Threatening letter from EON - please help!

George7

Morning!
I am writing on behalf of my mother who received a letter from a solicitor buchananclark + wells in Glasgow demanding over £500 for an outstanding bill they were collecting for e-on from 2006-2007 to a property she sold 12 years ago!
The letter is a formal demand, looks like a standard letter to me but threatening legal proceedings if she doesn't pay. Also the name is slightly wrong on the letter.
Sadly my mother is ill at the moment, at the end of 6 months chemotherapy so she is unable to deal with this. She did speak to them on Friday afternoon before I knew about the letter and the woman was rude and unhelpful saying that unless my mother could provide proof that she sold the house, she is liable for the bill. She has been in a dreadful state all weekend so I have offered to check this out for her but thought I'd get some friendly advice first.
We went on the internet and within a few minutes, got the info of who last bought the flat via land registry. This cost us £3.....why didn't e-on or this debt company do that? So I think that proves who owns the property at the moment?
The weird thing is, the name of the woman on the registry is VERY similar to my mothers....it makes me wonder if they have used her details for some kind of identity fraud?
The solicitor wanted my mother to provide proof of selling the old flat. 12 years ago....she can't find anything. She has been in contact with her financial advisor who sold her both mortgages and he is going to look to see if he has any paperwork for her.
I am so angry about this....my mother can barely move as any-one who has experienced full blown chemo will tell you and has been franticallly looking for papers in her poorly state :mad: :mad: :mad:
So after all the background I plan to call them today telling them WE know who owns the property, why couldn't they find out without causing all this distress to a 70 year old woman.

Any advice please??? and thanks for reading all that!!! Hope this is the right place as I normally reside in the comps forum!

Many thanks!

MammaCas

Hiya

I would write a letter to Buchanan Clark and wells (they are a debt collection agency) and copy E.ON's Director of Customer Service in. The addresses should be available on the internet. I would add a copy of the land registry info that you printed off. I would quote the Back Billing Code of Practice (not allowed to back bill for more than 12 months) in addition to the fact that your mother hasn't lived there for the past 12 years. I would also mention her health and circumstances.

Set your letter out in three sections, 1st section - what your complaint is, 2nd section - what you've done to sort it out (including land registry search) and 3rd section, what you want them to do to resolve it (leave your mother alone). Send the letters recorded delivery and keep a copy for your records.

HTH xx

Quentin

Add that you expect both Eon and the solicitor to send a full apology to your mother for the distress their thoughtless action has caused.

George7

OWWW Thank you sooo much for your replies MammaCas and Quentin xxx
I'm so angry I couldn't think straight and your ideas are so clear, I feel like a burden has been taken off my shoulders.

You're both very kind xxx

WhistleBlower

NPower use BCW too, unfortunatley, and this is something that keeps coming up on these boards most companies will want proof that a property was sold. Send in the proof and they'll stop.

Ask for a fax number and fax it from your local library, makes it a bit quicker.

Expectinag an apology may be a little much, i'm sorry to say, the collections agency just go after whomever they are instructed to, you might get one for the fact that the woman was rude and unhelpful but that'll be it. Bugging E-On about it will get more results, it'll be their trace department who'll have found your mother's new address.

And get the fac tthat the names are so similar checked out, sounds a bit dodgy to me, though it could be coincidence.

Incisor

WhistleBlower wrote: »

NPower use BCW too, unfortunatley, and this is something that keeps coming up on these boards most companies will want proof that a property was sold. Send in the proof and they'll stop.

Personally, I feel a bit more bloodyminded. The onus of proof lies the other way, so I would just assert that the house was sold and the date, tell them that you are not going to incur expense getting Land Reg details, and tell them to find the details themselves, otherwise to provide proof that they are chasing the right person. Make them do the running around.

brysiewysie

WhistleBlower wrote: »

..........Bugging E-On about it will get more results, it'll be their trace department who'll have found your mother's new address........

Afraid not. Eon pass the whole thing to BCW and they'll be the ones who'll most likely have been given the details.

MamaCas is wrong to quote the billing code. If a bill has been produced and there's a debt this can be chased for many, many years. This case appears to be where someone else is telling BCW and/or Eon that your Mother is responsible for the property at that time. You can probably imagine how many people say 'it's not my debt', that's why you will need to prove that your mother is not responsible for it.

It is likely there has been several communications about this debt before now and it could relate to one of the previous occupants. The Land Registry proof you have now is for the current occupier - that's not likely to be relevant to this old debt.

George7

Thanks for that WhistleBlower.
What if she can't find anything, it was 12 years ago (she has looked and is baffled she can't find anything....she's normally so good with these things). Hopefully her financial advisor is going to find something. She is 70 and can't remember who her original mortage was for the old flat either poor thing so again we are waiting for the financial advisor to let us know that too.

I can see where the mistake has been made and isn't the land registry with the new owners details on enough for these people? They aren't the original people who bought the flat off my mother in 1996. This wonam who has the similar name to my mother bought this flat from whoever owned it in 2002 in march 2002 and we assume it is still their's
Sorry...does that make sense.???!!!!!.

What about contacting the Energy Ombudsman or Watchdog to complain about this grave error E-on?BCW have made???
I feel for any-one who has to deal with this that DOESN'T have family to help them out.

Thanks again for your reply!

George7

Incisor wrote: »

Personally, I feel a bit more bloodyminded. The onus of proof lies the other way, so I would just assert that the house was sold and the date, tell them that you are not going to incur expense getting Land Reg details, and tell them to find the details themselves, otherwise to provide proof that they are chasing the right person. Make them do the running around.

Yeah.... I did feel like that but to be honest I just wanted it sorted so my mum stops worrying!

Tozer

As Incisor said - the burden of proof is on them to prove that your mother owns the property and is liable for the bill.

I would be tempted to simply tell them that they are put to proof.

Incisor

brysiewysie wrote: »

... You can probably imagine how many people say 'it's not my debt', that's why you will need to prove that your mother is not responsible for it.

I have to disagree with that. It is for the company to prove that the person being chased is the one who owes the money. There are just too many companies out there right now, trying to extract value from their old debt book [to the extent that I am fully expecting fly on the wall accounts in the next 18 months about companies chasing people for debts that they had good reason to doubt were valid].

From the OP: "the woman was rude and unhelpful saying that unless my mother could provide proof that she sold the house, she is liable for the bill." That is so wrong. It is for the company to prove liability. Although it may be an expedient way to make them go away, why should someone have to pay Land Reg fees to call off the dogs for something they are not liable for? If too many people give in to these idle grasping companies, then it will result in a reversal of the normal burden of proof.