British Gas chasing money not owed

Big_les

As of just now, my personal problem with BG *should* be resolved (I won't hold my breath on past performance). As I spent many frantic hours trying to work out what I could do to resolve the below situation, I thought future forum-users and Googlers might appreciate my own little tale.

I moved house and closed my BG account, and settled the final bill just over a month later. Some time after this I received, out of the blue, a letter threatening me with court action, but quoting a different account number, re an account that had (as I later discovered) been set up by BG in my name and without my knowledge. To make matters worse, the letter demanded an amount for a period of a couple of months (approaching £200) several times higher than it could possibly have been under my own pattern of usage!

Despite the letter claiming that “previous requests for payment” had been made, this was the first I had heard of this second account and any problem associated with my name. They had my address details; that's how my final bills were sent to the correct address! So why they didn't tell me about this phantom account or that I had not paid it, I still don't know. Anyway, the call centre operative was able to establish that the although I had indeed paid and closed my account, this new account had been set up due to a "gap” in payments from the date of my final bill until 8.6.06. Now, I thought that, in such situations, the liability for continued payments (under a “deemed contract”) would lie with either the new tenants, or the landlord of the property, until such time as they contacted you to pay and formalise the arrangement. I have never heard of the *previous* tenant (with good payment record and closed account!) being prime suspect for illicit elec/gas usage. In fact, it appears that in certain cases, BG feel justified in hounding previous, paid-up ex-customers, for money they don't owe, and at an inflated rate (much as a deemed contract would be charged).

You might think that BG would have to prove (at least to me) that it was me who owed them this money, but in fact I was told that I would have to prove that I wasn't liable, and that the only evidence that they would accept was a signed letter from the letting agency. This seemed wrong to me, but in the interests of closure and good will, I duly obtained this letter and sent it along with lots of other documents - more circumstantial evidence that I had moved house e.g. council tax and other bills. I expected an end to it there.

Nope. I received another letter telling me that they had been unable to resolve the issue and that I should provide evidence that I was resident for the period in question(?!), AND evidence that I was NOT resident for that period (which I had already done)!!! Utterly confused, I called BG again, to be told in a condescending and patronising way what I'd been told was incorrect, that I needed to provide other evidence, and (upon questioning the validity of this) that "we're going in circles". Didn't I bloody know it! This person claimed that the document I had sent (that THEY had asked for as evidence less than two weeks previously), "wasn't a legal document" and wouldn't bring an end to the matter. Now, apparently, only a tenancy agreement would do. I explained that I had taken the option of a break clause on my agreement, and therefore the date on the agreement would not reflect the date I had moved out - however the letter already sent from the letting agents would! What they were asking me for (even if the letting agency had been happy to oblige) was impossible to provide - as far as I know estate agents don't redraft tenancy agreements to reflect reduced length tenancies; they simply issue the deposit cheque and take back the keys. I was told that BG could not help this; it was a matter for myself and the agents to resolve.

Finally I was passed to someone in the complaints department, who seemed unaware of the letter proof that I had sent - she asked me to fax her a copy. This I did, and being unable to get through to Central Recoveries, I followed up with a call to Centrica Head Office, who kindly put me straight through this time to someone in complaints. This person informed right away that I "should not have been billed for that account" and the debt collection notice shouldn't have been sent to me. Ergo, all that I had been told in the meantime was untrue! She said she'd log the complaint and call me back within 7 days.

I got a call back within a matter of hours, informing me that my details had been removed from that account, and that the debt collection procedure would be ceased. All of this had taken just under four weeks of constant effort and not a little stress, to resolve.

So, if anyone else finds themselves in the same situation; I strongly suggest that they do not concede and pay for services they have not used, in fear of a CCJ or bailiffs knocking at their door. I can recommend that they do what they can to circumvent the people on the phones, who are usually pleasant and sympathetic, but poorly trained, and use the details below to cut to the chase. Ask to speak to the Chief Executive or a representative, and failing that, the complaints department. Explain that you have evidence that you are not liable, and that the onus is on them to prove the liability of the debt (assuming you have paid your final bills, have meter readings etc etc). Advise them that if they do not resolve your complaint within their own time limit (ask them for a statement of this), you will be taking your complaint to Energywatch. Follow up your complaint in writing.

Eventually, you should get through to someone with the training and customer service skills to do right by you, and prevent you having to go to court to prove your own innocence (which I was quite prepared to do.) The details I and others have used to get through to somebody trained, competent, and reasonable:

Mr Sam Laidlaw
CEO British Gas
Centrica plc
Millstream West
Maidenhead Road
Windsor
SL4 5GD

+44 (0)1753 494000

I hope this helps somebody in a similar position.

Cardew

Welcome to the forum - nice post.

I think this extract sums up most of the call centre staff in a variety of firms:

I can recommend that they do what they can to circumvent the people on the phones, who are usually pleasant and sympathetic, but poorly trained,

My daughter worked in a call centre(between her first and second degrees!) and said that you were under pressure to 'get rid' of anyone with a complaint/problem by whatever means. Passing the customer on to supervisors or complaints dept was a black mark against you. That is why some staff simply cut you off(hang up) if it all becomes difficult.

roger56

Since you are in dispute, you need to ensure you get BGs attention.

Consider issuing BG with a Subject Access Request and ask for copy of all the data they have about you. It costs £10 max and BG are legally obliged to respond within 40days. Here is a useful guide with sample letter.
http://www.gov.im/lib/docs/odps/makingasubjectaccessrequesta4.doc

Make sure you fill the forms in correctly and include the section requiring them to explain how automated decisions have been made about you, it can be informative. Note you can also prevent them from making automated decisions about you. That means they must stop sending automated letters threatening court action etc.
http://www.ico.gov.uk/Home/what_we_cover/data_protection/your_rights/preventing_automated_decision_making.aspx

They will start responding, in my case they contacted me and settled and asked if I would agree to withdrawing the SAR.
I withdrew ONLY when I had an acceptable written letter from them clearly stating the matters were closed, no further action would be taken.

The SAR should be addressed to the Data Controller for eg BG. Use the address you have and send it signed for so you can prove BG received it
(use track and trace from the Post Office).
Clearly identify on the letter envelope that it is a Subject Access Request. Who-ever receives it is legally obliged to pass it to the correct person for processing.

Do keep a copy of all letters sent, and keep a record of all contact whether phone / letter /email etc

Your aim is to force BG to respond to you and sort the problems out in a reasonable and responsible manner and in a timescale that is acceptable to you.

Good Luck

Big_les

Hi, and thanks for the welcome. Thanks Roger for your added pointers; as I said hopefully BG are as good as their word having today twice told me that I am not after all liable for this. Should they attempt to "welsh" on this verbal statement (I wish I'd had the presence of mind to record the call-back), I will of course look at what you suggest.

It's just bewildering that one minute I can be looking down the barrel of an unjustified debt and the threat of bailiffs and legal action for money I don't owe, and the next, all is supposedly well. I feel very hard done-by, despite all of this occurring within four weeks, and not the long-running nightmares I've read and heard about (albeit with different circumstances e.g. BG Homecare). I can see people in different domestic/financial circumstances struggling with incidents like this; be it by just paying up out of fear, or looking over their metaphorical shoulders for months or years, thinking BG are still after them (which of course, they could be if they aren't able to have their issues resolved as mine appear to have been).

I wonder if I should request written confirmation that they will not attempt to pursue me in future?