Buchanan and Clark. Need urgent advice

manojsoni8

I used to live in a property 4-5 years (2004) ago on a sharing basis(sub rented by the original
tenants). I was just staying there while searching for a permanent place to live. There was no
rental agreement for this as I didn't know how long I would be staying. I stayed there for 6
months before moving to another propery for 3 months and then finally moving to a house where I am
living at present (from last 4 years).
Few months ago I received a letter from Debt Collector, Buchanan Clark Wells, chasing me for the
British Gas bill (£915) for the property I lived in year 2003-2004 (above). I rang them and told
them that I was paying the rent which included all the bills. They said the bill was for year
2006-2007.
I sent them following the following documents which shows that I am living in the current property
from last 4 years:
1. Rental Agreement with the current landlord
2. All Bank statements for the year 2006-07
3. Phone and Cable TV bills for 2006-7.
After few weeks they sent me another letter saying they dont want any of the above proofs and would take legal action if i dont pay the bill. I rang them and told them the samething again that I was not living in that property during 2006-07. They asked me for the rental agreement for that property(old) for the time I stayed there. I told them I dont have it.
They asked me to send any proof of my stay there. I went to my bank and requested a copy of my old bank statements for that period. I forwarded the same to Buchanan.
They called me few times on my mobile asking me to pay the debt or they will send the debt collectors to my place.
I luckily found the landlord of that property. He sent me a signed letter clearly writing my stay period in that property. I sent that letter to Buchanan after their next call of harrasment.
But I received a letter last week from their solicitors asking me to pay within 14 days or they will start the legal proceedings against me.
I dont know what to do now. Planning to go to some solicitors and take a lega advice.
Can anyone help on this please.
Thanks,

Cardew

Well you made a mistake even talking to them.

They are not interested in explanations, they just want your money.

Just tell their solicitors that you will see them in court - if you don't owe the money you will get costs.

Search this forum for more on this firm.

tehone

I wouldn't have sent them anything - but lets work with what we've got!

Firstly was your name on the British Gas bill ever whilst you where at the place in 2004, if not then tell them to get lost.

If it was did you give BG a final reading and get a final bill? If not then I'm afraid if you left your name on the bill then irregardless of where you were living it remains your responsibility.

If this is the case then whilst morally the bill isn't yours, it still remains your liability. You could always demand copies of the bills etc.

I'll leave further comment until its established which scenario is the correct one.

manojsoni8

Thanks Cardew/tehone

Just spoke to BG and they said the landlord called them in Sep2006 and gave my name to be registered with them. I also confirmed with BG that I've never registered with them before this bill date.

Will call Buchanan with these details and see what they've got now.

tehone

If that's the case I'd be tempted to give your landlord a piece of my mind - how dare s/he give some random name for a debt that s/he knows isn't yours.

I would simply tell Buchanan, that its not your debt, you believe the debt is actually Mr/Ms X (your landlords), give them all the contact details you have for your landlord and tell them that you never want to hear from them again.

Don't worry about threats of legal action - a) they probably won't actually bother and b) they won't win [based on what you've said]

manojsoni8

Spoke to Landlord. He said somebody with my name has rented his place in 2006 and thats why he called and registered the British Gas on his name.

After the above call I called Buchanan. But they dont agree with anything at all. They keep asking me to provide the Rental agreement for my stay in the old property which I dont have and they know about it.

Got an appointment with the communal free legal adviser tomorrow. Lets see what they can do now.

Would really appreciate if someone can help on this matter.

Thanks,

tehone

manojsoni8 wrote: »

Spoke to Landlord. He said somebody with my name has rented his place in 2006 and thats why he called and registered the British Gas on his name.

Doesn't very likely (unless of course you have a very common name).

I would def. just tell Buchanan to get stuffed (perhaps worded slightly differently!)

A_fiend_for_life

If you had no rental agreement and your name wasn't on the fuel bill I can't see how you can be liable.

Your name appearing on the bill and your landlord providing 'your' name sounds dubious - do have a common name?

I would also be curious about the date of birth and signature the landlord used on signing up as I am sure such details are required. Other folk might be able to provide clarification on this.

manojsoni8

Met with the free legal advisor. She said I dont need to worry at all. She will be taking care of it from now on. Good Service.
Thanks all.

Ladybird20

i had a run in with them,,but thanx to gud advice on here i got it sorted,,,,thay had me down for a bill unpaid of 120.00 with scottish power,,anyhow after comin on here i contacted scottish power and ended up 16p in credit,,,,,result