Disputed bill with ombudsman but sold to debt collector?

Dot_Common

Hi,

Hoping someone can help a friend of mine. She is disputing a large bill from her supplier, and seems to have evidence to support her side. After getting no where with the supplier, she has complained to the ombudsman. But the supplier have gone ahead and passed her debt to a debt collector, who have now approached her for settlement.

Is there any expectation that a dispute that has gone to the ombudsman should be 'frozen'? She'll go back to the ombudsman, but she's obviously freaked by the debt collector contact. Any advice?

Wywth

Dot_Common wrote: »

Hi,

Hoping someone can help a friend of mine. She is disputing a large bill from her supplier, and seems to have evidence to support her side. After getting no where with the supplier, she has complained to the ombudsman. But the supplier have gone ahead and passed her debt to a debt collector, who have now approached her for settlement.

Is there any expectation that a dispute that has gone to the ombudsman should be 'frozen'? She'll go back to the ombudsman, but she's obviously freaked by the debt collector contact. Any advice?

Is the whole amount of the large bill in dispute?

If not, she should pay the portion that is not disputed and explain the remainder is currently subject to dispute resolution by the ombudsman.

I think most debt collectors would be happy with this

Dot_Common

It's the whole bill under dispute - but you're right, thanks, she could try to speak to the debt collector. I don't think the ombudsman has a long turnaround time?

Wywth

Dot_Common wrote: »

It's the whole bill under dispute - but you're right, thanks, she could try to speak to the debt collector. I don't think the ombudsman has a long turnaround time?

Well presumably your "friend" has shown her evidence that she doesn't owe the supplier a penny to that supplier ... and the supplier, not unsurprisingly, doesn't agree.

So your "friend" should invite the supplier to commence court proceedings without further delay if they still wish to pursue your "friend" for this alleged debt (or any alleged debt) ... and then she'll be able to show the same evidence to the judge and see who the judge agrees with.

Edit: Of course, if your "friend" does pursue this course and ends up losing, your "friend" coust he hit with some hefty costs too, so maybe wise to seek some independent legal advice first.

Dot_Common

I haven't seen the evidence - and I'm not automatically assuming that she's right, I don't know. But it does seem bad to escalate a debt when it's being reviewed through the complaints procedure. I said I'd help look into it because I used to work for an energy company and know a little about the processes, but don't know about the ombudsman situation.

Battleaxe44

Your friend should have have a case number/'file reference assigned by the Ombudsman. This needs to be put in writing, together with a copy of the letter from the Ombudsman to prove the account is in dispute and awaiting adjudication, all the be sent to the DCA by recorded delivery, also a letter to the Ombudsman with a copy of the DCA's letter stating they are trying to collect on the account in dispute.

Everything to be done in writing and sent by recorded delivery. No speaking on the telephone to the DCA..

Dot_Common

Fab, thanks Battleaxe44!

undaunted

The "debt collector" has no authority & personally I wouldn't speak to them at all, I'd send a written complaint to the Energy Ombudsman and supplier.

The supplier should have frozen action whilst the Ombudsman looks into the complaint & it's upto them to now either sort it out or justify their actions to the Ombudsman

Battleaxe44

undaunted wrote: »

The "debt collector" has no authority & personally I wouldn't speak to them at all, I'd send a written complaint to the Energy Ombudsman and supplier.

The supplier should have frozen action whilst the Ombudsman looks into the complaint & it's upto them to now either sort it out or justify their actions to the Ombudsman

Problen could be the collections deptartment decided to go a ahead and send it to the DCA for ccollection. They ignore all the guidelines, this is why the DCA should be informed, then let the Ombudsman sort out the Supplier.

If you ignore the DCA, this cous result in the DCA taking further action. the DCA will only act on instructions from the Supplier, once evidence has been proivided that account is for adjudication the DCA has to send the file back to the supplier.

chanz4

let me guess a high bill this year compared to last?

undaunted

I didn't say the DCA should not be informed - I said (implicitly perhaps) that it's the suppliers job to do that.

The consumer is under no obligation to talk to them at all. If they did decide to go to Court in the meantime I'd suggest that it is unlikely it would get there before the supplier / ombudsman put a stop to that and the customer would certainly have their opportunity to point out to the Court what was happening here if it did.

Perhaps we should wait for the poster to explain the problem rather than make pointless and blind / wild guesses