Past Due Credit! Advice needed please

Danniella

Hi there,

I am asking for advice on behalf of my brother who has received several letters from "past due credit solutions" in relation to a debt due to British Gas from a former address he was at.

My brother spoke to British Gas (tricky when the debt goes back to 2009!) but they assured my brother that outstanding arrears for that debt were paid in full!.

I then advised my brother to call Past Due Credit and explain this situation to them and to get back onto 'their client" to clarify. Please note that past due credit cannot produce anything "concrete" in relation to this debt". A representative told my brother at that time that Past Due credit were actually part of British Gas and 'to leave the matter to him'. He then thought that was the end of the matter.

He then receives a letter with a "goodwill gesture" of a lower payment to pay in full within a certain amount of time. My brother insists he does not owe this money at all. It was all finalised and all bills paid when he vacated the property. I suggested he put it in writing to Past Due Credit which he has done.

Received a letter from Past Due Credit this morning asking my brother to provide evidence that he does not owe this debt! I am confused by this - isn't the onus on them to prove he does owe it?!, not him to prove he doesn't?! The letter states the case has been put on hold until he produces this information eg, a tenancy agreement to prove he left the premises in 2009. He didn't have a tenancy agreement for the property. He was living with his girlfriend who had a mortgage (relationship didn't work and he left!).

What should he do next? He is looking at getting a mortgage next year and doesn't know whether this will affect his credit rating or not?

Many thanks in advance for your replies.

Tixy

This is likely to be affecting his credit file at the moment. It would be a good idea for him to get copies of his credit files to check.

I would suggest he starts by sending past due the prove it letter - Letter when you know nothing about about the debt - AKA "Prove it" letter

They have to prove the debt exists and that he is liable for it.
They should be providing something like copies of invoice with the relevant dates showing and a transaction history showing what payments had been made to the account etc.

Was the british gas account for his girlfriend's house just in brother's name? Did he inform bgas when he moved out to put it in to her name? or does he know if she did?

Gordon_Hose

They've put it "on hold" until he produces some form of proof he doesn't owe the debt.

Don't produce anything then, it'll be "on hold" forever. If they send anything else simply ignore them. They can't do anything to his credit files as they are only acting on behalf of British Gas, who are the owners of the debt. If BG say he paid his final bill in full they'll have a hard time collecting nothing.

PDCS are toothless, as I said, just ignore them.

Danniella

Thanks so much for your guidance.

I have compiled a letter for my brother to check, sign and send but could you check it for me:- (is it too much, I think I sound like a stroppy mare, but my brother is the complete opposite!). I am also going to tell him not to have any verbal contact with these scoundrels. Thanks again

Thank you for your letter dated 21st November 2013, received today, the 27th November 2013, advising me that you are putting my account on hold for 28 days.

I will state the following in very simple terms, since you seem to ignore/disregard anything I say, either verbally or in writing:-

1) I will NOT be providing any evidence that I do not owe this debt. As far as I am concerned, I have spoken to British Gas who confirm that NO DEBT is owed. You are aware of this and indeed you told me that you would look into it, something you have FAILED to do!

2) At present, I believe, on the basis of legal advice sought, that the onus is on yourselves to prove this debt is owed by me, not for me to prove I do not owe this debt. I categorically state that I do not owe this debt. The only
time I have to prove this is when you take legal action against me and I will happily attend court to “prove it” in relation to this matter!;

3) I consider that I have done all I need to do in relation to this matter. I have contacted yourselves and indeed given you my mobile number, I have contacted British Gas and contacted you further by telephone when you told me that YOU would look into this matter and I have written to you previously. I do not intend wasting any further time on this matter!

Furthermore, I have been made aware that 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.

I would ask that no further contact be made unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

What do you think? Too much? Thanks in advance.

happy_bunny_2

Sounds good to me.