letter before claim your partner must complete the reply form within the time allowed. There is an option to say the debt is in dispute and/or that your partner wants to seek advice.


    If it is not a letter before claim then you can respond in the way you planned, although you don't have grounds to sue for harassment as I don't think they would have dealt with your initial letter before sending this second letter. State that you have already raised a dispute and are waiting for their response. Ask for all recovery action to be put on hold in the meantime. Again it will be a good idea to send it by recorded delivery.


    Good luck


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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