DCA- credit resource solutions

jen_br

We were at another property in 2008. Briish Gas provided our electricity, the landlord stated that we should switch to Scottish power.

By January we switched i placed last meter readings/first with both companies...

So feb rolls around i get my final final bill from BG. I pay it over the phone at a reduced rate for paying there and then.

Then around march/april there was some issues with meter readings one company thinks they are owed it was passed around didn't hear anything from it

but now creditresourcesolutions has been contacting me CONSTANTLY for the last few months over this I moved out of this property october. as my year lease was up and we went to a better property.

So CRS doesn't have my new addy just my mobile phone number and email. they are sending abusive texts and emails. I have called them 4 times. explained the situation this is BG fault i have paid the final bill.... etcetc they said too bad I siad ill call BG then they said BG wont deal with you send in your final bill that you paid I DID that and they are STILL contacting me telling me they are gonna take action etc

what can i do?

DarkConvict

They have to prove the debt is owed, not for you to prove it is not owed.

There have been a few topics on here recently with EON debts been passed to a DCA even though the final bill has been paid. I would dig out the final bill from british gas and the bank statement showing the payment was made. Get in touch with british gas and ask for the status of your account. If they say it is closed and no money outstanding inform them that they have sent credit resource solutions to collect an outstanding amount that is obviously not outstanding. If BG say there is an amount outstanding tell them you have bank statements and the final bill to prove payment was made to BG and tell them to inform credit resource solutions to stop harassing you.

Under OFT guidelines a DCA (credit resource solutions) cannot persue you for a debt if you are not liable, obviously if you have paid this then you are not liable for it.

False representation of authority and/or legal position
2.3 Those contacting debtors must not be deceitful by misrepresenting their authority
and/or the correct legal position.
2.4 Examples of unfair practices are as follows:
f. pursuing third parties for payment when they are not liable

Physical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
g. making threatening statements or gestures or taking actions which
suggest harm to debtors

Deceptive and/or unfair methods
2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:
i. failing to investigate and/or provide details as appropriate, when a debt is
queried or disputed, possibly resulting in debtors being wrongly pursued

As to the abusive texts/phonecalls, we would tell them to contact you only in writing but this would obviously give them your address instead of your phone number which i assume you do not want. If they do ring again ask to speak to their complaints department, if they refuse simply contact OFT and lodge a complaint over their behaviour. Keep the abusive text messages as evidence as DCA's are currently under investigation for their 'business practices'.

jen_br

BG is trying to say there is MORE to pay(soemthing about them not charging me enough when i gave them the readings??))... but like i said i paid the final bill... and my new contractor took over.. Scottish power has even disputed this for me.. and no such luck

Can CRS take me to court or put a CCJ on me?

DarkConvict

You can be taken to court for money outstanding, but they would need to prove the money is owed without any doubt. If they win at a small claims court a CCJ would be granted.

If you gave them the readings, and they gave you a final bill and paid up. Then gave the final readings to your new supplier then there should not have been a problem, and the hand over is complete. I would ask BG for a full explanation of the charges because both yourselves and your new supplier are disputing that any amount is owed. Ask for it to be sent in writing to your email address.

I very much doubt this, but, what BG might be trying to dispute is the gap between you leaving and the landlord bringing in new tenants. Once you have your final bill that is it, you are no longer responsible to them for it. The landlord is then responsible for any bills at the property until the new tenants move in. The new tenants give the first/current reading and carry on. But i believe you are stating this amount alleged to be owed was caused during the handover between British Gas and Scottish Gas.

jen_br

Talking to them now I can't speak to a manager, they said im not allowed i hae to speak to CRS CRS has no clue wht they are talking about...

the amount is due between handovers between the 2 companies..

DarkConvict

Inform them that they have failed to provide your proof of your liability towards this debt, as such you do not acknowledging owing it. They need to provide solid proof of the debt, statements showing how it accrued, why you are apparently liable and why it has taken so long to bring this to your attention.

jen_br

Thanks im nearly in tears theya re being SO rude with me on the phone. Told me they have to prove nothing i need to PROVE i don't owe the money, told me if i expect my kid ot have a good christmas i need to pay now or they will put a CCJ on me and take stuff from my house!

fermi

jen_br wrote: »

Thanks im nearly in tears theya re being SO rude with me on the phone. Told me they have to prove nothing i need to PROVE i don't owe the money, told me if i expect my kid ot have a good christmas i need to pay now or they will put a CCJ on me and take stuff from my house!

Utter bullwarks. :mad:

a) As you have been show, it is they who need to prove the debt is owed.

b) They can't get a CCJ before Christmas. These things take time.

c) With a CCJ, you could demand that they provide proof of the debt to the court. You can even ask the court to order them to do so. Doubt they would like that.

Don't talk to these idiots on the phone. They will lie to you and try to bully you.

fermi

Send the letter below to the RECORDED DELIVERY.

National Debtline "prove it" letter

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to ***************.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other

jen_br

thank you very very much! xx

jen_br

well got another text message from CRs saying they are going to prepare CCJ documents, Im at my wits end BG wont talk to me about it they refuse to handle the matter tell me to ring CRS, and that i am not allowed to speak toa BG supervisor...

CRS, told me if i pay now they will discount...otherwise its a CCJ.

I have sent a letter it has been ignored.