Threatening letter from EON - please help!

George7

brysiewysie wrote: »

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.

Hi and thanks so much for your comments.
This is the first communication my mum has received....no bill or letters but then why would she? She isn't the person they have put on the letter either. They have got details wrong as my mum has never been a Miss ? ????? as they have put on the letter, that was her first married name and actually got remarried 5 years ago so it's still not the right name.
The current occupier has been there since 2002 and registery shows they still own it to date (there are 2 peoples name on the registry) and the bill is for 2006-2007...so doesn't that prove this person is liable for the bill?
Sorry for so many questions :o:o:D

George7

Tozer wrote: »

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.

I really am torn what to do about this.
My gut reaction is to do as you and Insisor suggest to be honest but as I'm acting for my mum, I'm not sure if she'll want it hanging over her head when she feels so rough.
WE know we have done nothing wrong so what can happen if we do say take it further and waste your money!!!!!

Cardew

I have to agree with Incisor.

The 'business practices'(I use the term in its loosest possible connotation) of these debt collection agencies are despicable. They rely on threats and fear!

I would send a letter on behalf of your mother simply stating that she sold the property 12 years ago and if she gets any more harassment you will sue them.

Optimist

I would write to them pointing out that they are in breach of the OFTs guidance for debt collectors who hold a Consumer Credit Licence.

Namely section 2.4(f.) - pursuing third parties for payment when they are not liable

if they continue to harass your mother then also in breach of

Section 2.6(h.) - ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment and quite probably

Section 2.8(a.) - sending demands for payment to an individual when it is uncertain that they are the debtor in question, e.g. threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made.

Tell them that you would expect to hear from them within 14 days that they acknowledge that the debt is not your mothers or you will have I will have no option but to contact the OFT to make a formal complaint calling into question their fitness to hold a Consumer Credit Licence.

Or you could go to the Citizens advice who will contect them for you

George7

Optimist wrote: »

I would write to them pointing out that they are in breach of the OFTs guidance for debt collectors who hold a Consumer Credit Licence.

Namely section 2.4(f.) - pursuing third parties for payment when they are not liable

if they continue to harass your mother then also in breach of

Section 2.6(h.) - ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment and quite probably

Section 2.8(a.) - sending demands for payment to an individual when it is uncertain that they are the debtor in question, e.g. threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made.

Tell them that you would expect to hear from them within 14 days that they acknowledge that the debt is not your mothers or you will have I will have no option but to contact the OFT to make a formal complaint calling into question their fitness to hold a Consumer Credit Licence.

Or you could go to the Citizens advice who will contect them for you

:j:j:j Now that's more like it!
I hope I can convince my mum to let me fight this for her. I'm not one to lie down and let these sort of bullies get away with this sort of harrassment.....and they DO need to be pulled up on this sort of behaviour - it's disgraceful. (I fought westminster council and won!!!)
Thank you so much

Premier_2

It depends whether you want to take the easy, least painful approach to resolve this issue or take the bloodyminded approach and suffer the ongoing agony the debt collector will cause you and your mother.

I'm sure the final outcome on the alleged debt will be the same (you probably don't owe it), but the stress levels in the meantime will not be.

George7

Premier wrote: »

It depends whether you want to take the easy, least painful approach to resolve this issue or take the bloodyminded approach and suffer the ongoing agony the debt collector will cause you and your mother.

I'm sure the final outcome on the alleged debt will be the same (you probably don't owe it), but the stress levels in the meantime will not be.

Yes, you're right there. I'm going to read this thread to my mum later when she calls and let her decide what she wants to do. I'll support her whatever way she wants to take this.

:T:T:T I appreciate every-ones comments and ideas so far and will use them to form my letter no matter what we decide to do. You have given me information and ideas I hadn't thought about and that is why I love this site so much.....just ask and some-one can help :A :A :A

brysiewysie

Incisor wrote: »

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

Just saying it as it's likely to be. Having seen several of these cases it's highly unlikley that a letter will get any response. BCW have probably received some sort of info that makes them feel they are chasing the right person.

Assuming that this is a 'closed' account Eon will have passed this over entirely to BCW and will only recieve a minor sum from any debt collected, the vast majority goes to BCW. I've only ever seen Eon use BCW and others when it's no longer a live account.

If BCW believe that the OP's mother is responsible because of info they've obtained then the OP's mother will have to prove otherwise.

I'm not condoning the practice, just trying to give some insight into how the situation seems to have got to where it is.

Incisor

brysiewysie wrote: »

... If BCW believe that the OP's mother is responsible because of info they've obtained then the OP's mother will have to prove otherwise.

I'm not condoning the practice, just trying to give some insight into how the situation seems to have got to where it is.

[OP's mother's situation noted btw] Then it requires people to get bloodyminded and dig their heels in. It is enough to tell BCW that they can satisfy themselves from the Land Registry. After that it becomes harassment as posted by Optimist. Nobody should be put to expense to prove that a debt is not theirs. Let the blighters sue, after telling them to look in the Land Registry. If they have been told, they are going to get short shrift from a judge if they still carry on.

Burden of proof is on the claimant. Make sure it stays that way.

twinmom04

I had this problem with tele 2? they were sending someones bill to my address it went on for months kept getting through to india, who would not deal with it! best thing was they were sending me my bill aswell. they told me to prove who I was I said no not my problem, they said they will send bayliffs I said fine they could only present court papers to the bill payer not me,(not my bill). spoke to a manager who then said it would stop and credited my account with goodwill for the problems caused.

I would fight them personally, bill isn't in your mothers name, name is just similar.

goodluck