Disputed Utility Debt

ctango

Hi All,

I have received a 'Final Notice' from a third party debt collector, demanding payment for an unpaid utility bill from a shared house I lived in several years ago (I have never received any contact from the utility company themselves regarding this). During the time I lived in this property I paid my share of the bills to another house mate. My name was placed on to the energy account, but not by me, and I signed no contract. Unfortunately I did not remember to request that my name be removed from the account when I left the property.

I don't believe I lived in the property during the alleged billing period, but I cannot prove it, as I don't have records going back that far, and bank statements etc will be of no use.

I have requested that the debt collection agency contact me with any evidence they may have, or leave me alone - However they have responded by asking me to prove that I didn't live there during the alleged period.

Do they have to prove that I lived in the property during this period please, and am I entitled to know what (if any) evidence they have to support their case - I strongly suspect they have none, and are just trying their luck. Can they pursue me until *I* prove that I don't owe anything?

I would appreciate any helpful advice anyone can give me, or even any templates I can use to help get this resolved.

I am relatively sure their claim is unfounded - If they have any evidence to the contrary, then I would like to know, and get it sorted. But if they have no evidence - which I STRONGLY believe is the case, then I want them off my back, and I want to make sure they don't 'sell the debt' to another company for me to go through this ad-infinitum.

Thank you in advance for any help.

hullight

Legally it's up to the creditor to prove that a debt it owed. However it might be beneficial for you to work with them if you can prove it!

With utilities there wouldn't be a signed agreement, the only way to be sure that an account is closed is if you get the final bill.

niccatw

You say you lived in the house "several years ago". Is the alleged debt also several years ago? If so, it may be that it is statute barred, whereby they can ask you to pay it but they cannot force you to pay it. (I think it might be 6 years in England and 5 in Scotland - but I may be wrong on this.)

DarkConvict

As above its upto them to prove it, but sadly it is usually easier for you to send them hard proof that you are not liable. Obviously if this is timely and costly, feel free to inform them that it will cost them for you to gather the paperwork form third parties, do they agree to cough up for it!

Can you remember which letting agent you used, if you can they might have the start and end dates on file still.

Won't you be registered on council records for council tax during your stay, you could ask the council for proof if it was a private let.

andyfuk

If you want more ammunition on top of DarkConvict's, and providing you have registered to vote, you could also get your statutory credit check (£2 statutory charge from the CRAs). It will list where you had registered to vote, along with dates and addresses.

If you do send anything, just be very careful what you send them, photocopy and blank out anything unncessary.