BCW Disputing Dispute - What now?

ctango

Hi,

I could really do with some advice please - my story is long, but I'll try to keep it concise.

In early 2009 I received a letter from Buchanan Clark & Wells claiming I owe around £600 for a utility bill from about 4 years ago (Definitely not statute barred yet). I have not heard from the energy company. I'm 80% sure I didn't live there at that time, but not 100%, and cannot prove it. I have a family to look after, on a relatively low wage, and so don't want to pay unless I owe it. Obviously if I owe it, then I owe it - but I know if I give them an inch, they will try to take everything.

I have not acknowledged the debt - I disputed it for the above reason from day one (with a prove it letter), and have in every response requested proof. It took them over a year to even answer my request for proof - and their answer was literally to say that the debt was due to a balance transfer. I have no knowledge of a balance transfer, and this obviously doesn't address whether I lived there or not. Since then, they have said that the dispute is not valid, as they have provided the above information, despite me repeatedly telling them that the information above is not satisfactory. They state they will chase until *I* provide proof, or until I pay.

I have complained to the energy company in writing, but have had no response so far, and have complained in writing to BCW, and was ignored (All recorded delivery). I complained to Trading Standards, and they sent me to the CSA. I have complained to the CSA, and CSA have forwarded my complaint to BCW, but I've so far had no response to that complaint.

Their latest letters (since they received the CSA complaint) include one they have had a solicitor send me to say they *may* take legal action if I do not pay.

I do not want to get a CCJ, or to have my credit rating damaged by this - However I do not want to pay money I do not owe. If I could prove I did not live there then I would, but I can't. If they were to demonstrate that I did live there at the time, then I would pay, but they instead choose to keep harassing me (prove it, pay, or we *may* take legal action). Giving in has crossed my mind to put a stop to the harassment.

- Can BCW take me to court if they have no proof? (As a scare tactic)
- At what point would I have to give in if I'm not willing to risk my credit rating and/or a CCJ?
- What do they need as proof? (Obviously there's no signed agreement, but this is a utility bill - jointly/separately liable, no signed contract required etc etc).
- If I were to give in and offer payments (which I really don't want to do unless I owe it) then what would stop them from demanding payments I cannot afford - since by offering payment, I would be admitting liability.

I would really appreciate any advice to help me make as informed a decision as possible - I don't want to give in to their bully tactics - but if I do, then I certainly don't want my family to suffer for it.

Thank you in advance for any help anyone can give.

DVardysShadow

It is going to be nerve wracking, but essentially [if you have kept all correspondence], there is no proof forthcoming and you have tried diligently to get them to prove the debt. So if it goes to court and they produce something out of the hat, you can show that you have been asking for this for years and that they have acted in bad faith taking you to court.

However, you really do need to be able to cover the one tricky point and actually prove that you did not live at the address in question at the time in question.

toffe

Bcw are scum, they operate on the basis that aggression works better than reason.

I had dealings with them a couple of years back when they started chasing an alleged "debt" from a mobile contract. The problem here was that the contract in question related to a limited company which i was once a director of but which has since been wound up, without any debts i might add.

then some time later BCW pop up demanding money, you can't do that, once a company is wound up if you have not brought the alleged debt up prior it can not be claimed from a director unless a directors guarantee was given, which it wasn't.

this argument fell on deaf ears with BCW who proceeded to ring me being aggressive and abusive threatening all kinds of litigation, it was all hot air.

From what you have said you have made a reasonable request for some form of proof that you are the correct tenant to which the debt pertains.

Now utility debts are a tricky area and do differ to consumer credit agreement debts in many areas so you may want to take some expert advice but i would say without any reasonable evidence that you are the correct debtor being provided it would be extremely difficult for BCW to bring any form of legal action against you.

I'd advise that you inform BCW next time they call that you will only deal with this matter in writing, i believe there are templates on this site for formally stating this to DCA'S, maybe someone else could help with pointing you in the direction of those templates.

The reason i say that it is best you only deal in writing with BCW is companies like these, who use aggressive methods and threats to coerce people into paying disputed debts are usually reluctant to use this method in writing as it breaches DCA regulations laid out by their licensing body and could possibly be used against them by the alleged debtor.

If bcw have nothing on you, so to speak, a request that they only deal with you in writing, where BCW will not want to make their threats or be so aggressive may be enough to make the matter disappear.

But definitely take some advice on this from your local C.A.B or similar as utility debts are different to consumer credit debts and the powers of enforcement available are different also.