Buchanan Clark and Wells first letter

jess2012

Like many of you on here, today we have received a letter from BC&W stating they are trying to contact someone with regards to a private matter and if we believe it is us to contact them, which we did to ask them who they were as it does not actually give any details on the letter as to what company they are or a reason why they are contacting you.

So we did the right thing and contacted them. That was the wrong thing to do.

They told us that they were chasing a debt from our old address - it was an E-on debt for gas from May 2006 to March 2009. We did say that we did live at the address in question but only for one year as we only rented it and left in Nov 2006. The bill is for £1700 - £400 for them and they are adding interest on each day.

We then contacted E-on who at first said the debt had been written off, but then changed their minds and said it was still pending. They have asked to send the tenancy agreement to them to confirm when we left, which we are trying to sort out.

We phoned BC&W back an they also asked for copy of tenancy agreement but still want the money paying, they just ignored the fact that we moved out in 2006. They hung up on my husband.

I know we had trouble with E-on when we first moved in. It was a new build and it was actually the building firm that was renting it out to us. We carried on with E-on as that is who the building firm were using but we ended up with their bill as well, but as far as we were aware it was all sorted out when we moved out as we then went back to British Gas.

I have seen a letter that can be used called Statute Barred as the debt is over 6 years old. Can we still use this or have we admitted liability for the debt as we have contacted BC&W.

I reckon this debt is actually from the people who moved in after us with it ending in 2009.

shedhead55

Unfortunately phoning debt collectors is usually the wrong thing to do, it's best to deal only in writing and type rather than sign your name on all letters. They are at best an unscrupulous bunch.

Simply contacting the DCA would not in itself constitute an acknowledgement of the debt so you still still be free to go down the statute barred route. The OFT guidelines on debt collection should help you understand your rights.

Heffi1

I think you have to admit in writing that you agree to the debt in order to acknowledge it, a phone call does not do that, no matter what you are told on the phone, I would be asking them to prove it was me who owed the money and not the other way around, there is a template letter for the prove it letter, I am sure someone will be along soon to say where it is, but if you do a search then I am sure it will come up in one of the threads on here.

VitaK

If you moved out in November 2006, then the debt might not be statute barred yet. You need to figure out exactly when 'cause of action' was.

jess2012

Hi
Thanks for your replies which were helpful. :T

I think we will wait to see if we receive another letter from BC&W and if we do we will reply with the Statute Barred letter.

I know we left the address in Nov 2006 but the 'apparent debt' is from May 2012, so to me it is over 6 years ago.

Another thing amazes me though, it has took them from March 2009 to now to find us, don't these company use 192.com or electoral roll searches.

chanz4

if you left nov 06 its not stat bar, also did you inform them

jess2012

Hi chanz4

We did inform them that we were moving out, we are the kind of people that inform everyone and their dog. we don't like to leave loose ends. Did the usual thing- gave them the gas readings the day we left (my dad made sure of that) and transferred to British Gas. Renting the house from a builder was a shambles from beginning to end - the building firm has gone bust - say no more.