Identity Fraud - gas/electric account, seems very easy!

Premier_2

And as I said, if it's for a separate period entirely (i.e. not a consecutive one) then it's for the supplier to prove you are responsible.
This may, for example, be by reference to the phone call. If it's your voice, then you would be, if not, you won't be. But I suspect they may not have that phone call recording now.

Otherwise it's for them to get the evidence such as a tenancy agreement in your name from the owner, not for you to prove you don't have a tenancy agreement.

The details of who owns the property is available from the land registry. Usually the owner is responsible for the property's utilities except where it is rented out. The owner would be able to supply a copy of a tenancy agreement for any period he claims it was let out.

whitescar

Yes that's the case exactly - I just checked on the email they sent me and the point at which they say I reopened an account with them at that address is actually three years after I closed the first one. I also assumed it would be their responsibility to prove I owe it, but they don't seem to think so. They seem to think the fact the person who rang them up said they were me is proof enough it was me, and refuse to change the debt or the link to my name unless I provide proof that I wasn't renting the address at that time.

I'll wait to see how they respond to my crime ref number from Action Fraud, if they still argue the case I'll ask them to find proof of who was a tenant at that time via the land registery as you suggest.

Premier_2

whitescar wrote: »

... I also assumed it would be their responsibility to prove I owe it, but they don't seem to think so.
...

That may be what they think, but a court would decide otherwise. They would be required to prove, on the balance of probability, that you were responsible for the debt they allege

Simply reply to them denying you owe the money claimed or indeed any other sum. If they have any justifiable evidence to prove otherwise, they should explain this now.

Do this as a formal complaint to the supplier. Inform them that in the absence of any evidence, they should drop this claim against you entirely and should confirm this to you in writing.

whitescar

Thanks to everyone who responded to this - just posting to let you know the situation is now resolved. I told EDF I had already supplied the proof that I was living elsewhere, and I gave them my crime reference number. They sent an apologetic email saying they have removed my name from the account and they are sorry it took so long!

brewerdave

A word of advice - keep all your correspondence safe,print off copies of any/all emails - the way debt is handled in this country you will probably get a letter in about 3 years time from a Debt recovery agency chasing the same money!!!