Buchanan, Clark & Wells and the case of the non-existent debt

StudentMoneySaver

Hi guys. This is a bit of an odd one. My friend received a letter (to her current address concerning an old address) from Buchanan, Clark & Wells regarding a debt to EDF Energy. The problem is, she has never had a contract with EDF to provide her with energy at the address listed (she has since moved out). Over the period they say the debt was accrued, she used Scottish Power for one month and British Gas for the rest, all the bills were paid in full and the account was settled when she moved out.

How does she approach this? As she has never had a contract with EDF Energy, she couldn't possibly have a debt with them (they are claiming £700+ for the period of October 09 to June this year). It is really frustrating. I have read about these people and they seem pretty nasty, I have advised her not to call them directly. She is planning to call EDF to establish that she never had an account with them. What should her plan of action be?

Thanks in advance.

bottleofred

Hi Studentmoneysaver,

The best thing for your friend to do is to send the prove it letter below, although she should also consider complaining to the OFT as these idiots have harassed her over a debt that isn't hers. Hopefully someone with more knowledge than me will be along soon with additional advice.

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

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 The Loan Company.

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

StudentMoneySaver

Thank you. I will get her to send that off asap.

Is there anything else she should do?

Hannah_10

You're right in telling her not to phone, they can be shtts. The reason they are shtts is because upsetting people is the most effective tool they have. You'd think the really effective tool would be the law wouldn't you, naturally you assume that if they are so hideous by telephone then they are going to do dreadful things to you... Wrong. They are nasty on the phone because they CAN'T do dreadful things to you.

To use an analogy, Tim (a biker I know) can't fight his way out of a paperbag, but when trouble starts in the pub he *looks* hard, in fact he looks so hard trouble tends to rethink it's options pretty damn quick! In actual fact Tim is a nice boy, from a suburban middle class background. Tim, like the DCA's, uses the age old trick of looking bigger and meaner than you are to avoid trouble (frilled lizards are an excellent evolutionary example).

So she should understand that ys, they are going to be unpleasant, but that thier unpleasantness is all the same as Tim in a pub fight. They've got nothing, therefore they have to rely on making you think they have something so you back down and don't try it on.

So this is where we get to the actual law, try it on.

Tell her she needs to send the prove-it letter by signed for post, keeping a copy for herself, which she should shove in the same file as the letter she's got. They will probably send back a screen print from excel or something, to which she should respond with a letter to the effect of that isn't proof, you have an obligation to prove I owe this money or persuing me for it is illegal, so shove off... There is a template for that somewhere too.

Most importantly though, she really needs to understand they are bluffing. If she lets herself get caught up in it she will make herself miserable and a lot poorer- so that's not good then!

StudentMoneySaver

She is a bit bemused by it really and it is a bit of a PITA dealing with a phantom debt. She didn't have an account with EDF (the energy was supplied by Scottish Power and British Gas) and has no idea where they got her new address from.

It's all very odd.

StudentMoneySaver

EDF have confirmed she did not have an account with them and they have never supplied the address in question. However, they refused to inform their debt collectors of that.