Can somebody help a newbie please? BCW "debt"

dll.86

Hi everybody, I hope that somebody can help me with my problem.

Yesterday I received a letter from Buchanan Clark & Wells saying that they were instructed by Npower to recover an overdue debt of about £280.

Now, on the letter it's written that the supply period was from 01/12/2006 to 04/08/2009.
First of all, I wasn't in that flat anymore from 16/06/2007, when I moved out to another flat. Where are they coming from telling me that I haven't paid the gas for more than 2 years after I moved out?
The starting date instead is right (01/12/2006), as I moved in the flat on that day, but according to them I never ever paid for the gas in 6 months that I've been there. How could that have been possible if it was true? Don't they cut the gas supply if you are not paying for it? Plus, they would have started contacting me since the beginning if I wasn't paying my bills from day 1.

I can prove that I moved out of the flat on 16/06/2007 as I still have the contract for the new flat, but I no longer have any proof that the bills were always paid at the time.

I made some research on Google and I read terrible things about this BCW company, loads of people contacted and harassed to pay debts of years ago that they never had.

Now, I'm very inexperienced with all this legal stuff as I am quite young and I never had to deal with these kind of problems before. I feel quite vulnerable as, since I don't know my rights, I feel like they can turn me how they want me and make it look like I'm at fault. I'd like to know what's the best thing to do now or what I should do to counter at them and let them know that I don't have any intentions to pay any "debt" for old bills that were always paid for.

Thanks to everybody in advance for your help

System

hello,

when you moved out of the flat did you phone Npower for a final bill and did anyone else move into the flat after you?

BCW are used by the company that I work for ( a Mobile phone Network) and some of the letter that they send out are shocking so be prepared for some harsh letters.

Have you spoke to Npower about the debt?

dll.86

Hi wonderwoman83, I remember contacting at the time every supplier (gas, water, council tax) to let them know that I was going to move out, so yes. I didn't speak to Npower again after i received this letter from BCW.

What's the worst thing that can happen? I'm not going to pay anything...

fermi

May be worth getting on to NPower. Won't be the first time that they have passed an account on to debt collectors where the debt was an error. :rolleyes:

In the meantime, make BC&W provide proof as to your liability. If you are correct, then they don't have a hope of doing that.

Adapt the letter in the link below as you see fit.

http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

dll.86

I found the template, thanks.

EDIT:
A friend was suggesting me to send the "prove it" letter without any additional information, and first see what they come up with.. Or should I point out evidence immediately that I wasn't in the flat for most of the period they want me to pay for?

dll.86

One more question, what reference do I have to use in my reply? In the letter I received there is a BCW Ref (in red) and a Client Ref.

GeorgeUK

I would use the BCW ref used in the letter. They should be able to find it from your name and address alone so that shouldn't be a problem.

I would just send the "prove it" letter for now. See what paperwork the come up with if any.

dll.86

Help guys, BCW is back with a FINAL NOTICE, and they are acting like I never made any attempt to contact them back after they sent me the first letter, while instead I sent them the "prove it" letter via fax. (I was unable to find a fax service that gives you back that printed page that says at what time and date the fax was received, so essentially I cannot prove that they got my reply)

They say
"Since you failed to notify us of any legitimate reason for non-payment we can only assume that you do not wish to settle this matter amicably.

Accordingly, this letter should be accepted as FINAL NOTICE that unless payment is made immediately, we shall seek to commence LEGAL PROCEEDINGS against you, with payment of INTERESTS AND COSTS in addition to the Principal Sum being sought."

Now, in what the Legal Proceedings consist of? Can it happen that one day I come back home and I find, say, the computer missing because they came in to take stuff to repay the debt? Or what else can happen, what can they do?

Also, am I gonna end up with a sum much much bigger than what they want me to pay now (£280) just because I'm refusing to pay what I'm not supposed to pay in first place? What if in the end I'm forced to pay at all costs but the sum as gone up by hundreds of pounds?

What should I do now?

dll.86

I'm gonna send again the "prove it" letter tomorrow, this time via recorded delivery.

Can somebody give me some answers about the questions I posted above please?

tonypop

The letter is just a threat and BCW d not pass anything to solicitors,on many occasions they would just pass the debt back to NPower for them to try and collect on or pass to another company. As long as you have proof you weren't in the property,you will owe nothing.

dll.86

hi tonypop,

well, I can prove that I moved out of the flat on 16/06/2007 as I still have the contract for the new flat, but I can't prove that I have paid the gas bills for the period I was there!